Discrimination law has come a long way in New Jersey and in the U.S. overall. It is unlawful to treat employees differently based on their inherent traits, gender, age, and much more. Still, issues of employee discrimination persist even in the modern workplace. If you have been the victim of discrimination, hostile work environment, or other employer wrongdoing, you may have the right to file a workplace discrimination claim. Today, our workers’ rights attorneys will discuss what is considered workplace discrimination in New Jersey, what is not considered workplace discrimination, and what actions are available to victims.
Monmouth County, NJ Workers’ Rights Lawyers Define Workplace Discrimination
According to the New Jersey Office of the Attorney General, it is illegal for employers to discriminate against employees, prospective hires, or colleagues based on any of the following:
- Skin color
- Genetic Information
- Marital status, participation in a civil union, or participation in a domestic partnership
- Sexual orientation
- Genetic makeup
- Atypical blood trait or atypical cellular trait
A qualified Monmouth County workplace discrimination lawyer will understand that not all forms of discrimination are immediately apparent. For example, it is well known that there is a wage gap between men and women who perform the same work. This is not always because men and women are offered different salaries initially, but might be caused by women being passed over for pay raises, promotions, and so forth.
Red Bank Workplace Discrimination Attorneys Discuss When Not to File a Claim
There is no doubt that discrimination takes place in every day life, and this certainly extends to the workplace. However, being passed over for a job, a promotion, or a raise does not automatically entitle an employee to a workplace discrimination claim. This is where an experienced Red Bank workplace discrimination attorney can make all the difference for employees in need. It can sometimes be difficult to discern whether or not discrimination has played a role in a workplace dispute and even more difficult to prove that wrongdoing.
In order to file a successful workplace discrimination complaint, you and your attorney must be able to show that you were treated unfairly or differently based on one of the items listed in the previous sections. Your employer will likely refute your claims stating that your treatment was in line with your work, your merit, etc. It is important to collect concrete evidence of discrimination if at all possible.
What Options are Available if I Have Experienced Workplace Discrimination?
There are several options available to victims of workplace discrimination. All of the following steps are not required, but can be useful dependent on the nature of your circumstances.
- Speak to the offending party. This might be difficult and uncomfortable, but it is often possible to resolve issues of workplace discrimination simply by bringing it to the attention of your boss or employer
- File a formal complaint with your company’s HR department. If going directly to the source is unsuccessful, filing a complaint will open an investigation into your claims or discrimination. A properly run organization should take this process seriously and make inquiries into whether discrimination truly took place
- File a claim with the New Jersey Division on Civil Rights or the federal Equal Employment Opportunity Commission. State level claims must be filed within 180 days of the discriminatory action while federal claims must be filed within 300 days
- File a workplace discrimination lawsuit with the help of a qualified Monmouth County workplace discrimination attorney
Contact our West Long Branch Workers’ Rights Lawyers Today
The workplace discrimination attorneys of Chamlin, Rosen, Uliano & Witherington have extensive experience serving employees and employers throughout Monmouth County including towns like West Long Branch, Middletown, Red Bank, Freehold, Asbury Park, Howell, and all of Central New Jersey. Lean on our experience and intimate knowledge of state and federal employment law to protect your rights as a part of the New Jersey workforce. Discrimination and workplace harassment are extremely serious issues which we have successfully resolved for innumerable clients over 50 years of legal experience.
Please contact us online or through our West Long Branch, NJ offices by calling (732) 440-3950 today for a free and confidential consultation regarding your workplace dispute, workplace discrimination, and your potential legal actions moving forward.