Workplace discrimination occurs when an employer, based on a legally protected characteristic (rather than their qualifications performance or behavior), treats an employee or job applicant unfairly or unequally.
The NJ Law Against Discrimination (“NJLAD”) is one of the strongest anti-discrimination laws in the country and prohibits discrimination based on the following protected characteristics:
Examples of Discrimination in the Workplace:
If you are subject to discrimination or harassment, keep records of dates, emails, texts, comments, or incidents that demonstrate discrimination or harassment. Follow your employer’s complaint procedure, often via Human Resources or a supervisor. Document when and to whom you report it.
If believe you are experiencing discrimination at work or believe you have been fired for discriminatory reasons, you don’t have to navigate it alone. The employment law team at Wilentz, Goldman & Spitzer P.A. is here to review the facts of your situation and advise how we may be able to assist you with your discrimination matter. Contact us today to schedule a confidential consultation.
New Jersey law protects workers from discrimination based on marital status, civil union status and domestic partnership status.
Employment decisions based on stereotypes about availability, commitment, pregnancy risk, caregiving or family plans may raise legal concerns.
Save comments, emails, policy language, scheduling decisions, promotion denials or discipline that connect workplace treatment to your marital, civil union or domestic partnership status.
Disability discrimination includes unfair treatment, harassment, failure to accommodate, improper medical inquiries or adverse actions because of an actual or perceived disability.
Not simply because restrictions exist. The employer should consider whether you can perform the essential job functions with a reasonable accommodation unless doing so creates undue hardship.
Sometimes. Protection depends on the condition, its impact, duration and the law involved. Pregnancy-related and temporary impairments may also trigger accommodation rights.
Yes. Employees may have rights involving leave, non-discrimination, reasonable safety-related needs and protection from retaliation depending on the circumstances.
New Jersey law may protect leave related to domestic violence or sexually violent offenses, including time for legal, medical, counseling or safety-related needs.
An employer should not retaliate against an employee for using protected leave or seeking legal protections connected to domestic violence or sexual violence.
Sex or gender discrimination involves unfair treatment based on sex, gender, pregnancy, sex stereotypes, caregiving assumptions or related protected characteristics.
Yes. Different dress codes, promotion standards, discipline, pay, assignments or behavior expectations may be unlawful when based on sex or gender stereotypes.
Yes. Penalizing someone based on assumptions about caregiving, pregnancy or family responsibilities may support a claim if tied to a protected characteristic.
Yes. New Jersey law protects employees from discrimination based on sexual orientation, gender identity and gender expression.
Repeated intentional misgendering, refusal to use a correct name, slurs or hostile conduct tied to gender identity or expression may support a harassment claim.
Benefits decisions that treat employees differently because of sexual orientation, gender identity, marital status, civil union status or domestic partnership status may raise legal issues.
Genetic information discrimination involves unfair treatment because of genetic traits, test results, family medical history or perceived risk of developing a condition.
Employers should be careful about requesting genetic or family medical information. Unnecessary inquiries may violate state or federal protections.
If genetic information was used in hiring, promotion, termination, insurance or workplace decisions, preserve documents and seek legal guidance promptly.
Pregnancy discrimination occurs when an employer treats an employee worse because of pregnancy, childbirth, related medical conditions or the need for pregnancy-related accommodations.
No. Employers should not deny hiring, promotion, training, assignments or advancement based on pregnancy or assumptions about future availability.
A sudden change in treatment after pregnancy disclosure can be important evidence, especially if the criticism is inconsistent with prior reviews or unsupported by documents.
Race or color discrimination involves unfair treatment, harassment or unequal opportunities based on race, skin tone, hair texture, ethnicity or perceived racial identity.
Yes. Slurs, jokes, stereotypes, offensive images or repeated comments can support a harassment claim if they are severe or pervasive enough to affect an employee’s employment conditions.
Performance explanations should be compared against records, timing, treatment of other employees and whether the employer applied standards consistently.
Relious discrimination occurs when an employer treats an employee worse because of religious beliefs, practices, dress, observances or lack of religious belief.
Yes. You may request a schedule change or time off for religious observance. The employer should consider reasonable accommodations unless there is undue hardship.
Religious discussion becomes legally concerning when it turns into harassment, coercion, differential treatment or interference with your ability to work.
No. Employees and applicants have protections against discrimination based on military service, obligations, status or related leave rights.
Many service members have reemployment and anti-retaliation protections. The exact rights depend on the service, notice, timing and job circumstances.
Employers should not penalize protected military service when making employment decisions. Benefits and seniority issues should be reviewed under applicable military leave laws.
Meghan Chrisner-Keefe
Counsel
Stephanie D. Gironda
Counsel
