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5 Indicators That You May Have Grounds For a Discrimination Lawsuit

Discrimination isn’t always overt. It may be veiled in claims of decreased productivity or other behavior. However, there are some red flags to look out for. Here are a few examples.

  1. A waitress is being continually advised to retire and soon begins receiving inferior shifts and table assignments. The waitress may have an age discrimination claim on her hands.
  2. A man is fired because he refuses to work on his Sabbath Day. If his employer does not make an effort to accommodate him through schedule swaps or other means, this could be religious discrimination.
  3. A woman requiring kidney dialysis is passed up for a promotion in favor of a woman with less experience. This can be considered discrimination under the Americans with Disabilities Act.
  4. A man was passed over for promotion in favor of a less qualified co-worker who happened to be having an affair with the hiring manager. Sexual favoritism could be construed as sex discrimination.
  5. An employer does not offer prescription contraceptives in its prescription plan as a benefit of employment. This can be seen by the courts as a violation of the Pregnancy Discrimination Act as it relates to pregnancy.

Of course, for as many incidents that might merit a lawsuit, there are even more that don’t. Only a qualified employment attorney can advise you on when to move forward. Contact the NJ employment lawyers of Deutsch Atkins & Kleinfeldt, P.C., to discuss your discrimination, whistle blowing, Family and Medical Leave Act, restrictive covenant, or other matter related to employee rights.

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Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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