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Understanding Workplace Discrimination Laws in New Jersey: A Guide to Your Rights

Workplace discrimination remains a critical issue for employees across New Jersey. While federal laws provide a baseline for protection, New Jersey’s state laws often go further in safeguarding workers from unfair treatment. Whether you’re an employee or employer, understanding these laws is essential to fostering a fair and equitable workplace.

What Constitutes Workplace Discrimination?

Workplace discrimination occurs when an employee is treated unfairly or unequally based on characteristics such as race, gender, age, religion, disability, or sexual orientation. Discrimination can take many forms, including:

Hiring and Firing: Refusing to hire or unfairly terminating an employee based on a protected characteristic.
Pay Disparities: Unequal pay for equal work due to gender or other discriminatory factors.
Promotion Denials: Blocking career advancement opportunities due to bias.
Hostile Work Environment: Creating or allowing an environment where harassment or discriminatory behavior thrives.

Protections Under Federal Law

Federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) provide important protections against workplace discrimination. These laws prohibit employers from making decisions based on race, color, national origin, religion, sex, age (40 and older), disability, and genetic information.

New Jersey’s Law Against Discrimination (LAD)

The New Jersey Law Against Discrimination (LAD) expands upon federal protections and covers additional characteristics, including:

Sexual orientation
Gender identity or expression
Marital status
Domestic partnership or civil union status
Military service
Source of lawful income (e.g., housing assistance)

Unlike federal law, the LAD applies to all employers, regardless of size, whereas federal laws often apply only to employers with a minimum number of employees.

Filing a Discrimination Claim

If you believe you have been discriminated against in the workplace, you can file a claim with either the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC). Here’s how the process works:

Gather Evidence: Document incidents, including dates, times, locations, and any witnesses.
File a Complaint: Submit a claim to the DCR within 180 days or the EEOC within 300 days of the discriminatory act.
Investigation: The agency will investigate your complaint, which may include interviews and document reviews.
Resolution: If discrimination is found, remedies may include compensation, job reinstatement, or policy changes at your workplace.

Remedies Available to Victims

Victims of workplace discrimination in New Jersey may be entitled to several remedies, such as:

Back pay and lost wages
Emotional distress damages
Punitive damages in severe cases
Legal fees and costs

How Employers Can Ensure Compliance

Employers can take proactive steps to prevent discrimination, including:

Training Programs: Implement anti-discrimination training for all employees and management.
Clear Policies: Establish and enforce policies that promote inclusivity and provide mechanisms for reporting discrimination.
Regular Audits: Periodically review hiring, pay, and promotion practices to ensure fairness.

Final Thoughts

Workplace discrimination can have devastating effects on employees and create legal liabilities for employers. Understanding the protections under New Jersey’s LAD and federal laws is the first step in addressing and preventing discrimination.

If you believe you have experienced workplace discrimination or need guidance on compliance, the skilled attorneys at John J. Zidziunas & Associates are here to help. With over 19 years of experience, they are committed to protecting your rights and ensuring justice in the workplace.

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Understanding Workplace Discrimination Laws in New Jersey: A Guide to Your Rights