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Discrimination

Discrimination Claims Under New Jersey and Federal Law

Discrimination in the workplace is not only unethical but also illegal under both New Jersey and federal law. These laws are designed to protect employees from unfair treatment based on specific protected characteristics. This article outlines the types of discrimination claims, offers guidance for employees on preparing their case, describes the EEOC and litigation process, and explains how an employment lawyer can help ensure a successful outcome.

Types of Discrimination Cases

Discrimination can manifest in various forms in the workplace, with laws in place to protect against different types of unfair treatment, including:

  • Age Discrimination: Protected under the Age Discrimination in Employment Act (ADEA), which safeguards employees aged 40 and older from discrimination based on age in hiring, promotion, dismissal, compensation, or terms of employment.
  • Race Discrimination: Prohibited under Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate against employees on the basis of race, color, or national origin.
  • Gender Discrimination: Also covered by Title VII, which includes discrimination based on sex, pregnancy, gender identity, and sexual orientation.
  • Disability Discrimination: Governed by the Americans with Disabilities Act (ADA), this protects employees with disabilities from discrimination and mandates reasonable accommodations in the workplace.
  • Religious Discrimination: Employers are required under Title VII to accommodate the religious practices of employees unless doing so would impose an undue hardship on the business.

Tips for Employees Preparing a Discrimination Case

Employees who believe they have been subjected to discrimination should take several steps to strengthen their case:

  • Document Incidents: Keep a detailed record of all discriminatory remarks, decisions, emails, or actions that contribute to a hostile work environment or unfair treatment.
  • Report Discrimination: Use the employer’s internal systems to formally report discrimination. This not only formally notifies the employer but also documents that the issue was serious enough to warrant a formal complaint.
  • Collect Evidence: Gather any relevant documents such as emails, witness statements, and a copy of the company’s anti-discrimination policies.
  • Consult with an Employment Lawyer: Early legal advice can be crucial. An attorney specializing in employment law can offer strategic advice and help navigate through the complex legal landscape.

The EEOC and Litigation Process

For most types of discrimination cases, the first step involves filing a charge with the Equal Employment Opportunity Commission (EEOC) or a corresponding state agency like the New Jersey Division on Civil Rights:

  • Filing a Charge: This should be done within 180 days from the day the discrimination occurred.
  • Investigation: The EEOC will investigate the allegations, which may involve reviewing documents submitted by both parties and conducting interviews with relevant witnesses.
  • Resolution: If the EEOC finds evidence of discrimination, they will try to reach a voluntary settlement. If no settlement is reached, they may sue the employer or issue a “right to sue” letter to the complainant, allowing them to file a lawsuit in federal court.

Role of Employment Lawyers in Discrimination Claims

An employment lawyer plays a crucial role in effectively managing a discrimination claim. Their expertise includes:

  • Assessing the Claim: Determining the strength of the case based on evidence and the specifics of the law.
  • Navigating the EEOC Process: Assisting with the preparation of the charge, representing the employee during EEOC proceedings, and negotiating settlements.
  • Litigation: If the case proceeds to court, the lawyer will handle all aspects of litigation, from filing the lawsuit to representing the employee in court, advocating on their behalf to achieve a fair outcome.

Conclusion

Discrimination claims require a comprehensive understanding of complex legal standards and procedures. For employees who face discrimination, securing a knowledgeable employment lawyer can make the difference between a dismissed claim and a successful resolution. Such legal support is indispensable in navigating the intricacies of both New Jersey and federal anti-discrimination laws, ensuring that employees receive the protection and justice they deserve.