Law Offices Of Paul S. Foreman Specialize in New Jersey Employment Law
WHAT IS WORKPLACE DISCRIMINATION, HARASSMENT?
Employers can hire as they please and do not have to justify their workplace decisions. However, the line relative to employment discrimination is crossed when workers suffer adverse employment actions on the basis of a legally protected characteristic such as age, race or disability. You do not have to endure workplace discrimination or accept discrimination in hiring practices. Those employers are breaking New Jersey Discrimination Laws and/or Federal Law.
The New Jersey Law Against Discrimination
The New Jersey Law Against Discrimination (“NJLAD”) was first enacted in 1945 and but it differs from other states is that it is constantly being reviewed and revised consistent with changes with the changes in our society. It takes an extremely aggressive stance regarding the civil rights of all those living in the state of New Jersey. The NJLAD is a broad and expansive statute which is applied liberally to all of our citizens.
More specifically it states as follows: “All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right.”
We have experience in the following areas of Employment Discrimination:
Racial Discrimination and Ethnicity Discrimination: Racism is a very real and occurs more often than you may think. We are very aware of the prevalence of color and race discrimination in New Jersey and throughout the United States. No one should have to deal with discrimination based on the color of their skin or their race while they are working.
People are protected from race discrimination in the workplace by multiple laws, including federally by the Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1866. Each state also has its own anti-discrimination law. In New Jersey, it is the New Jersey Law Against Discrimination. These laws prohibit employers from discriminating in hiring, interviewing, recruiting, demoting, hiring, promoting or in any other job-related action on the basis of a person’s race or color. The prohibitions include making decisions based on stereotypes, the person’s association with others of an ethnic minority or associations with ethnic groups or organizations. If you have been the victim of workplace discrimination, you have certain legal rights that our office will pursue. Racial and Ethnic Discrimination can take occur in many ways including but not limited to the following:
Failure to hire
Failure to promote
Lesser pay or benefits
Undesirable or menial employment assignments
This behavior is unacceptable and we encourage you to contact us if you believe you are the victim of racial or ethnic discrimination.
Age Discrimination: Under the law, discrimination based on age is any negative employment action that an employer engages in because of the age of a worker who is at least 40 years old. Older workers are protected against discrimination under both state and federal laws.
There are several ways in which an employer may engage in age-based employment discrimination. Some examples include an employer’s hiring or promoting a younger worker for a position who is less qualified than an older worker who also applied for the job. Others include reducing or terminating benefits for older workers in an effort to avoid paying pensions, terminating older workers to avoid paying benefits, failing to consider older workers for training or promotions and other similar acts. When an employer must conduct layoffs, for example, the employer may not disproportionately lay off workers who are older than 40 simply because of their age or higher salaries.
The Age Discrimination in Employment Act is a federal law that prohibits age discrimination against workers who are 40 years old or older. It forbids age discrimination in all employment-related actions, including the following:
Rate of pay
If you or someone you care about has been discriminated because of their age, we are available to make sure you are compensated appropriately. We recommend you contact us immediately to ensure an aggressive stance is taken on your behalf.
Gender Based Discrimination: Gender discrimination occurs in many forms, some subtle and some disgraceful. Employers still refuse to hire women for certain jobs on the basis of perceived physical or mental inferiority. Women in management hit the "glass ceiling." A less qualified co-worker gets the promotion because “a man has a family to support.”
This notion is ridiculous and archaic. This can also lead down the path of sexual harassment as described in detail below. A person may be a victim of sexual harassment if he or she receives unwelcome sexual advances or physical, verbal or visual acts that are sexual in nature. This topic is discussed in more detail on this site.
We pursue lawsuits for gender-based discrimination in any facet of employment:
Terminations, Demotions and Layoffs
Pay Raises, Bonuses and commissions
Family Medical Leave Act
Pay, Commissions and Bonuses
Company Benefits Packages and Perks
Hostile Work Environment
Contact us now for your consultation because there is no reason in the world anyone should be the subjected to sexual harassment of gender based discrimination.
Disability Discrimination: Under the New Jersey Law Against Discrimination, it is unlawful to discriminate against an individual because he or she has been disabled at any time. This includes unlawful employment practices against the individual, unless the nature and extent of the disability preclude the individual from performing a particular job. N.J.S.A. 10:5-4.1
In 1990, the Americans with Disabilities Act (“ADA”) was created to protect the rights of employees with disabilities. Employers are required under the ADA to make accommodations for individuals with a wide range of disabilities such as: Mental disabilities, Physical disabilities, Emotional Disabilities, or Severe Illness. In other words, an employer cannot discriminate against anyone due to any physical or mental disability.
Accommodations include providing handicap accessibility in buildings and allowing time off for medical appointments. In addition, the ADA also prohibits public and private employers from discriminating against qualified individuals because of a disability. Unfortunately, some employers do not care about what the law says. Nonetheless, employers have an obligation to engage in a good faith dialogue with the job candidate or employee to try to meet the request for accommodations or negotiate an alternative. In reality, many employers recoil at any additional cost or any special considerations and automatically say no. That is why we are here. Let the employer answer to us. We have the experience and skill necessary to know when you have a claim due to disability discrimination.
Pregnancy Discrimination: The New Jersey Law Against Discrimination prevents an employer from discriminating against an individual in terms, conditions or privileges of employment on the basis of pregnancy, childbirth or sex. An employer who refuses to continue the employment of a woman because of a pregnancy, delivery of a child or complications that arise from a pregnancy is liable for sex or gender discrimination under the New Jersey Law Against Discrimination.
A pregnant woman is entitled to the same rights and disability leave as employees disabled for other reasons. An employer may not discriminate against a pregnant employee by not allowing her to use accumulated sick leave during the period of temporary disability when it can be used for any other period of absence due to physical disability.
It is against New Jersey law to engage in the following: terminate an employee because they are pregnant and despite the fact that they can perform the essential functions of the job; refuse to hire a pregnant woman because they are likely to become pregnant; involuntary transfer a pregnant woman to another position because the pregnancy; require a pregnant employee to begin a leave before the employee wanted to begin the leave despite the fact that they can perform the essential functions of the job.
In addition, The State of New Jersey Department of Civil Rights has stated that a pregnant woman is entitled to work as long as she is able to perform her job. When she is no longer able to work, she should receive the same consideration given to those taking disability leave. When she returns from disability leave she is entitled to the same seniority, benefits, etc. as well as a comparable position if similarly disabled employees are entitled to the same rights and benefits.
New Jersey law mandates that employers treat pregnant women the same as other employees who have disabilities. This includes treating employees with the pregnancy related medical conditions be given the same rights and privileges as an employee with a disability, including leaves of absence, modified job duties and light duty. If for any reason you believe you have been discriminated against in connection with your pregnancy, please contact us to discuss your case in detail and determine the correct monetary compensation you deserve.
Sexual Harassment and Hostile Work Environments: The two basic forms of sexual harassment are hostile work environment creating a hostile work environment and quid pro quo sexual harassment.
Hostile Work Environment is the unlawful to harassment a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Commonly we see consists of men acting inappropriately towards women, but sometimes towards other men. The most common form is where the harasser indicates he is attracted to the victim, but he goes too far, making her feel very uncomfortable, ignoring that his attention is unwanted. Harassers often comment on the victim's body in a vulgar way, and make statements concerning sexual activity which they desire.
When sexual harassment does occur upon a male it can consist of inappropriate remarks, inappropriate physical actions directed in the male’s direction or jokes directed at his expense which can occur outwardly or behind his back.
These days no harasser seems to be capable of resisting the temptation to text or email his victim. These communications are playing an important role in our cases: once the victim receives one, it is no longer a question of who said what to whom. There are other ways to preserve evidence. Clients now approach us actual recordings of their harasser verbalizing their conduct. In addition, individuals are becoming more savvy and even recording their complaints to superiors or managers regarding harassers. Quid Pro Sexual Harassment occurs when an employer attempts to make the employee's submission to sexual advances a condition of his or her employment. It involves a spoken or even implied threat that if the employee does not comply with the employer's sexual demands, he or she will be terminated or suffer other adverse job-related actions, such as demotion, suspension, loss in pay, failure to promote, loss of benefits and/or perks etc.
If you think that you might be experiencing sexual harassment by at your place of employment, we implore you to call us as soon as possible to put an end to this disgraceful behavior and compensate you correctly for any physical and emotional trauma you have suffered as a result of being a victim of sexual harassment.
Sexual Orientation and LGBTQ Discrimination: Sexual orientation discrimination is the biased treatment of job candidates and employees based entirely upon your sexual orientation. This includes being passed over for a position of employment for which you are otherwise qualified, termination, harassment, intimidation, unequal pay and virtually any other adverse employment action that displays a bias against you. In New Jersey, this protection extends to heterosexuals, homosexuals, bisexuals, transsexuals, androgynies, transvestites, and transgender individuals. This covers those who express or identify with a gender through either internal or external means. This may include the individual’s manner of hairstyle, manner of dressing, voice enunciation and other characteristics of one’s body. There is no excuse for discrimination based on an individual’s sexual orientation and we are here to hold those responsible for such despicable behavior accountable.
WHY I’M THE RIGHT LAWYER TO HELP YOU WITH YOUR DISCRIMINATION/HARASSMENT CASE
It starts with having the right experience. I have extensive settlement and trial experience in this area of employment law, and I know exactly what it takes to deliver you the results that you need and deserve. Working in a smaller firm enables me to provide you with the highest levels of professionalism and expertise, and two critical things that a medium-sized or large firm generally doesn’t offer:
Compassion, empathy, and unparalleled accessibility
Trust me when I tell you that I am tenacious. I will not stop until I deliver the optimal results that you deserve.
But don’t just take it from me: Click here to read testimonials from my employment law clients.
WHERE DO I PRACTICE EMPLOYMENT LAW?
My office is based in Roseland, NJ. I serve all New Jersey Counties including Essex, Morris, Bergen, Passaic, Hudson, Sussex, Warren, Union, Middlesex, Ocean, Monmouth and any other county I am needed.
In short, I won’t let geography stand in the way of helping you, and I’m more than ready to take your case! I’ll travel to where you need me. If you’d like to schedule a free appointment, click here, or call me now at (973)-315-3232