Workplace discrimination is no easy matter to deal with alone. Such an issue can even significantly impact your professional and personal life. If the discrimination has gotten to the point where you have decided to launch a claim, there are some things you need to know. There are steps to take so that you can navigate the next steps toward a resolution with confidence. Let’s take a look at what to expect in a workplace discrimination lawsuit.
What is Workplace Discrimination?
Workplace discrimination is a complex and pervasive issue that occurs when individuals are treated unfairly or unequally in a work environment based on specific characteristics or attributes. These characteristics may include race, religious creed, color, national origin, disability, age, marital status, sexual orientation, gender, or military service liability. In the state of New Jersey, addressing and preventing workplace discrimination is a significant focus, with the New Jersey Law Against Discrimination (LAD) serving as a crucial legal framework to safeguard employees from unjust practices.
The New Jersey Law Against Discrimination (LAD) is a comprehensive piece of legislation designed to protect workers from discrimination in various aspects of employment. This law explicitly prohibits employers from engaging in discriminatory practices based on the specified characteristics. The aim is to create a workplace environment that is inclusive, fair, and free from prejudice, fostering a culture where individuals are judged on their skills, qualifications, and contributions rather than factors beyond their control.
What to Expect in a Workplace Discrimination Claim
Now that you know a bit more about workplace discrimination and the laws that make it illegal, it’s time to consider what goes into a lawsuit. Engaging in a workplace discrimination lawsuit can be a daunting endeavor, so here are some important parts of the process to learn about:
Knowing if You Have Grounds For a Claim
The first and foremost step in determining if you have grounds for a workplace discrimination claim is recognizing discriminatory behaviors. Discrimination can manifest in various forms, targeting individuals based on characteristics such as:
- Race: Unfair treatment due to race, ethnicity, or color.
- Religious Creed: Discrimination based on religious beliefs or practices.
- Gender: Unjust actions related to gender, including sexual harassment.
- Disability: Unlawful treatment of individuals with physical or mental disabilities.
- Age: Discrimination against individuals based on age, especially in hiring or promotions.
- Sexual Orientation: Unfair treatment due to one’s sexual orientation.
- National Origin: Discrimination based on a person’s country of origin or nationality.
Being vigilant about discriminatory behaviors involves recognizing subtle cues, patterns, or explicit instances of bias or prejudice directed toward an individual or a group. It’s crucial to document these occurrences, noting dates, times, locations, and individuals involved, as such records can serve as crucial evidence later in the claims process.
Reasons to Have Legal Representation for a Workplace Discrimination Lawsuit in NJ
Navigating a workplace discrimination lawsuit is complex, making legal representation crucial. In New Jersey, where the Law Against Discrimination (LAD) provides extensive protection, hiring an employment lawyer offers several key advantages:
- In-Depth Legal Knowledge: Employment lawyers understand NJ’s employment laws, ensuring your case is legally sound and up-to-date.
- Viability Assessment: Professionals assess your case’s viability, considering evidence strength, legal precedents, and potential success, aiding informed decision-making.
- Administrative Process Guidance: Lawyers navigate administrative processes with agencies like the DCR or EEOC, ensuring compliance and professional interactions.
- Thorough Case Preparation: Lawyers assist in evidence gathering, witness interviews, and documentation preparation, anticipating opposing arguments.
- Negotiation and Mediation Skills: Lawyers excel in negotiation and mediation, facilitating fair resolutions without lengthy litigation.
- Representation in Formal Proceedings: In hearings or trials, lawyers provide persuasive representation, handling legal complexities effectively.
- Rights Protection: Advocates ensure protection against intimidation or retaliation, maintaining your professional standing.
- Review of Settlement Agreements: Lawyers review settlements, ensuring fairness, legality, and adequate protection of your rights.
- Cost-Efficient Resolution: Despite costs, legal representation streamlines the process, potentially leading to faster, cost-effective outcomes.
- Emotional Support: Lawyers offer not just professional guidance but emotional support, understanding the challenges you face.
Time Deadlines
In the realm of workplace discrimination cases, time is a crucial factor that can significantly impact the success and viability of a claim. Depending on where the claim has been filed, your case will have a strict time limit.
New Jersey Division on Civil Rights (DCR) Deadlines
When considering filing a workplace discrimination claim in New Jersey, individuals must be aware of the strict time limits set by the New Jersey Division on Civil Rights (DCR). The DCR enforces the state’s anti-discrimination laws and provides a venue for individuals to address grievances related to discriminatory practices. The primary deadline to keep in mind is the requirement to file a claim within 180 days of the alleged discriminatory incident.
This 180-day window serves as a critical timeframe during which individuals must initiate the process by submitting a complaint to the DCR. It is essential to note that this deadline is calculated from the date of the discriminatory act or the last occurrence of such behavior. Failing to meet this deadline may result in the loss of the opportunity to pursue a claim through the DCR.
Federal Equal Employment Opportunity Commission (EEOC) Deadlines
Alternatively, individuals may choose to file a workplace discrimination claim with the federal Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal anti-discrimination laws and collaborates with state agencies, including the DCR, to address discrimination claims. In the case of filing with the EEOC, the time limit is generally 180 days from the date of the alleged discrimination.
However, individuals in New Jersey have an extended deadline of 300 days if the claim is cross-filed with both the EEOC and the DCR. This extended timeframe provides an additional 120 days beyond the standard deadline for individuals to initiate the process. This collaborative approach between the EEOC and state agencies aims to streamline the claims process while ensuring that individuals have ample time to seek redress.
Can I Have an Attorney Pursue a Claim in Court in NJ?
If the administrative resolution fails, pursuing a discrimination claim in court becomes an option. New Jersey law, not limiting compensatory and punitive damages, often prompts attorneys to file cases in state court. A “Notice of Right to Sue” from the EEOC is required for federal claims, with a 90-day filing deadline. For state claims, a lawsuit must be filed within two years of the alleged discrimination. These deadlines, known as the “statute of limitations,” are crucial, and individuals must adhere to them to preserve their ability to pursue a discrimination case.
Looking for an Employment Lawyer in NJ?
Workplace discrimination is a complex issue requiring careful consideration and timely action. With strict deadlines, legal guidance becomes indispensable. Swartz Swidler’s employment lawyers in New Jersey offer guidance and support, ensuring a robust response to workplace discrimination challenges. Act promptly, preserve your rights, and seek professional assistance for a fair resolution by calling 856-685-7420 or by filling out the contact form.
