Princeton Employment Law
Employees have the right to be considered on the merits of their work, rather than their membership in certain categories, such as Race, Religion, Gender (Sex), Nationality, Pregnancy, Criminal History, and Age, as well as being free of Sexual Harassment in the workplace. Unfortunately, not all employers follow the laws meant to protect employees from harassment or discrimination. If you feel that you have been harassed or discriminated against in the workplace, the Princeton employment attorneys at Phillips and Associates may be able to file a lawsuit on your behalf.Federal and State Employment Laws May Provide Remedies
There are many federal and state anti-discrimination laws that employers should follow. Among the main federal laws that prohibit discrimination are Title VII, the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), and the Age Discrimination in Employment Act (ADEA). The federal Family Medical Leave Act (FMLA) may also provide for job-protected leave for 12 weeks for eligible employees. Generally, you may not be subjected to retaliation or harassment for complaining about workplace discrimination or because you took medical leave as a reasonable accommodation for a disability or pregnancy or for taking FMLA leave. .
The primary state law that prohibits workplace discrimination is the New Jersey Law Against Discrimination (NJLAD). This law prohibits discrimination on the basis of Race, Religion, Gender (Sex), Nationality, Pregnancy, Criminal History, Age, as well as marital status, sexual orientation, gender identity or expression, or Sexual Harassment. Discrimination may include differential treatment, as well as comments or conduct that reflect an animus or bias towards your protected class.Discrimination Based On Employment Policies
More importantly, employment practices and policies that may seem neutral may still be unlawful if they have an adverse impact on a protected group of people. For example, a hiring requirement that job applicants be of a certain height might disproportionately affect women and certain minorities. If a disparate impact is shown, the employer will need to show that the policy or practice meets an important and legitimate business need that would not be addressed though an alternative, nondiscriminatory practice or policy. Our employment lawyers can help Princeton employees bring a disparate impact claim if needed.
The damages that you may recover depend on which law you are using as the basis of your claim. Federal laws enforced by the Equal Employment Opportunity Commission (EEOC) have tiered damages caps based on the size of the employer. There are no analogous caps under the New Jersey anti-discrimination law.
Even if you turn out to be wrong about the discrimination, you have the right to report what you believe in good faith is discriminatory to HR or the EEOC. Complaining about harassment or discrimination in good faith is considered a protected activity under anti-discrimination laws. Your employer may not retaliate against you for filing a charge or complaining about discrimination in good faith. Retaliation may take various forms, including a termination, a failure to promote, or a failure to provide benefits.Contact an Employment Attorney in the Princeton Area
Founded before the American Revolution, Princeton is probably best known for Princeton University. However, it is also home to many other institutions and corporations, including Bristol-Myers Squibb, Opinion Research Corporation, Dow Jones & Company, Siemens Corporate Research, and the Princeton Plasma Physics Laboratory. If you believe that you may have been discriminated against or harassed in your workplace, the Princeton employment lawyers at Phillips & Associates may be able to counsel you and represent you in a lawsuit for damages. Contact us at (609) 436-9087 or via our online form for a free appointment with a discrimination or sexual harassment attorney. Our employment lawyers help people in communities, such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties.