Jersey City Employment Law

Employment Lawyers (Workplace Rights) Helping Residents of Jersey City

Phillips & Associates is a plaintiff's employment law firm with a strong track record. We represent workers in matters related to discrimination, harassment, and retaliation, including Sexual Harassment and Race Discrimination among other issues. If you have been harmed by an employment decision based on your membership in a particular class, for example, our Jersey City employment attorneys may be able to help you sue for damages. Both federal and state laws prohibit employment discrimination, and each law provides different scopes of protection. It is important to retain an experienced attorney who can evaluate your situation and advise you accordingly.

Federal Employment Laws Protect Employees’ Rights

One federal law that prohibits discrimination, as well as harassment and retaliation, is Title VII of the Civil Rights Act. This law prohibits employment discrimination on the basis of national origin, sex, race, color, and religion. Discrimination in the workplace may include a wide range of adverse actions, including firing, termination, layoff, failure to pay benefits, failure to provide equal pay, and failure to promote. Harassment (Hostile Work Environment) is one form of discrimination. Retaliation is another form of discrimination. Under Title VII and N.J. State Law, retaliation occurs when an employee is punished for engaging in a protected activity, such as reporting discrimination to HR or to the Equal Employment Opportunity Commission (EEOC).

Sometimes employment policies seem neutral but have an outsized impact on a particular protected group. For example, policies related to how hair is to be worn might seem neutral but might have an adverse impact on African-Americans or various religions. When a seemingly neutral policy has a disparate impact, it may be discriminatory. However, when the policy meets an important business need that cannot be served by taking nondiscriminatory measures, it may be lawful. The employer must show that the policy or practice is job-related, that it is necessary for business, and that there are no effective alternative practices available. Our employment lawyers can assist Jersey City residents and employees with bringing disparate impact claims when appropriate.

The Americans with Disabilities Act (ADA) is another important federal law. It prohibits harassment, discrimination, and retaliation against disabled individuals. It also requires an employer to provide a reasonable accommodation to a qualified disabled individual who requests an accommodation, unless doing so would cause an undue hardship. Simply having an accommodation that is more expensive than what the employees believes it should provide is not enough to make the accommodation an undue hardship.

New Jersey State Laws Prohibit Discrimination in the Workplace

The New Jersey Law Against Discrimination, like Title VII, also prohibits discrimination on the basis of a mental or physical disability, including AIDS and HIV-related illnesses. You have the right to request a reasonable accommodation under state law as well. The state law applies to smaller employers, and the definition of disability is broader under the NJLAD than it is under the ADA.

The New Jersey Law Against Discrimination also prohibits discrimination on the basis of Race, Religion, Gender, Nationality, Pregnancy, Criminal History, and Age, as well as Sexual Harassment. Discrimination may include statements or actions that reflect a discriminatory bias or differential treatment because of your Race, Religion, Gender, Nationality, Pregnancy, Criminal History, and Age, as well as Sexual Harassment..

Unlike federal claims, claims brought under the New Jersey Law Against Discrimination need not be filed with an administrative agency first. The damages for state claims do not have a special cap based on the size of the employer.