Laws have been passed under both New Jersey and federal governments which prohibit discriminating on the basis of specified protected characteristics. Government and private employers in Neptune can 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 category that is legally protected. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. In Neptune, New Jersey, in order to succeed on an employment discrimination claim, the plaintiff must show 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 shown 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 understand to be biased. Furthermore, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Neptune, New Jersey attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.