Generally speaking, employers have the right to hire whoever they want without needing to justify their decisions. However, they do not have the right to discriminate against individuals for things such as race, religion or gender.
If you live in the Jersey City or Newark areas of New Jersey and need a knowledgeable discrimination attorney, please contact Shapiro & Sternlieb today online or at (732) 617-8050 to schedule a free consultation.
What Constitutes Workplace Discrimination?
The Civil Rights Act of 1964, the New Jersey Law Against Discrimination (NJ LAD) and several other local and national laws require employers to treat employees equally in every aspect of employment. If you believe your employer is making unfair decisions related to hiring, promotion, discipline or firing, you may be able to seek a claim for workplace discrimination.
Both federal and state laws prohibit discrimination based on the following classifications:
- Race and national origin: This includes hiring and promotion decisions based on ethnicity or race and ethnic or racial jokes and slurs.
- Sex and gender discrimination: This includes actions such as sexual harassment, gender role discrimination, failure to promote, stereotyping and wage discrimination based on gender.
- Age: This type of discrimination includes ageist jokes, termination and promotion decisions and disqualification during hiring based on age.
- Religion: An employer may not refuse to allow employees to follow normal religious practices. Religious discrimination also refers to employers making hiring, firing and promotion decisions based on a person’s religion.
- Pregnancy: This type of discrimination occurs when expectant mothers are not hired, fired or otherwise discriminated against because of pregnancy or intent to become pregnant.
Disparate Impact
Discrimination in the workplace does not need to be intentional to be unlawful. This type of discrimination refers to practices in housing, employment or other areas that negatively impact one group of people, even though the rules of a company or other entity seem neutral at face value.
Intentional Discrimination
Although intentional discrimination is the most blatant form of discrimination, it can be challenging to prove. There is rarely explicit evidence and defendants will usually offer some sort of non-discriminatory reason for termination or disciplinary action. In these cases, it is important to work with an experienced attorney who can thoroughly investigate the details surrounding your situation, and look for evidence that may be otherwise overlooked.
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Contact our Discrimination Lawyers Today
If you have been discriminated against in Newark or Jersey City, New Jersey, schedule a free consultation with our experienced discrimination lawyers today by completing the form on this page or calling (732) 617-8050.
