New Jersey Discrimination
Whether you do not get a job because of a Race or you are passed over for a promotion because of your Gender, or are fired because of your Disability, discrimination may be challenging both emotionally and financially. Each of us has a right to be treated in a non-discriminatory way when it comes to job opportunities. At Phillips & Associates, our New Jersey employment discrimination lawyers provide aggressive and knowledgeable legal representation to employees who have been treated unfairly based on a protected characteristic.Bringing a Discrimination Claim
Federal and New Jersey laws prohibit discrimination on the basis of multiple protected characteristics. The main federal statute prohibiting discrimination in the workplace is Title VII. This law applies to employers that have 15 or more employees.
Protected characteristics under Title VII include national origin, religion, race, color, and sex. Although the law does not expressly state that gender identity or sexual orientation are protected characteristics, the federal agency charged with enforcing Title VII, the Equal Employment Opportunity Commission (EEOC), has stated that these characteristics are encompassed by the category of "sex" as a protected characteristic. Age and disability are other protected characteristics under federal laws, and different laws prohibit discrimination on the basis of them. Our employment discrimination attorneys can advise New Jersey employees on whether certain laws may cover them.
The New Jersey Law Against Discrimination is a comprehensive state anti-discrimination law. Protected characteristics under this law include national origin, nationality, ancestry, race, creed, color, sex, gender identity or expression, affectional or sexual orientation, family status, marital status, domestic partnership or civil union status, genetic information, atypical hereditary cell or blood traits, AIDS and HIV status, disability and perceived disability, and liability for military service. However, these do not all apply to workplace discrimination.
Discrimination happens when an employer takes a job-related action on the basis of a protected characteristic. The job-related action might involve recruitment, hiring, promotion, termination, compensation, or the terms and conditions of employment. In some cases, an employment practice or policy may seem to be neutral but disproportionately affect certain protected groups, and it may be a form of actionable discrimination.
To have a successful claim under the Law Against Discrimination, you would need to establish that you are a member of a protected class, that you were working up to your employer's legitimate expectations, that you suffered an adverse job-related action, and that either the adverse employment action was directly caused by your protected characteristic or you were replaced by someone who is not in your protected class. You only have two years to bring a claim under state law, and there is a narrower window within which to file a federal charge with the EEOC.Retain an Aggressive Employment Discrimination Lawyer in New Jersey
New Jersey is the 11th-most populated state in the nation. In the second half of the 20th century, its suburbs grew rapidly. It has one of the highest tax burdens in the U.S. If you believe that you have suffered from discrimination based on your membership in a protected class, the experienced New Jersey employment discrimination attorneys at Phillips & Associates may be able to counsel you and represent you in a lawsuit for damages. Contact us at (609) 436-9087 or through our online form to set up a free appointment with an employment lawyer. We help employees in cities such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties.