Laws have been passed under both New Jersey and federal governments which prohibit discriminating on the basis of defined protected characteristics. Government and private employers in Essex County may be held liable under state and federal law depending on what kind of trait the discriminatory treatment was based upon.
How Does Employment Discrimination Occur?
If an employee is a member of a legally protected category and their employer treats them unfairly because of that, the employer will be held liable for employment discrimination. Employers are prohibited from using particular traits to evaluate you such as national origin, religion, race, age, familial status, or gender. In order for a claim of employment discrimination to be proven, an Essex County, New Jersey plaintiff must show that his (or her) employer actively intended to treat him differently because of his protected status.
How can Employment Discrimination be Proven in New Jersey?
This can be shown if the employer has a history of mistreating people of the same status, or if individuals testify regarding the employer's specific statements that a reasonable person would conclude are biased. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. An Essex County, New Jersey lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.