New Jersey Employment Law
At Phillips & Associates, our attorneys provide aggressive representation in the area of employment law. We have a strong record of success in claims based on workplace misconduct, assisting many people who have suffered from discrimination due to their membership in particular classes protected by federal and state laws. If you have been affected by workplace discrimination, retaliation, or harassment, our New Jersey employment lawyers may be able to represent you in a lawsuit for damages. Often, there is a short window of time within which to bring your claim, so it is crucial to consult an attorney as soon as possible about your options.Sexual Harassment and Workplace Discrimination Attorneys
Our discrimination lawyers can help workers bring claims under federal, state, and local anti-discrimination laws, such as Title VII of the Civil Rights Act and the New Jersey Law Against Discrimination (NJLAD). Employees are protected from discrimination in the workplace on the basis of their membership in protected groups, such as those defined by race, color, gender, age, disability, religion, or national origin. Discrimination may occur in many different forms, such as termination, a failure to promote, undesirable job assignments, reduced salary, a failure to provide training opportunities, or disparate treatment in the hiring process. Even if an employer does not explicitly discriminate, it may be held liable in many situations if it uses a policy that has a disparate impact on a protected group.
- Age Discrimination
- Disability Discrimination
- Nationality Discrimination
- Pregnancy Discrimination
- Race Discrimination
At Phillips & Associates, we recognize the harm caused by misconduct on the job. We are familiar with bringing claims based on wrongful termination or a hostile work environment, among many others. A hostile work environment means that conduct has occurred that would be offensive to a reasonable person in the employee’s position. The conduct must be either sufficiently severe or pervasive. In some cases, a hostile work environment may result in an employee feeling forced to leave the job, and it may result in physical or psychological harm. Our employment attorneys can help New Jersey residents seek the full range of remedies for the economic and non-economic damages that they have suffered.Sexual Harassment in the Workplace is Illegal
A widespread form of gender discrimination is sexual harassment, which is illegal under both federal and New Jersey laws. There are two common ways in which sexual harassment may occur: quid pro quo and hostile work environment. Quid pro quo sexual harassment occurs when an employer or supervisor conditions some aspect of the job on providing sexual favors. This might involve offering a promotion in exchange for sex or threatening to fire an employee unless they go on a date with the supervisor, for example. Hostile work environment sexual harassment occurs when the workplace is so permeated with sexually inappropriate comments, images, materials, or other conduct that a reasonable employee would feel that harassment is present.
Unfortunately, many employers in New Jersey and elsewhere still adhere to stereotypes that pregnant women or mothers will be less productive than other employees. In some cases, management may overtly or subtly try to push them out of their jobs while saying or hinting that they will not be able to perform their job duties because they are pregnant. Fortunately, the federal Pregnancy Discrimination Act and other laws prohibit this type of misconduct. Pregnant women may not be fired, laid off, or otherwise subjected to discrimination on the basis of their condition, and they have a right to reasonable accommodations for pregnancy-related medical issues.
- Pregnancy Discrimination
- Failure to Hire Based on Pregnancy
- Termination or Failure to Promote Based on Pregnancy
- Reasonable Accommodations for Pregnancy-Related Medical Issues
Workers who have been subjected to discrimination based on an actual or perceived disability may be able to pursue legal action against their employers. They also may be able to assert their rights if their employer has not provided them with a reasonable accommodation that they have requested to help them perform their job. Meanwhile, the Family and Medical Leave Act allows for unpaid leave when employees need to take time away from the job to handle important personal or family situations. New Jersey has instituted its own Family Leave Act (NJFLA) as well, which provides workers with additional protections.
If you are considering reporting misconduct at your job, you may be understandably worried about the possibility that your employer will retaliate against you. This is illegal under federal and state laws, but it still happens sometimes in the workplace. A retaliation claim may be brought in addition to an underlying claim based on discrimination, harassment, or other misconduct. Workers may seek additional remedies for retaliation if they can prove that their employer took an adverse action against them because they engaged in a protected activity. Our employment attorneys also can represent you in proceedings before the Equal Employment Opportunity Commission (EEOC) or in arbitration or mediation as needed.
New Jersey is a relatively affluent state that is home to many major industries, including shipping, science, pharmaceuticals, chemicals, and telecommunications. It has an extensive transportation system. If you are in need of a New Jersey employment attorney, the experienced litigators at Phillips & Associates may be able to help. We strive to obtain the greatest possible compensation for our clients. Contact us at (609) 436-9087 or through our online form to set up a free appointment if you need a sexual harassment lawyer or assistance with another type of employment claim. We fight workplace misconduct in Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington, and Camden Counties.
PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540