New Jersey Workplace Discrimination Attorney
It is illegal for your employer to discriminate against you because of your age, color, ethnicity, gender (sex), disability, pregnancy, religion, sexual orientation or certain other characteristics (“protected classes”). Specifically, under New Jersey, New York, and federal laws, employers are prohibited from firing, refusing to hire, demoting, refusing to promote, making compensation decisions, or taking other employment actions against employees based on these protected classes.
The workplace discrimination attorneys at Green Savits, LLC have extensive experience in federal and state trial and appellate courts representing victims of workplace discrimination attorney. As discussed in more detail below, a variety of statutes protect employees from employment discrimination attorney. For example, Title VII of the 1964 Civil Rights Act makes it illegal for employers to discriminate because of sex, race, color, national origin and religion.
Protected Classes
In addition to federal discrimination statutes, New Jersey employees receive broad protection from discrimination under the New Jersey Law Against Discrimination (“NJLAD”), which explicitly prohibits discrimination based on any of the following protected classes:
- Age
- Ancestry
- Color
- Disability
- Gender Identity or Expression
- Genetic Traits or Information
- Marital, Civil Union, or Domestic Partnership Status
- Military Service
- Nationality
- National Origin
- Pregnancy
- Race
- Religion
- Sex
- Sexual Orientation
The federal Age Discrimination in Employment Act (“ADEA”) outlaws workplace discrimination because of age. The Americans with Disabilities Act (“ADA”) makes it illegal for employers to discriminate against employees based on disability and requires employers to provide reasonable accommodations to employees with disabilities if it will enable them to perform the essential functions of the job. The Uniformed Services Employment and Re-employment Rights Act (“USERRA”) protects veterans from discrimination based on their military service.
The attorneys at Green Savits, LLC have extensive experience in federal and state trial and appellate courts representing victims of discrimination. Call (973) 965-8571 or contact our New Jersey employment law firm online for an initial evaluation of your case.
Discrimination Based On Membership In A Protected Class
Discrimination is only illegal if it is based on membership in a protected class. Although unfair, if your supervisor treats you differently from your co-workers because he/she is related to, friends with, or has a past history with them, he/she is not engaging in illegal conduct. Likewise, it is not discrimination if you are treated differently because your supervisor simply does not like you. However, certain personality traits are considered intimately linked to a specific protected class and discrimination based on these stereotypes may be illegal.
For example, discriminating against a woman who is perceived as being too aggressive may be illegal discrimination based on gender if male employees are not punished or ridiculed for similar aggressiveness. Similarly, discriminating against older employees based on the assumption that they will be unable to learn technology without giving them the training or opportunity may be age discrimination.
Adverse Employment Action
Employees have discrimination claims when their employer takes what is called an “adverse employment action” against them based on their membership in one or more protected classes. Termination, demotion, refusal to promote, and reduction in pay or benefits are common examples of adverse employment actions giving rise to claims of discrimination. It is also illegal for a potential employer to refuse to hire an applicant based on his or her membership in a protected class.
Proving Illegal Discrimination
There are two ways to prove illegal workplace discrimination: either by direct evidence or by circumstantial evidence. Direct evidence of discrimination exists when an employer actually says that the reason for taking an adverse employment action against their employee is because of the employee’s membership in a protected class. For example, if your employer states (orally or in writing), “I am firing you because you are a woman,” that statement is direct evidence of sex discrimination. Or if your employer tells you that he will not hire you because your disability will raise his insurance premiums, that is direct evidence of disability discrimination. However, employers rarely make statements like these when firing or taking some other employment action against their employees.
Thus, in the vast majority of cases, discrimination must be proven by presenting facts and circumstances that give rise to an inference of discrimination, also known as “circumstantial evidence.” The courts have devised complex evidentiary formulas to prove discrimination circumstantially and you should contact the attorneys at Green Savits to guide you through this complicated process. Simply stated, when an employee shows that the reason given by the employer for the employment action taken against him/her was not true, a jury may find that the employer’s motivation was illegal discrimination.
This is known as pretext. For example, when an employer claims that an employee in a protected class was terminated because his/her position was eliminated, but the employee can show that the position was not eliminated at all and that he/she was replaced by someone outside of the protected class, this is pretext and a jury may find that the real reason was discrimination. The attorneys at Green Savits have many years of experience proving such discrimination in these contexts.
Preserving Your Rights
If you believe you have been illegally discriminated against, you should contact an attorney as soon as possible to assess your claims. However, in order to ensure that you right to pursue court action is preserved, you should be aware of the various administrative requirements and time limitations associated with discrimination cases.
Federal Law: Procedures And Limitations
A New Jersey employee alleging discrimination in violation of Title VII, the ADEA, or the ADA must first file a complaint (called a “charge”) with the United States Equal Employment Opportunity Commission (“EEOC”). This charge must be filed within 300 days of the adverse employment action upon which the discrimination claims are based. After receiving the charge, the EEOC will investigate, possibly mediate, and make a determination on the merits of the charge.
Call Green Savits LLC for a Full Assessment
While this information provides an overview of rights and processes under discrimination law, there are many legal intricacies and strategic decisions that must be made in pursuing a legal claim.
Contact an attorney from Green Savits, LLC at (973) 965-8571 for a full assessment of your potential claims.
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Jon Green is a consummate high integrity legal professional who not only knows New Jersey employment law but knows how it works and how to work it. He is relentless and tenacious in his pursuit of justice for his client. He’s fearless and will consistently fight to get a fair settlement for you. He doesn’t back down. He’s a client-oriented attorney who listens carefully to his client so that he fully understands the case details and what your objectives are. If he doesn’t know or understand something you’ve said, he’ll ask you to explain further. He doesn’t assume anything. He’s very detail oriented. Jon will be fully engaged in your case and is best described as “all in” once the wheels of justice begin to turn. Jon also will tell you what you need to know not what you want to hear. He’ll give you the good news and the bad news. As the case twists and turns, Jon takes the time to explain it so you understand it and what ramifications it has for your case. Jon works with the client collaborating on strategies and next steps. I was referred to Jon by a corporate labor attorney who recommended Jon because “Jon has a game plan”. Once Jon knows all the details of your case he definitely will have a game plan. That said, he is open to the client’s opinions and is willing to take a different path that the client suggests if it makes sense and is beneficial to the case. Jon was always accessible and his staff and other partners were very helpful. After three and a half years the case was settled amicably out of court. In my opinion, you couldn’t have a better employee rights attorney fighting for you than Jon Green.- Ted S.
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Proven Results. Experienced Team. Personal Commitment.
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A History of SuccessOur attorneys have prevailed in landmark New Jersey Supreme Court cases, making a significant impact on employment law with decisions involving issues like pregnancy and religious discrimination, whistleblower retaliation, and more.
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Experienced Trial AttorneysWith a strong reputation for success, we bring the exerience and determination necessary to fight for your rights every step of the way.
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Leadership in Employee AdvocacyOur attorneys have influenced legislation for New Jersey workers and have successfully argued in eleven New Jersey Supreme Court cases on critical issues like pregnancy discrimination, whistleblower retaliation, and sexual harassment.
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Strength in Facing Powerful OpponentsWe don’t shy away from challenging large, well-resourced corporations. Our firm has successfully taken on Fortune 500 companies like AT&T, ExxonMobil, and Pfizer, achieving justice for our clients in the face of tough opposition.
