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 Oakland 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. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to prevail on a discrimination claim in Oakland, New Jersey.
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. Moreover, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with specific agencies. An Oakland, 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.