New Jersey Employment Discrimination Defense Attorneys
Employees in the State of New Jersey have broad rights in the workplace. Indeed, the New Jersey Law Against Discrimination (“LAD”) strictly prohibits discrimination in the workplace. Protected categories under the law, include but are not limited to, age, race, national origin, disability, pregnancy, and gender discrimination.
Keeping track of the dynamic and evolving changes in New Jersey employment laws is an important part of running a successful business. CMS employment attorneys act as strong advocates in defending employers when discrimination claims arise.
Allegations of Discrimination
When employers find themselves facing allegations of discrimination, they need to respond promptly and appropriately in order to address the situation and avoid legal liability. Indeed, the employer may conduct an internal investigation to determine whether the allegations are credible and to gather additional information about the situation. Depending on the results of the investigation, the employer may need to take corrective action, such as disciplining or terminating employees who engaged in discriminatory behavior. The employer may need to communicate with the affected employees and other stakeholders to provide information about the investigation and any steps taken to address the situation. If the allegations are serious and cannot be resolved through internal processes, the affected employees may choose to pursue legal action against the employer.
Potential Discrimination Issues
When in the workplace there are a variety of potential discrimination accusations that may arise.
Age discrimination in the workplace is strictly prohibited. Age is a protected category under the New Jersey Law Against Discrimination as well as the Age Discrimination in Employment Act (which prohibits discrimination in the workplace against individuals who are 40 years of age or older.
Unfortunately, a substantial number of employees in the workplace begin to get phased out as their earnings increase and they near retirement age. While there usually is no direct evidence of age discrimination, there is often a subtle innuendo that creates an inference that an employment decision may be motivated by an individual’s age. Therefore, it is important for you to understand your rights if you believe you are experiencing age-based discrimination in the workplace.
Gender or Sexuality
Gender-based discrimination and harassment are prevalent in the workplace. Harassment or a hostile work environment essentially is unwelcome, unsolicited conduct of a sexual nature or based on membership due to an individual’s gender, which has the purpose or effect of unreasonably interfering with an individual’s work atmosphere, or which creates an intimidating, hostile or offensive working environment. Another form of harassment is known as quid pro quo harassment is where submission to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is made a term and condition of employment, or where submission to or rejection of such behavior forms the basis for employment decisions. If you are experiencing gender-based discrimination in the workplace, it is vital that you know your rights.
Both the Americans with Disabilities Act and the New Jersey Law Against Discrimination prohibit discrimination against individuals with disabilities in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. If an individual makes a request for a workplace accommodation due to disability, an employer is required to engage in dialogue known as the interactive process to explore potential reasonable accommodation options. Legal issues associated with accommodation requests tend to be complicated. Accordingly, it is important for you to understand your legal rights and employer obligations in this context.
Both federal law and the New Jersey Law Against Discrimination prohibit discrimination in the workplace based on race regarding all personnel actions including recruiting, hiring, training, transfer, promotion, job benefits, performance evaluation, discipline, and termination. In addition, race-based workplace harassment is also strictly prohibited in the workplace under federal and state law.
Both federal law and the New Jersey Law Against Discrimination prohibit religious discrimination. Indeed, federal and state employment laws provide equal employment opportunities to all individuals, regardless of their religious beliefs and practices or lack thereof. As such, employers are required to provide reasonable accommodations for an employee’s sincerely held religious belief if the accommodation would resolve a conflict between the individual’s religious beliefs or practices and a work requirement unless doing so would impose an undue hardship for the employer.
The Uniformed Services Employment and Reemployment Rights Act provides certain reemployment rights to military service members and prohibits discrimination and retaliation against military service members. The Vietnam Era Veterans’ Readjustment Assistance Act prohibits federal contractors and subcontractors from discriminating against protected service members and requires employers to take affirmative action to recruit, hire, promote, and retain military service members. In addition, the New Jersey Law Against Discrimination prohibits discrimination against covered veterans. If you are a military service member, it is essential that you understand your legal rights in the workplace.
When to Engage an Employer Defense Attorney
Employers should consider engaging a defense attorney for discrimination claims as soon as possible after becoming aware of the allegations. This is because discrimination claims can be complex and time-sensitive, and a skilled attorney can help the employer navigate the legal process and minimize potential liability.
Consult an Employment Discrimination Defense Attorney
The Firm’s Employment Discrimination Defense Attorneys are not only strong advocates but also trusted counselors who provide guidance to businesses that are facing claims of employment discrimination. If you require a New Jersey Employment Discrimination Defense Attorney, please contact Curcio Mirzaian Sirot LLC.