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 Scotch Plains 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. To show employment discrimination in Scotch Plains, 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 can 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. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Scotch Plains, 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.