Multiple federal and state laws protect workers in New Jersey, Pennsylvania, and all other states against discrimination in the workplace. These laws prohibit employers from discriminating against employees or applicants based on their membership in protected groups. Despite these laws, some employers engage in illegally discriminatory acts or fail to stop the discrimination that others are committing in the workplace. If your employer has discriminated against you or failed to stop the discrimination that has been occurring, here’s some information you need to know about the laws that might apply.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a major federal anti-discrimination law. This law and its amendments forbid employers from discriminating against applicants and employees during all phases of employment based on the following protected statuses:
- Color
- Race
- Sex
- National origin
- Pregnancy
- Age (over 40)
- Sexual orientation
- Genetic information
- Gender identity
- Religion
- Citizenship status
- Disability
The prohibition against age discrimination applies to employers with 20 or more employees. Most of the other prohibitions apply to employers with 15 or more employees.
Even though New Jersey and Pennsylvania are at-will employment states, which means that employers can fire employees for any reason at any time, they can’t fire workers for discriminatory reasons.
Employers are prohibited from refusing to hire someone based on their protected characteristics or using job advertisements that attempt to screen out minority applicants. They also can’t pay people less because of their protected characteristics, refuse to promote them, fail to give promotions when deserved, harass employees, demote, or fire them based on their protected characteristics or their association with members of a protected class. Title VII also prohibits employers from retaliating against employees for complaining about illegal discrimination even if the complaint is ultimately found to be unwarranted.
State Anti-Discrimination Laws
Both New Jersey and Pennsylvania have state anti-discrimination laws. New Jersey’s law is the New Jersey Law Against Discrimination (NJLAD), which makes it illegal for any employer to discriminate against an applicant or employee based on the following characteristics:
- Color
- Creed
- Race
- Gender
- Sex
- Sexual orientation
- Disability
- Gender identity
- Religion
- Age
Unlike the federal anti-discrimination laws, the NJLAD applies to all employers in the state regardless of how many employees they have.
In Pennsylvania, employees and applicants are protected against discrimination by the Pennsylvania Human Relations Act (PHRA). This law protects applicants and employees against discrimination based on the same protected characteristics as Title VII. If you think you have been discriminated against by your employer in New Jersey or Pennsylvania, talk to the employment discrimination attorneys at Swartz Swidler.
Damages in an Employment Discrimination Case
Damages are financial compensation to cover the losses an employee or applicant has suffered because of their employer’s discrimination. If you were discriminated against based on your protected characteristics, the following damages might be awarded in your case:
- Front pay
- Back pay
- Job reinstatement
- Value of the employee benefits you lost
- Emotional pain/mental anguish
- Other types of non-economic losses
If you want to pursue a claim against your employer because of illegal discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights, or the Pennsylvania Human Relations Commission.
How to File a Complaint
Under EEOC rules, you should first file a complaint internally with your company by following the procedures provided by your employer. If the person who is designated to handle complaints is the person who discriminated against you, you should file a complaint with the person above them.
Your internal complaint should be in writing, dated, and signed by you. Keep a copy of your complaint for your records. Your employer should investigate your complaint and take action to stop the discriminatory actions. If your employer retaliates against you or fails to investigate your complaint, you can then file a discrimination charge with the EEOC, the New Jersey Division on Civil Rights, or the Pennsylvania Human Relations Commission.
There are strict deadlines that apply, so you need to act quickly. Once the agency receives your complaint, it will investigate what happened and either choose to represent you or send a notice of dismissal. Because these agencies receive many complaints, they can’t represent everyone. If an agency determines your claim has legal merits, it might choose not to represent you but send you a right-to-sue letter.
Right-to-Sue Letter
You might receive a right-to-sue letter notifying you that you can file a lawsuit against your employer. You and your employer might be invited to participate in mediation to try to reach a settlement before you receive a right-to-sue letter. If you and your employer reach a settlement, your case will be over. However, few discrimination cases are settled in mediation.
After you receive a right-to-sue letter, you will have 90 days to file a lawsuit in state or federal court.
Talk to an Employment Discrimination Attorney
If you believe that your employer discriminated against you unlawfully, you should schedule a free consultation with the discrimination lawyers at Swartz Swidler. Call us at (856) 685-7420 to learn about your rights and potential legal remedies.
