Discrimination in the workplace remains a persistent issue for countless employees in New Jersey. From unfair treatment to outright harassment, workers often face many challenges that undermine their rights in the workplace. Fortunately, New Jersey provides legal protections under state laws that often go beyond federal statutes. Understanding when you can sue for discrimination in New Jersey is essential, as this can empower you in the workplace and help you seek justice.
What Constitutes Workplace Discrimination?
Discrimination in the workplace occurs when an employer treats a worker unfairly based on various characteristics, such as age, race, or gender. For example, under New Jersey law, an employer is prohibited from paying an employee less than a colleague performing the same job, denying them promotions, or firing them due to such attributes.
Key Questions to Determine When You Can Sue for Discrimination
When determining when to sue for employment discrimination in New Jersey, you must answer three key questions. These are as follows:
- What Type of Discrimination Did You Experience?
New Jersey’s Law Against Discrimination (NJLAD) protects employees against discrimination based on a wide array of factors, including:- Race or ethnicity
- National origin
- Gender identity or expression
- Sexual orientation
- Age
- Religion
- Disability
- Pregnancy
- Marital, domestic partnership, or civil union status
If you have experienced unfair treatment linked to such protected categories, you may have grounds for a legal claim.
- How Long Has it Been Since the Discriminatory Act?
Another key concern you must determine is how much time has elapsed since you were discriminated against, as timing is crucial when filing a discrimination lawsuit. In New Jersey, you have 180 calendar days from the date of the discriminatory act to file a claim with the New Jersey Division on Civil Rights (DCR) and two years if you choose to file a lawsuit in court. An experienced employment lawyer can evaluate your situation and guide you on the most effective option. - Did You Attempt to Address the Issue Internally?
Before proceeding to sue your employer, it is best to attempt to resolve the matter internally, such as by reporting the discrimination to HR or following the procedure outlined in the employee handbook. However, if your employer fails to address your complaints adequately or the discrimination persists despite your efforts, you may be justified in escalating the matter to legal action.
Steps to Take Before Filing a Lawsuit
Before filing a lawsuit, taking specific steps can help strengthen your case and improve your chances of a favorable outcome:
- Document the Incidents
Keep a detailed record of discriminatory actions, including dates, times, and any witnesses. - Report the Discrimination
Notify your employer about the issue through proper channels, such as human resources. Many companies have internal complaint procedures that may help resolve the issue without litigation. - File a Complaint
Consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or DCR. These government agencies can investigate your claims and may attempt to resolve the matter without going to court. However, it is essential to note that workers in New Jersey can file lawsuits directly in state courts without going through a government agency.
Our New Jersey Employment Discrimination Lawyer is Here To Help
If you believe you have been subjected to workplace discrimination, our New Jersey employment discrimination lawyer at The Trabosh Law Firm can help protect your rights and hold your employer accountable.