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 Newark 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 Newark, 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. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
Employment discrimination claims have complicated filing procedures, because they involve pursuing the claim with specific agencies. A Newark, 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.