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:

• Race or color
• National origin or ancestry
• Gender, gender identity or expression
• Sexual orientation
• Age (18 and over)
• Disability (physical or mental)
• Pregnancy or breastfeeding
• Religion or creed
• Marital or civil union status
• Domestic violence victim status
• Military or veteran status
• Genetic information
• Criminal record (in some cases)
• Atypical hereditary cellular or blood trait

Examples of Discrimination in the Workplace:

• Hiring or promotion decisions based on race, gender, disability or any other protected characteristic
• Unequal pay for the same work due to protected class status
• Harassment or a hostile work environment, including inappropriate jokes, due to religion, sexual orientation or any other protected characteristics.
• Disciplinary actions applied more harshly to members of a particular protected characteristic
• Failure to accommodate an employee’s disability or religious practice
• Retaliation for reporting discrimination or harassment

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.