Workplace discrimination is a pervasive issue that affects employees in all industries. In New Jersey, laws like the New Jersey Law Against Discrimination (NJLAD) provide robust protections, but recognizing the signs of discrimination is the first step to fighting back.
If you’ve experienced unfair treatment at work, understanding your rights is crucial. Swartz Swidler, a trusted employment law firm, is here to guide you through the process and help you secure justice.
Key Takeaways
- Discrimination Takes Many Forms: From unequal pay to harassment, recognizing the signs is the first step in fighting back.
- New Jersey Laws Offer Strong Protections: NJLAD prohibits discrimination based on a wide range of characteristics and provides avenues for legal recourse.
- Act Quickly: Document incidents, report issues internally, and consult an attorney to ensure your rights are protected.
- Swartz Swidler Can Help: With a track record of success, we’ll guide you through every step of your case to achieve the justice you deserve.
Understanding Your Rights: Federal vs. New Jersey Discrimination Laws
| Category | Federal Laws (e.g., Title VII, ADA, ADEA) | New Jersey Law Against Discrimination (NJLAD) |
|---|---|---|
| Protected Characteristics | Race, color, religion, sex, national origin, age (40+), disability. | Includes federal protections plus marital status, sexual orientation, gender identity, familial status, and genetic information. |
| Coverage | Employers with 15+ employees (20+ for age discrimination). | Employers of all sizes. |
| Scope of Application | Applies to hiring, firing, promotions, wages, and other employment practices. | Covers additional areas like housing, public accommodations, and credit. |
| Reporting Deadline | EEOC complaint must be filed within 300 days in New Jersey. | Lawsuit must be filed within two years of the violation. |
| Enforcement Agency | Equal Employment Opportunity Commission (EEOC). | NJ Division on Civil Rights (DCR) or direct court action. |
| Compensation | Back pay, front pay, emotional distress, and punitive damages (caps apply). | Includes all federal remedies; no caps on emotional distress or punitive damages. |
What Constitutes Workplace Discrimination?
1. Legal Definition
Workplace discrimination occurs when an employer treats an employee unfairly based on a protected characteristic, such as race, gender, age, or disability. Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) provide protections.
In New Jersey, NJLAD offers even broader protections, covering additional characteristics such as sexual orientation, gender identity, marital status, and genetic information.
2. Protected Characteristics
Examples of characteristics protected by NJLAD include:
- Race, color, and national origin
- Gender, pregnancy, and sexual orientation
- Age (18 and older), disability, and veteran status
- Religious beliefs and marital status
3. Types of Discrimination
Discrimination can take many forms, including:
- Direct Discrimination: Unequal treatment based on a protected characteristic.
- Harassment: Hostile or offensive work environments created through actions or comments.
- Retaliation: Punitive actions taken against employees who report discrimination.
The 10 Red Flags of Workplace Discrimination
- Biased Hiring Practices
- Patterns of hiring predominantly one demographic group.
- Rejecting candidates based on stereotypes or assumptions about their abilities.
- Unequal Pay
- Workers performing the same role with comparable experience earning significantly less based on gender, race, or other factors.
- Denied Promotions or Opportunities
- Consistently passing over qualified employees from certain groups for promotions or key assignments.
- Retaliation for Complaints
- Employees facing demotions, dismissals, or hostility after raising concerns about discrimination.
- Hostile Work Environment
- Repeated harassment, slurs, or offensive behavior targeting a specific group.
- Failure to Accommodate Disabilities or Religious Practices
- Employers refusing reasonable accommodations, such as modified schedules or adjustments to workspace setups.
- Disparate Disciplinary Actions
- Employees from protected groups facing harsher punishments for the same infractions as others.
- Exclusion from Key Projects or Meetings
- Deliberate exclusion from discussions or projects that could impact career growth.
- Negative Stereotyping
- Comments or behaviors based on harmful stereotypes (e.g., assumptions about work ethic or abilities).
- Sudden Termination Without Just Cause
- Dismissals that appear to be tied to protected characteristics rather than job performance.
The Cost of Workplace Discrimination
- Emotional Impact
- Anxiety, stress, and depression caused by persistent unfair treatment.
- Financial Losses
- Reduced earnings due to denied promotions or wrongful termination.
- Workplace Culture Damage
- Discrimination harms morale, trust, and collaboration, leading to lower productivity.
How New Jersey Laws Protect Against Discrimination
1. The NJ Law Against Discrimination (NJLAD)
NJLAD offers protections broader than federal laws, applying to job applicants, current employees, and former employees. It prohibits discrimination in hiring, firing, promotions, wages, and workplace policies.
2. Filing Deadlines
Employees must file discrimination claims within two years of the discriminatory act under NJLAD. Timely action is essential to protect your rights.
3. Employer Obligations
Employers must:
- Provide anti-discrimination training.
- Investigate complaints promptly and thoroughly.
- Ensure policies and practices are free of bias.
Steps to Take if You Suspect Discrimination
- Document Everything
- Keep records of incidents, including dates, times, locations, witnesses, and any communications (emails, texts, or memos).
- Report the Issue
- Use your employer’s internal reporting system, such as HR or a designated supervisor.
- Seek Legal Guidance
- Contact an employment attorney to evaluate your case and guide you through the process.
- File a Claim
- File a complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC).
How Swartz Swidler Can Help
1. Free Case Evaluations
Swartz Swidler offers free consultations to review your case and determine if you have grounds for a discrimination claim.
2. Proven Track Record
Our attorneys have successfully represented employees across New Jersey, securing compensation for lost wages, emotional distress, and punitive damages.
3. No Upfront Fees
We work on a contingency basis, meaning you pay nothing unless we win your case.
Tips for Preventing Discrimination in the Workplace
For Employees:
- Stay informed about your rights under NJLAD and federal laws.
- Speak up early when discrimination occurs.
- Join diversity and inclusion initiatives to promote equitable practices.
For Employers:
- Provide regular training on anti-discrimination laws.
- Establish clear reporting and investigation processes.
- Cultivate an inclusive culture that values diversity.
Conclusion
Discrimination in the workplace can have far-reaching consequences, but employees in New Jersey have strong legal protections. By recognizing the red flags of workplace discrimination and taking decisive action, you can safeguard your career and hold employers accountable.
If you’re facing discrimination, Swartz Swidler is here to help. Contact us today for a free consultation and take the first step toward justice and fair treatment in the workplace.
Frequently Asked Questions (FAQ)
1. What qualifies as workplace discrimination in New Jersey?
Workplace discrimination involves unfair treatment based on protected characteristics, such as race, gender, or disability. NJLAD provides protections for additional categories like sexual orientation and marital status.
2. How do I know if I’m protected under NJLAD?
If you’re employed in New Jersey and have faced discrimination based on a protected characteristic, you are likely covered. Unlike federal laws, NJLAD applies to employers of all sizes.
3. What should I do if I suspect workplace discrimination?
- Document incidents, including dates, times, and witnesses.
- Report the issue to your HR department or supervisor.
- Consult an employment attorney to evaluate your case.
4. How long do I have to file a discrimination claim?
- Federal law: File an EEOC complaint within 300 days.
- NJLAD: File a lawsuit within two years of the discriminatory act.
5. Can my employer retaliate if I file a complaint?
No, retaliation is illegal under both federal and New Jersey laws. If you face retaliation, you can file a separate claim.
6. What compensation can I recover if I win my case?
You may recover:
- Back pay and lost wages.
- Emotional distress damages.
- Punitive damages (no caps under NJLAD).
- Attorney’s fees and court costs.
7. How can Swartz Swidler help with my discrimination case?
Our experienced attorneys:
- Provide free case evaluations.
- Gather evidence and build a strong case.
- Negotiate settlements or litigate aggressively in court to secure justice.
