Workplace Discrimination

We fight against WORKPLACE discrimination.

It is illegal for New Jersey employers to discriminate against any employee based on:

• race or color;

• religion or creed;

• national origin, nationality, or ancestry;

• sex, pregnancy, or breastfeeding;

• sexual orientation or perceived sexual orientation;

• gender identity or expression;

• disability;

• age;

• marital status;

• and other protected categories ***

Workplace discrimination can have lasting impacts on mental health and career projection. Speak with an experienced employment attorney concerning workplace treatment to determine whether your rights are being violated.

What does discrimination look like in the workplace?

Workplace discrimination can take many forms. Below are a few examples of circumstances that violate workplace anti-discrimination laws:

• Failure to provide reasonable accommodations for a disability;

• Harassment or use of slurs based on any protected characteristic;

• Refusing to hire, promote, or provide training opportunities based on a protected characteristic;

• Unequal pay based on a protected characteristic; or

• The termination or demotion of employment based on protected characteristics.

What is retaliation?

Retaliation occurs when an employer takes an adverse employment action against an employee because the employee reported workplace discrimination and/or harassment.

An example of retaliation includes telling a supervisor that you heard a co-worker make a homophobic comment. Retaliation occurs if your supervisor then demotes you or terminates your employment because the supervisor claims you are a “problematic” employee. It is illegal for a New Jersey Employer to retaliate against an employee for reporting discrimination and/or harassment.

Employers HAVE A Duty to StOP WORKPLACE Discrimination and harassment

It may be necessary for an employee to make a complaint to the employer before the employee can successfully assert a claim against the employer. In Aguas v. State of New Jersey, 220 N.J. 494 (2015), the New Jersey Supreme Court recognized that an employer may have an affirmative defense to an employee’s workplace harassment claim even if the employee proves that the employee was subject to a hostile work environment based on a protected characteristic. Employers must have effective anti-harassment and anti-retaliation policies to protect employees from workplace discrimination and harassment.

Don’t wait until you are out of a job. Speak with an experienced employment attorney to understand your rights.