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Workplace Discrimination

According to New Jersey state law, workplace discrimination is illegal. These laws are enacted to protect workers from unfairly losing income because of discrimination. A person’s career should never be endangered because of someone’s prejudiced view of race, gender, sexual orientation, religion, disability or age. Besides protecting you from losing employment, these laws are also in place to ensure that you receive equal job opportunities.

Understanding Workplace Discrimination

New Jersey state law has specified certain protected groups and attributes for which you cannot be discriminated against in the workplace. Under New Jersey workplace discrimination law, some of the common protected traits are as follows:

  • Race, religion, color
  • Nationality, national origin, ancestry
  • Age
  • Gender (this includes pregnant women)
  • Marital status, domestic partnership, civil union status
  • Sexual orientation, gender identity or expression
  • Mental and physical disability

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Why Should You Hire Attorneys For Workplace Discrimination Cases?

Do not hesitate to call your attorney if you believe you have been discriminated against in the workplace. Everyone deserves the right to work without discrimination. Prevent your employer’s prejudices from affecting your career and stop discrimination for future employees by hiring your attorney to see what could be done with this issue.

Common FAQs About Workplace Discrimination

What to expect in a workplace discrimination lawsuit?

First off, we would have to determine if there is sufficient evidence to suggest workplace discrimination by your employer. We also have to ascertain what protected traits you might have and the adverse employment action that was made against you.

Secondly, a demand letter would be made to your employer. This letter would outline the charges made against them and demands for the issue to be resolved. Once this issue has been resolved, we will work on your behalf to negotiate a settlement.

If unresolved, the subsequent step to take is to file your complaint. Once the complaint has been filed, your employer has up to 35 days to answer your complaint before discovery begins. Discovery can include interviews, documents and depositions that would help aid in the trial. Be prepared for thorough questioning from your attorney and the defense lawyers during the discovery process and resulting in trial.

What are the different types of workplace discrimination?

Types of discrimination include unequal job opportunity, different payment scales, differing privileges and severance packages offered because of a protected trait that one may have.

What is the statute of limitation for discrimination cases?

Under the New Jersey Law Against Discrimination (NJLAD), it requires you to file the complaint within two years of the qualifying event. We advise you to contact your attorney to discuss your claims as soon as the incident occurs.

What type of evidence can be used against your employer?

Direct and circumstantial evidence can be used in court to defend your claims.

What are the differences between federal and NJLAD?

While similar in nature, the NJLAD provides a broader scope of protection offered by the federal government. This has been done by encompassing additional protected traits and forbidding discrimination in more forms.

Areas of Expertise

In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.

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Choose Carcich O'Shea, LLC For Experienced Employment Law Attorneys

Carcich O’Shea, LLC is dedicated to bringing justice to your situation. We listen to your situation and provide the best possible way to get a settlement from your claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will manage your case from beginning to end.

If you have more questions about our legal expertise in employment litigation, feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to  carcichoshea@gmail.com .

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