Discrimination in the workplace is prohibited by state and federal law. However, proving unlawful discrimination is a complex undertaking. Overt evidence is rare and few employees willingly testify against their employers. Cases often must be proven by inference and circumstantial evidence. The New Jersey discrimination lawyers at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack provide strong advocacy for employees whose discipline or termination may have been in violation of law. Through negotiations, mediation, arbitration and litigation, we help them obtain legal remedies for the harm they’ve suffered.
The New Jersey Law Against Discrimination (NJLAD) and federal laws prohibit employers from making hiring, firing, promotion, work assignments and other work-related decisions based on protected characteristics that include:
If you believe you have been the victim of illegal actions against you due to being in a protected status, our NJ employment lawyers will examine the circumstances and guide you in the steps forward.
Retaliation is when employers take adverse actions against employees for making complaints, reporting illegal conduct or participating in lawful protected activities (such as complaining of discrimination or opposing unlawful activities). Actions could include reduced hours, demotions or being passed over for promotions, being subjected to retaliatory harassment, as well as job termination. The NJLAD and several federal laws protect against retaliation. If you are being harassed or retaliated against, you should carefully document of each relevant incident. Make records of dates, times, who was involved and the specific incident and keep any related written communications. When we investigate your case, we will gather further evidence using all legal tools available.
New Jersey is an at-will employment state, meaning that an employee can be fired for any legal reason. However, they cannot be fired for illegal reasons. Terminations that are motivated by protected categories, including race, gender, age, disability, pregnancy or other protected characteristic are statutory carve outs from the at-will employment doctrine. Terminations that are so motivated are considered unlawful terminations and impacted employees have the right to seek damages and other remedies. Additionally, our NJ disability attorneys represent clients in cases of disability discrimination where an employer refuses to provide reasonable accommodations that would allow the employee to perform the essential functions of a job.
New Jersey law allows you to file a discrimination or retaliation complaint with the Division on Civil Rights (DCR) or to proceed directly with a lawsuit in court within the permitted statute of limitations. Federal anti-discrimination laws requires that you initially file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). In New Jersey, the EEOC charge must be submitted within 300 days of the discriminatory event.
The EEOC will investigate your claim and, if it finds merit, may grant you relief or issue a Notice of Right to Sue. Our lawyers can guide you through the filing process and all steps in the litigation.
In many instances, it may be advantageous to sue directly under New Jersey laws and forego proceedings before the EEOC.
To prove workplace discrimination, you must show that an employer treated you differently because you are a member of a protected group or status. Evidence supporting your claim may include:
Obtaining and locating circumstantial evidence during a case is a critical function. With our extensive knowledge of state and federal employment laws, we have the necessary skill to help you identify appropriate evidence and build a strong case on your behalf. Strategies we use to resolve discrimination cases include direct negotiations, mediation and litigation if other methods are unsuccessful.
If you are currently employed and believe that you are experiencing discrimination or retaliation, you may want to obtain a consultation to know your rights and your obligations. Certain aspects of the anti-discrimination laws and anti-retaliation laws may require you to first take important steps as an employee before you have a claim against the employer. A consultation with one of our attorneys may be critical in such cases.
Deutsch Atkins & Kleinfeldt, P.C. in Hackensack represents workers in discrimination, retaliation and wrongful termination complaints against New Jersey employers. Call 551-245-8894 or contact us online to arrange a consultation.