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 Mountainside 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?
Employment discrimination can occur if the employer treats an employee unfairly based on their membership in a class that is legally protected. Traits that employers may not use to evaluate you include race, national origin, gender, religion and familial status. In Mountainside, New Jersey, in order to succeed on an employment discrimination claim, the plaintiff must demonstrate that the employer's intent in treating them differently was based on the protected status.
How can Employment Discrimination be Proven in New Jersey?
This is demonstrated upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would hold to be biased. Further, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. Lawyers in the city of Mountainside, New Jersey may direct you in filing your claim on time, and while your case is pending, they can help you pursue additional remedies that might be available for you.