New Jersey Discrimination Lawyers – NJ Law Against Discrimination

By Thomas McKinney

Castronovo & McKinney, LLC’s New Jersey Discrimination Lawyers have handled hundreds of discrimination matter on behalf of clients. Discrimination is illegal in the workplace based on the New Jersey’s Law Against Discrimination.

In order for the discrimination to be illegal, our New Jersey Discrimination Lawyers will need to be able to demonstrate that you were discriminated against based on a protected characteristic. The characteristics that are currently protected pursuant to the New Jersey Law Against Discrimination are: race, color, nationality, age, disability, creed, national origin, ancestry, sex, pregnancy, domestic partnership, sexual orientation, perceived sexual orientation, civil union status, marital status, affectional orientation, gender identity or expression, genetic information, military service, or mental or physical disability, AIDS and HIV related illnesses and atypical hereditary cellular or blood traits. In the event that we cannot demonstrate that the discrimination was for one of the above listed protected characteristics, the discrimination may not be protected and therefore, not illegal under New Jersey law.

After we have demonstrated that the discrimination was based on a protected characteristic, we will look at whether the employer took an adverse employment action against you based on the protected characteristic. An adverse employment action is a termination, suspension, demotion, reduction in pay, reduction in duties or other action that alters your employment status. If you meet both the discrimination and adverse employment action requirements, you would have a possible claim under the New Jersey Law Against Discrimination.

Our New Jersey Discrimination Lawyers will explain the litigation process to you in detail. We will begin by serving a demand letter on your former employer explaining your allegations and requesting them to respond and try to resolve the matter. If the pre-suit settlement discussions are not successful, we will proceed with the filing of the complaint. The complaint will be served on the Defendant(s) and they will answer the complaint within 35 days of being served. The discovery period will then begin on your matter. Discovery lasts for 450 days and involves the exchange of written questions (interrogatories), exchange of documents, requests for admissions and deposition (wherein sworn testimony is provided by the witnesses). The trial will begin after the close of discovery. There may also be motions, including motions for summary judgment, to try and dismiss the case or have judgment entered.

Discrimination cases can be challenging to prove with direct evidence as most people who discriminate do not leave a “smoking gun” based on their knowledge of the discrimination laws. We typically prove cases of discrimination based on circumstantial evidence. Circumstantial evidence for discrimination cases is typically shown by demonstrating that members who were not part of the protected class were treated differently or more favorably than you. This type of evidence is equally probative as direct evidence. Therefore, we will spend a significant amount of time with you and the witnesses discussing how other people were treated in the workplace in order to show that you may have been illegally discriminated against.

Please contact one of our New Jersey Discrimination Lawyers for a free and confidential consultation.


About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.