Your Employment Rights Under New Jersey Law
Under the New Jersey Law Against Discrimination (LAD), it is illegal for all employers, regardless of size, to discriminate against an employee or job applicant on the basis of:
- Religious creed
- National origin
- Physical or mental disability
- Sexual orientation
- Marital status
- AIDS or HIV status
- Genetic information
- Military service
- Gender Identity
Employment discrimination can affect anyone in the workplace and manifest in several ways, including:
- Refusing to hire a job applicant
- Wrongfully terminating an employee
- Discriminating against an employee or potential candidate regarding compensation or any other benefit of employment
If you believe you have been discriminated against based on your protected status, you need an experienced New Jersey employment discrimination attorney on your side. The sooner you contact our office, the sooner we can start prosecuting your case.
Types of New Jersey Employment Discrimination Claims Our Firm Handles
Discrimination in the workplace is not limited to hiring and firing and can present is any form of differential treatment. You may have a valid employment discrimination claim if there is proof that discriminatory actions, conduct, or commentary occurred in any phase of the employment relationship. In short, discrimination is prohibited in any aspect of employment in New Jersey. Unlike a federal claim, it is not necessary to file a claim with the NJ Division of Civil Rights (DCR) before filing a lawsuit in state court. Trust our experienced employment discrimination lawyers to protect your rights and make sure you are treated fairly in or out of the courtroom.
Employers are prohibited from discriminating against job applicants in any aspect of the hiring process, including recruitment, interviewing, hiring, and promoting. In short, all potential candidates with the same credentials should have equal opportunity for employment consideration.
Pay scales cannot be offered based solely on any protected characteristic under the LAD. Although there may be legitimate reasons for compensation differentials, pay discrepancies that are pervasive throughout a company among employees of the same protected class or trait (e.g. sex, race) may constitute discrimination.
Any benefits of employment offered to employees (e.g. paid time off, employer-sponsored health benefits, employee discounts, expense accounts) must be equally based on job level, not individual characteristics. Similarly, training programs must be offered on equal terms to all classes of employees at each level of employment.
New Jersey is an at-will state which means either party can terminate the relationship at any time for any reason or no reason at all. While employers have the upper hand when it comes to firing employees, a discharge based on a discriminatory reason is unlawful. Also, if severance pay is offered, it must be on equal terms without regard to any protected characteristic.
Why Choose Castronovo & McKinney to
Handle Your Employment Discrimination Claim
When you become our client, we will provide you with trustworthy advice and counsel so that you can make informed decisions about your options. Knowing that taking legal action against an employer is daunting, our team will stand by you every step of the way and make sure that your livelihood and reputation are protected.
Throughout our practice, we have also seen how employment discrimination can be disruptive to a business, and we work with clients to defend warrantless claims, as well as to establish policies and procedures designed to prevent workplace discrimination.
Our experienced employment lawyers are equally comfortable handling administrative proceedings before the DCR or trying cases in Superior Court. Though we prefer to resolve disputes through settlement negotiations, we prepare each case for trial in order to facilitate a resolution at the bargaining table. Above all, we will always work in your best interests and help you achieve a positive outcome, whether through negotiation, arbitration, or litigation.
Recoverable Damages in a New Jersey Employment Discrimination Claim
Although no two employment discrimination claims are alike, damages that may be awarded include:
- Back wages
- Front pay
- Lost benefits (e.g. health, retirement plans)
- Bonus payments
- Pain and suffering
- Emotional distress
- Attorneys’ fees/court costs
Equitable remedies requiring the employer to take specific action (e.g. reinstatement) may also be available. Given the challenges of pursuing or defending an employment discrimination claim, it is wise to work with a dedicated employment lawyer.
Contact Our Experienced New Jersey Employment Discrimination Attorneys
Whether you believe you have been subjected to workplace discrimination or your business is facing a meritless employment discrimination claim, you need the powerful representation Castronovo & McKinney, LLC provides. Contact us today to set up a consultation.