Employment Discrimination in New Jersey

NJ Employment Discrimination Attorney Serving Essex, Morris, Middlesex, Somerset, and Union Counties

Being treated unfairly at work because of who you are, your race, your age, your gender, a disability, or another protected characteristic, is a deeply personal harm. It can affect your livelihood, your confidence, and your sense of dignity. It is also, in most cases, illegal. New Jersey has some of the strongest employment discrimination protections in the country, and at the Law Office of David H. Kaplan, we have spent over 30 years helping employees understand their rights and hold employers accountable. If you believe you have been discriminated against at work, we are here to help.

What Is Employment Discrimination?

Employment discrimination occurs when an employer treats an employee or job applicant less favorably because of a protected characteristic. Federal law, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), prohibits discrimination in the workplace. New Jersey's Law Against Discrimination (NJLAD) goes even further, offering broader protections than federal law and covering more employers and more protected characteristics.

Under the NJLAD, it is unlawful for an employer to discriminate against any employee or applicant in hiring, firing, compensation, promotion, job assignments, or any other term or condition of employment based on a protected characteristic.

Protected Characteristics Under the NJLAD

The New Jersey Law Against Discrimination prohibits discrimination based on:

• Race, color, and national origin or ancestry

• Sex and gender identity or expression

• Age (applies to all ages, not just workers 40 and older)

• Disability (physical or mental)

• Religion or creed

• Sexual orientation

• Pregnancy and familial status

• Marital status or domestic partnership status

• Military service

• Genetic information and atypical hereditary cellular or blood traits

• HIV status

Forms of Employment Discrimination We Handle

Employment discrimination can take many forms. At the Law Office of David H. Kaplan, we represent employees in a wide range of discrimination claims, including:

• Harassment and Hostile Work Environment: Unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create an abusive work environment. Learn more about harassment claims.

• Sexual Harassment: Including quid pro quo harassment and hostile work environment harassment based on sex or gender. Learn more about sexual harassment claims.

• Wrongful Termination: Being fired for a discriminatory reason or in retaliation for exercising a protected right. Learn more about wrongful termination claims.

• Retaliation and CEPA Whistleblower Claims: Adverse action taken against an employee for reporting illegal conduct, filing a complaint, or participating in an investigation. Learn more about retaliation and CEPA claims.

• Age Discrimination: Being passed over, demoted, or terminated because of your age. Learn more about age discrimination claims.

• Disability Discrimination: Adverse treatment based on a physical or mental disability, or failure to provide a reasonable accommodation. Learn more about disability discrimination claims.

• Gender Discrimination: Unequal treatment based on sex, gender identity, or gender expression. Learn more about gender discrimination claims.

• Pregnancy Discrimination: Adverse treatment related to pregnancy, childbirth, or related medical conditions. Learn more about pregnancy discrimination claims.

• Race and National Origin Discrimination: Discriminatory treatment based on race, color, ethnicity, or national origin. Learn more about race and national origin discrimination claims.

• Religious Discrimination: Adverse treatment based on religion or an employer's failure to provide reasonable religious accommodations. Learn more about religious discrimination claims.

• Sexual Orientation Discrimination: Unequal treatment based on sexual orientation, protected under both the NJLAD and federal law. Learn more about sexual orientation discrimination claims.

• FMLA Violations: Interference with or retaliation for taking protected medical or family leave. Learn more about FMLA claims.

What Is the Statute of Limitations for Employment Discrimination in New Jersey?

The deadline to file depends on which law applies to your claim. Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit in New Jersey Superior Court. For federal claims under Title VII or the ADEA, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act before you can file a lawsuit. Missing these deadlines can bar your claim entirely, which is why it is important to speak with an attorney as soon as possible.

What Damages Can I Recover?

Employees who prevail on employment discrimination claims in New Jersey may be entitled to recover:

• Back pay and front pay

• Reinstatement to their former position

• Compensatory damages for emotional distress and pain and suffering

• Punitive damages in cases of especially egregious conduct

• Attorney's fees and costs

Frequently Asked Questions

What should I do if I think I am being discriminated against at work?

Start documenting everything. Write down dates, times, what was said or done, and who witnessed it. Save any emails, texts, or written communications that relate to the discrimination. Avoid confronting your employer without speaking to an attorney first, as this can sometimes affect your legal options.

Does my employer have to be large for discrimination laws to apply?

Federal law generally applies to employers with 15 or more employees, though the threshold varies by statute. The NJLAD applies to employers with one or more employees, meaning it covers almost every workplace in New Jersey.

Can I be fired for filing a discrimination complaint?

No. Retaliation for filing a complaint or participating in a discrimination investigation is itself illegal under both the NJLAD and federal law. If you are fired or otherwise penalized after making a complaint, you may have both a discrimination claim and a retaliation claim.

What is the difference between the NJLAD and federal discrimination laws?

The NJLAD is generally broader than federal law. It covers more employers, more protected characteristics, and does not require you to file with the EEOC before going to court. In many cases, employees are better served filing under the NJLAD than under federal law.

Do I need a lawyer to file a discrimination claim?

You are not legally required to have an attorney, but discrimination cases are complex. Employers are almost always represented by counsel, and having an experienced employment attorney significantly improves your chances of a successful outcome.