- New Jersey Sexual Harassment Lawyer
- New Jersey Retaliation Lawyer
- New Jersey Family and Medical Leave Lawyer
- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
EMPLOYMENT
PROTECTING EMPLOYEES IN THE WORKPLACE
New Jersey has instituted several laws that are used to protect employees from workplace discrimination. Employment discrimination can occur for a variety of reasons, like age or race discrimination.
An employee’s rights and abilities should not be questioned simply because they are a certain race, because they are older than other employees, or because they possess other traits that are not related to job performance. If you or a family member was a victim of employment discrimination in New Jersey, you should speak with an experienced Essex County, New Jersey employment lawyer today.
Workplace discrimination lawyer Usmaan Sleemi will work tirelessly to help you fight against unfair and illegal treatment by an employer or your coworkers. He has extensive experience in dealing with various types of employment discrimination cases in New Jersey. To schedule a free consultation for your employment discrimination case, call 973-866-9415 or reach the Law Offices of Usmaan Sleemi online.
Our employment law attorneys handle a wide range of employment law matters for New Jersey workers throughout Essex County and Northern New Jersey. Whether you are dealing with wrongful termination, sexual harassment, or wage and hour violations, our legal team is here to help. We understand how important fair treatment at work is, and we are committed to protecting employee rights under both state law and federal law.
TYPES OF EMPLOYMENT DISCRIMINATION
Employment discrimination can be separated into several different categories. These categories include race, color, age, sex, pregnancy, gender identity, disability, and many other types of discrimination that an employer may use to undermine your employment rights.
New Jersey’s Law Against Discrimination (LAD) provides protections for employees who are subjected to intentional workplace discrimination because of one or more of the traits listed above. The LAD also offers protections for prospective employees who are engaged in the hiring process. In addition to the LAD, numerous federal laws prohibit various types of discrimination in the workplace.
Discrimination can take many forms. It does not always look the same. Some workers face hostile work environment conditions where daily harassment makes it impossible to do their job. Others are passed over for promotions or fired for reasons tied to their national origin, sexual orientation, domestic partnership status, or military service. Under Title VII of the Civil Rights Act and New Jersey law, these actions are prohibited.
Race Discrimination
As mentioned above, racial discrimination is one type of employment discrimination issue. An employer who uses an individual’s race to make hiring decisions or to determine job responsibilities has taken part in employment discrimination. Additionally, if an employer allows coworkers to make derogatory comments or actions toward the victim, they can potentially be held liable for employment discrimination.
Age Discrimination
Age discrimination is another type of employment discrimination. When discussing age discrimination, it is important to remember that age discrimination can happen to a worker who is older or younger than his or her coworkers.
This type of discrimination typically occurs when an employer commits actions that alienate an employee because of their age. For example, age discrimination often occurs when an employer institutes a policy designed to force an employee into retirement. There are some instances where an employer can legally deny hiring an individual because of their age, such as being too young to perform the job under labor regulations.
Other Examples of Workplace Discrimination
An employer that sets arbitrary employment requirements may be discriminating against qualified employees. For example, stating that an employee should be over a certain height may be employment discrimination if a shorter individual is capable of performing the job. However, certain circumstances may allow an employer to set specific employment qualifications.
The following list describes some examples of actions that can potentially trigger an employment discrimination claim:
- Demoting an employee because of their age
- Giving an employee an undesirable job assignment because of their race
- Terminating an employee’s position because they are pregnant
- Making derogatory comments regarding an employee’s sexual orientation
- Failing to provide reasonable accommodations for a disabled individual to apply for a position or complete job duties
Sexual harassment is also a form of workplace discrimination. It includes unwanted advances, offensive remarks, and conduct that creates a hostile work environment. Pregnancy discrimination is another area where employees often need help. Employers are not allowed to treat workers worse because they are pregnant or plan to take medical leave. These are all areas where our Essex County employment law firms have helped clients get results.
FILING AN EMPLOYMENT DISCRIMINATION LAWSUIT IN NJ
Before filing an employment discrimination lawsuit, you should attempt to resolve the discriminatory actions. This is because your employer may negatively impact your case if they can show that they were not aware of any discriminatory practices that were occurring. If your employer does nothing to resolve the discrimination, you should speak with an Essex County, New Jersey Employment Lawyer about filing a workplace discrimination lawsuit.
An employment discrimination lawsuit must be filed within two years of the date of the discriminatory act. The reason for this time limit is the statute of limitations, which dictates the amount of time a victim has to file a particular type of lawsuit. Failing to file before the deadline passes may result in the court barring your claim. However, depending on the circumstances of your case, there may be options available to extend your filing deadline.
Depending on the details of your case, you may need to file first with the Equal Employment Opportunity Commission or the New Jersey Division on Civil Rights before going to court. Some claims are filed in Essex County Superior Court, while others may be heard in district court or even federal courts. Our trial attorneys know which route is best based on the facts of your employment cases.
Various types of remedies may be available for a plaintiff who prevails in an employment discrimination lawsuit. These remedies can include:
- Receiving the position you were illegally denied (with back pay and interest)
- Having any employee benefits that were withheld returned
- Damages for emotional distress and pain and humiliation
Other Employment Law Matters We Handle
Employment law covers more than just discrimination. Our Essex County employment attorneys also assist clients with employment contracts, non-compete agreements, and restrictive covenants that may limit your ability to work after leaving a job. We also handle whistleblower claims under the Conscientious Employee Protection Act, which protects employees who report illegal activity by their employer.
Wage and hour violations are some of the most common issues New Jersey employment attorneys see. Workers have a right to be paid fairly and on time. This includes receiving at least the minimum wage and being paid properly for overtime. If your employer has shorted your pay, our Essex County employment lawyer team can help you recover what you are owed.
Employment law matters involving reasonable accommodations are also common. Employers must engage in an interactive process with employees who have a disability and provide reasonable accommodations unless they can prove undue hardship. A failure to do so is a violation of both New Jersey law and federal law.
Frequently Asked Questions About Employment Discrimination in New Jersey
What counts as employment discrimination under New Jersey law?
New Jersey law defines employment discrimination broadly. It includes treating a worker differently based on race, color, sex, age, disability, national origin, sexual orientation, domestic partnership status, or military service. Both the LAD and federal law, like Title VII of the Civil Rights Act and the Civil Rights statutes, offer protection. If an employer’s actions denied you fair treatment at work, you may have a valid employment law claim.
How do I know if I have a hostile work environment claim?
A hostile work environment exists when repeated harassment or offensive conduct makes it very hard for you to do your job. This can be based on race, sex, age, religion, or other protected traits. A single incident usually does not qualify, but ongoing behavior often does. Sexual harassment is one of the most common causes of these claims. If you believe your employee rights have been violated this way, speak with a New Jersey employment law attorney right away.
Can I sue for wrongful termination in New Jersey?
Yes. Wrongful termination happens when an employer fires someone for reasons that break the law. This includes being fired because of your race, age, disability, or for taking medical leave. It also includes being fired for reporting illegal activity, which is covered under whistleblower claims and the Conscientious Employee Protection Act. Our Essex County employment attorneys can review what happened and help you understand if you have a case.
What should I do about minimum wage or overtime violations?
Hour violations and minimum wage issues are more common than many people think. If your employer is not paying you correctly, you have the right to take action. Start by keeping records of your hours and pay stubs. Then contact an employment attorney as soon as possible. Many New Jersey employment lawyers handle these cases on a contingency basis, meaning you do not pay unless they recover money for you. Our Essex County Superior Court employment law team is ready to help.
ESSEX COUNTY EMPLOYMENT LAW ATTORNEY FOR WORKPLACE DISCRIMINATION CLAIMS
If you, your spouse, or a family member was a victim of employment discrimination in New Jersey, you should speak with an experienced Essex County, New Jersey employment Lawyer. Usmaan Sleemi is here to help you pursue your claim against employers who are engaged in discriminatory practices. To schedule your free consultation, call the Law Offices of Usmaan Sleemi at 973-866-9415, or contact us online.
New Jersey employment lawyers at our firm represent clients across Essex County and throughout Northern New Jersey. Our legal team handles all types of employment law matters, from employment contracts to full employment cases in court. We are trial attorneys who are not afraid to fight for you, whether that means negotiating a settlement or taking your case to Essex County Superior Court.
New Jersey employment law can be hard to understand on your own. Our employment law attorneys will explain your rights clearly and guide you every step of the way. We are one of the law firms in Essex County that handles both individual and workplace-level employment cases. Contact us today to schedule a free consultation with an Essex County employment lawyer who will fight for the results you deserve.