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 Salem 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. To prove employment discrimination in Salem, New Jersey, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.
How can Employment Discrimination be Proven in New Jersey?
This may be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Additionally, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with specific agencies. Lawyers in the city of Salem, 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.