In New Jersey and throughout the United States, employers are prohibited from engaging in unlawful discrimination against employees. Several different anti-discrimination laws are in place on the federal and states levels, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title I of the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, the New Jersey Law Against Discrimination (LAD), among many others.
If you are harassed on the job, are suffering from discrimination, or are experiencing a hostile work environment, you do not have to endure such deplorable conditions alone or in silence. We are committed to help you. Because there are so many different laws and regulations involved in employment discrimination cases, and because these cases are very factual these claims can be complex and sometimes challenging to prove. We know how to protect the rights of victims of unlawful workplace discrimination. Before you step foot in our office (or any other attorney’s) we suggest that you prepare a written detailed private diary outlining the dates of each incident of harassment and any co-workers or other individuals who were a witness to each. Also, write down the names of any other current or former employee who may have also been subject to such unfair treatment in the workplace as we can use that to show a pattern of bad behavior by your employer. Lastly, be prepared to review with us any written warnings or violations that your employer has alleged against you so that we can evaluate the merit of such allegations together. We find that many employees – at risk of losing their livelihood– let employers treat them badly way too long. That is unfortunate and unnecessary. We don’t charge for a consultation and stand ready to help you. Once you have the information requested above, call us and we will promptly meet with you and guide you as to your rights.
Have You been the Victim of Unlawful Discrimination?
Though you may feel that your employer acted wrongfully, their actions may not also rise to the level of prohibited discrimination under the law. In order to recognize whether you have been a victim, it helps to understand what actions constitute unlawful workplace discrimination. There are two main requirements to proving a discrimination claim: (1) that your employer engaged in discriminatory actions (2) based on your actual or perceived membership in a protected class. If you think that sounds complex, you are right, as proving that discrimination occurred can involve in-depth legal analysis and significant factual evidence.
First, there can be a wide range of discriminatory actions at issue in these cases, including the following:
- Making unlawful inquiries during the application and hiring process
- Refusal to hire someone
- Demotion or refusal to promote
- Decrease in pay or refusal to increase pay
- Having policies that discriminate against certain employees
- Retaliation against an employee who complains of potentially discriminatory actions
Second, you must then prove that the discriminatory action was based on one or more factors that are protected by law, which in New Jersey include the following:
- National origin
- Genetic information
- Atypical hereditary cellular or blood trait
- Physical or mental disability
- Sex (including pregnancy)
- Marital status
- Civil union or domestic partnership
- Gender identity or expression
- Sexual orientation
- Military service
- AIDS or HIV diagnosis
Bring us the facts, let us apply the law and we will guide you to the best available outcome for your situation.
Signs of Discrimination in the Workplace
Despite all of the many laws against workplace discrimination, some employers and managers have biased views and may not take the laws seriously. It is never pleasant to work in a discriminatory atmosphere and you should always look out for signs that unlawful discrimination is taking place, which can include:
- The application or interview involves suspicious questions or inappropriate comments about race, religion, sex, or other protected factors;
- Owners, managers, or other superiors make inappropriate comments or allow employees to do so;
- There is a generally demeaning tone to conversations with certain superiors;
- Employers allow discriminatory jokes or comments about stereotypes;
- Members of certain classes are isolated or only assigned to certain work duties;
- There is a high turnover of employees or low morale among employees because of the way they are treated;
- There is a lack of a diverse workforce;
- An employer does not take complaints of possible discrimination or harassment seriously.
In some cases, discrimination will be overt and immediately recognizable, such as a manager ridicules an employee for their race or religion and then fires them. In other cases, discrimination may not be as apparent, such as a racially different employee being consigned to unfavorable hours or duties and employees may be victims for an extended period of time without realizing their rights, or because they are afraid of asserting their rights. The law is there to protect you. So are we, call us if you feel like you are a victim of discrimination in the workplace.
Hire an Employment Discrimination Attorney
If you suspect or know you have been a victim of unlawful discrimination in the workplace, you should not delay in calling an experienced employment discrimination lawyer as soon as possible. We will listen to your situation and advise you whether your rights have been violated by your employer. If so, the next actions can depend on different factors. For example, if you have already been wrongfully terminated for discriminatory reasons, we can seek damages for back pay, emotional distress, and other losses you suffered due to the discriminatory actions. If you are still working and plan to keep working for that employer, we can take other steps to help ensure the discrimination stops.
Contact Our Experienced New Jersey Employment Discrimination Attorney Today
At Salomon & Aquino, LLC, we firmly believe that every discriminatory employer should be stopped and held accountable for their wrongful actions. We are committed to standing up and fighting for the rights of victims of discrimination, so please call today at (973) 278-1124 for a FREE no cost consultation to learn more about how we can help you.