If you feel you are the victim of discrimination in the workplace, please call our office at (973)239-4400 or fill out our Contact Form and we will send you an Employment Questionnaire for you to complete that will help to determine if we can assist you in pursuing legal action against those responsible.
Employment Discrimination can take many forms, some of which include Race, Sex/Gender, Sexual Harassment, Disability/Handicap, and Age Discrimination.
The New Jersey Law Against Discrimination (NJLAD) protects against all of these forms of discrimination and is widely recognized as one of the most powerful and stringent anti-discrimination statutes in the nation. The NJLAD was enacted to completely eradicate discrimination in New Jersey workplaces.
Federally, Title VII of the Civil Rights Act of 1964 and other laws also cover many of these forms of discrimination including race, color, religion, sex or national origin.
This form of discrimination can be manifested on the basis of race, ethnicity, nationality, stereotypes or associations with people of a certain race of color and is prohibited under the New Jersey Law Against Discrimination (NJLAD). Federally, the law protecting against such discrimination falls under Title VII of the Civil Rights Act of 1964 and applies to employers with 15 or more employees. It also protects against a hostile work environment created through racial or ethnic slurs, jokes or derogatory comments or any other offensive workplace conduct based on race or color.
Sex or Gender Discrimination
The New Jersey Law Against Discrimination (NJLAD) makes it illegal for employers to discriminate in any aspect of employment on the basis of gender. It also prohibits employers from making employment decisions about employees based on gender stereotypes and assumptions. Other Federal laws prohibiting sex discrimination include Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963 and the Pregnancy Discrimination Act of 1978. Sex discrimination can also include bias based on sexual orientation, pregnancy, childbirth, marital status or parental status.
Sexual harassment is considered a form of sex discrimination and is therefore prohibited by the New Jersey Law Against Discrimination (NJLAD) as well as Title VII of the Civil Rights Act of 1964. According to the New Jersey Supreme Court’s seminal decision in Lehmann v. Toys ‘R’ Us, Inc., 132 N.J. 587 (1993), sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature and can fall into two categories:
1. Quid Pro Quo Sexual Harassment: Essentially “sexual bribery” (promising of benefits) and “sexual coercion”.
2. Hostile Environment Sexual Harassment: This occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact or offensive sexual materials as a regular part of the work environment.
Disability or Handicap Discrimination
The New Jersey Law Against Discrimination (NJLAD) protects against “handicap” discrimination, which is broadly defined to apply to a wide array of real and perceived medical conditions and/or disabilities. New Jersey courts have held that many types of conditions not necessarily covered under federal law, such as obesity, drug and alcohol addiction and health conditions under remission or that can be controlled through medication also qualify for protection.
The Americans with Disabilities Act (ADA) which applies to employers with 15 or more employees, also protects some of the same conditions. If an employee has a qualified disability covered under the ADA, the employer must reasonably accommodate that employee’s disability unless it would cause undue hardship to the employer. It also protects employees from discrimination based on association or relationship to disabled people.
The New Jersey Law Against Discrimination (NJLAD) protects against discrimination by employers on the basis of age. Typically, this type of discrimination is directed towards older workers. The NJLAD protects workers from discrimination irrespective of the size of the employer. Although it is more narrowly applied, the federal statute, the Age Discrimination in Employment Act of 1967 (ADEA), provides protection for certain employees who are 40 years of age or older.
For more information the various types of discrimination or the NJLAD, please visit the following links: