- New Jersey Sexual Harassment Lawyer
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- New Jersey Family and Medical Leave Lawyer
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EMPLOYMENT
EMPLOYMENT DISCRIMINATION OCCURS WHEN AN EMPLOYER ENGAGES IN UNLAWFUL BIAS AGAINST EMPLOYEE
Employment discrimination continues to be a major problem in New Jersey. Too many employers and companies make biased decisions when it comes to hiring, firing, and other employment practices, including failure to promote, failure to pay proper wages, and other violations of employee rights. In the ideal world, all employees would be judged solely on their skill and performance. Sadly, we have not yet reached that point, and many Americans still face discrimination in the workplace despite federal protections like the Americans with Disabilities Act (ADA) that are designed to protect employees and all Americans from workplace discrimination. If you believe you have suffered an adverse employment action due to discrimination, such as being passed over for promotion or experiencing wage violations, you have the right to sue your company for these violations. You should quickly retain an experienced lawyer’s help. The Law Offices of Usmaan Sleemi, LLC, recognized among the best lawyers by peers and professional organizations, are available to help employees file a discrimination charge and seek necessary compensation. Many clients have felt supported throughout the process, have been referred by others, and have achieved a favorable resolution with our help. Please contact our law firm today to schedule a free consultation.
Professional success should be determined by skill, ability, and job performance – not by an employee’s religious beliefs, physical appearance, or personal background. If you believe that you were demoted, fired, suspended, unfairly compensated, passed over for a promotion, turned down from a job, or excluded from receiving job-related benefits because of discrimination, your employer may have knowingly violated one or more employee protection laws. Discrimination can include failure to promote qualified employees or promoting others unfairly, causing significant harm to the employee’s life, career, and well-being. The law is designed to protect employees and victims from such harm.
If this describes your situation, you should review your legal options with an experienced employment attorney. Representing employees in wrongful termination lawsuits throughout the Northern New Jersey area, our Paramus employment lawyer is known for his track record of success in challenging cases and can fight aggressively to protect and exercise your rights under the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act of 1964, and other laws protecting workers. Our Jersey employment attorney takes proactive steps to level the playing field for employees against companies, representing both public and private sector employees. For a free consultation concerning employment law in New Jersey, call our law office immediately to speak with our employment law attorney. We also assist with New Jersey wage issues, helping employees address wage violations and assert their rights under state and federal law.
Employment Discrimination Under the Microscope
Employment discrimination covers different types of biased behavior at work. Our law firm has helped people who have suffered all types of discrimination, including:
- Disparate treatment. An employer or company will treat a worker unfairly because of the worker’s membership in a protected class. For example, they might fire, demote, fail to promote, or cut the pay of an employee because of her gender, sexual orientation, race, religion, or other protected characteristic. Evidence of discrimination can also include situations where less qualified employees are promoted over more qualified individuals from protected classes. The company’s failure to follow legal standards or address such violations can lead to legal claims.
- Disparate impact. Sometimes, employers or companies have general rules which impact one class of employees more heavily. A classic example is a job requirement that employees lift 50 pounds. This type of requirement is neutral on its face, but it might have a disparate impact by excluding more women than men from obtaining jobs. Any business practice or job requirement that has a disparate impact is illegal unless it is justified by business necessity, provided there is a valid business reason for the practice.
- Retaliation for engaging in protected conduct. An employer cannot take an adverse employment action because a person reported illegal conduct, filed a workplace discrimination complaint, talked freely about their pay and benefits, or engaged in other protected conduct.
- Refusal to provide accommodation. An accommodation is a change in a job that allows someone with a disability to perform the essential functions. For example, an employee with impaired vision might request a larger computer monitor, or someone might need to leave for regular doctor’s appointments. An employer should work with an employee to find a reasonable accommodation but doesn’t need to provide one that causes an undue hardship.
If you believe you have experienced discrimination, you have the right to sue your employer or company to prove discrimination and seek remedies for any violations of your rights.
NEW JERSEY AND FEDERAL LAWS AGAINST WORKPLACE DISCRIMINATION
Many people are already aware that it is unlawful to discriminate on the basis of:
- Age
- Disability
- Gender
- National Origin
- Race
- Religion (“Creed”)
- Sexual Orientation
Federal laws like the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect Americans, including those working in the public sector, by ensuring equal rights and access to reasonable accommodations and leave. These laws are designed to protect employees from a wide range of discriminatory practices in the workplace.
Unfortunately, these are among the most pervasive and frequently litigated forms of employment discrimination, not only in New Jersey but throughout the United States. What is also unfortunate is that there are many lesser-known, additional ways an employer can also discriminate against a current or potential employee. To provide several examples, other forms of employment discrimination may include:
- Discrimination based on a current or former domestic partnership or civil union.
- Discrimination based on a person’s gender identity or gender expression, such as identifying as transgendered.
- Discrimination based on a person’s genetic information, meaning “information about genes, gene products, or inherited characteristics.”
- Discrimination based on having an “atypical hereditary cellular or blood trait,” which includes cystic fibrosis trait, sickle cell trait, and Tay-Sachs trait.
- Discrimination based on pregnancy.
- Discrimination based on testing positive for HIV/AIDS.
Examples of Adverse Employment Actions
Some people assume that workplace discrimination cases only apply to people being fired. But the law protects workers in any aspect of employment, such as:
- Refusing to hire a job applicant who is qualified
- Failure to promote an employee or passing over an employee for a promotion, even when they are qualified to be promoted
- Cutting pay, failure to pay proper wages, or passing over an employee for a raise, including violations of New Jersey wage laws
- Denying employee training opportunities
- Moving an employee to a different location
- Demoting an employee
- Terminating an employee
- Refusing to provide a reasonable accommodation to an employee because of a disability
Discrimination can have a significant impact on the employee’s career and compensation, affecting their ability to advance, earn fair wages, and maintain job security.
You probably are not 100% sure you were discriminated against. After all, few employers admit to having an improper motive when it comes to employment decisions. We recommend that you carefully record all communications and contact our law firm.
Protected Classes & New Jersey Employment Discrimination
Both disparate treatment and disparate impact are illegal under New Jersey and federal law if they affect members of a protected class. A protected class is one based on:
- Race
- Gender or gender expression
- Pregnancy
- Sexual orientation
- Religion
- National origin
- Age
- Disability
The main anti-discrimination law in the United States is Title VII of the 1964 Civil Rights Act. However, other laws have expanded the anti-discrimination protection to more classes. A major law is the New Jersey Law Against Discrimination. These laws are also frequently interpreted by courts, which might expand the protected characteristics. Federal laws like the Americans with Disabilities Act (ADA) protect Americans, including those working in the public sector, ensuring that both public and private employees are covered. These protections are specifically designed to protect employees from discrimination and improve the lives of workers who may otherwise face unfair treatment in the workplace.
New legislation has also expanded protection from employment discrimination. For example, Title II of the Genetic Information Nondiscrimination Act of 2008 made it illegal to discriminate against employees or job applicants based on genetic information.
If you suspect unfair treatment, you should quickly contact our New Jersey employment discrimination lawyer for a free consultation.
The Complaint Process
The complaint process will depend on which law you are filing a complaint under. If you are bringing a claim under federal law, you file a charge with the Equal Employment Opportunity Commission (EEOC). In most cases, you must file a charge with the EEOC before you can file a lawsuit in federal court.
If you proceed under state law, you have the option of filing a complaint with the New Jersey Division on Civil Rights (DCR) or in Superior Court. Unfortunately, you cannot file in both at the same time.
Time limits apply. For the EEOC, you typically get 180 days to report discrimination, unless state or local antidiscrimination law also applies, in which case you typically get 300 days. These are short windows of time that pass quickly.
Once the EEOC receives your complaint, they will decide on next steps. They can request information from your employer and ask questions. They might even try to resolve the dispute by proposing mediation. If they find no discrimination, they will notify you, and you get 90 days to file a lawsuit. The process is designed to help employees achieve a fair resolution to their claims, whether through settlement, mediation, or further legal action.
Identifying where to file and which time limits apply is a confusing process for most people. Depending on your situation, you might benefit by filing immediately in court under the New Jersey Law Against Discrimination, whereas in other cases you might want to go through the administrative process. An experienced New Jersey employment discrimination attorney is a big help at determining the best course of action. Many clients are referred to our firm by other attorneys or satisfied clients, reflecting our reputation and trusted network. Our firm takes proactive steps to help clients prove their claims, even when direct evidence is limited, and works diligently toward a favorable resolution.
Compensation for Employment Discrimination
Holding an employer accountable for discrimination provides a well-deserved sense of justice. However, the primary purpose of filing a discrimination charge is to obtain compensation for damages suffered. Discriminatory behaviors and harassment can cause significant harm, including psychological, relational, and career-related damage. Achieving a favorable resolution is crucial to address this harm and help employees move forward.
Each case is different. When we meet with clients, we will discuss possible compensation for employment discrimination:
- Back pay
- Front pay
- Pain and suffering damages
- Emotional distress damages
- Attorneys’ fees
- Court costs
- Punitive damages
Compensation can play a vital role in helping restore stability to employees’ lives after experiencing discrimination.
You might also request equitable remedies, such as an injunction or job reinstatement. Please discuss your goals when meeting with your attorney.
NORTH JERSEY EMPLOYMENT DISCRIMINATION LAWYERS FOR EMPLOYEES
Employment discrimination can have dire financial consequences, not only for the victims who are directly impacted, but also any dependents or loved ones whom they are trying to support. Discrimination can severely affect an employee’s ability to care for family members, especially when time off is needed to address serious health conditions or welcome a new child. Multiple generations of an entire family can be plunged into financial hardship when a skilled employee, or well-qualified job applicant, is unfairly denied opportunities, compensation, or job benefits on the basis of his or her skin color, religious beliefs, sexual preference, country of origin, or other personal traits. The harm caused by such discrimination extends beyond finances, deeply impacting the lives of employees and their dependents.
If you suspect that bias, rather than actual performance or ability, was the reason you were fired, demoted, looked over, underpaid, or otherwise affected detrimentally, a New Jersey workplace discrimination lawyer can work with you to identify an efficient and strategic course of legal action. Legal support is crucial for the victim of discrimination, helping to address the emotional and financial impact and to fight for justice. Depending on the circumstances, you may have a claim under the Civil Rights Act, the New Jersey Law Against Discrimination, or other laws against employment discrimination.
Our Law Firm
At our New Jersey employment law firm, we are dedicated to providing exceptional legal representation to employees who have faced discrimination, unlawful retaliation, or other employment-related challenges. Our experienced employment attorney understands the complexities of federal anti-discrimination laws and the New Jersey Law Against Discrimination, and we are committed to helping victims who have been demoted, fired, or subjected to workplace bias. If you have concerns about your employment rights or believe your employer has violated the law, our team is ready to provide a free consultation and help you hold your employer accountable. We take pride in guiding employees through the process of proving discrimination and ensuring their voices are heard. Whether you are seeking justice after being fired or need advice on how to address workplace bias, our law firm is here to provide the support and legal representation you deserve.
Speak with a New Jersey Employment Discrimination Lawyer
Employment discrimination is inexcusable, and our law firm is proud to help workers demand respectful treatment. For more information, please call the Law Offices of Usmaan Sleemi to schedule a consultation at our Paramus, NJ office.