No one should have to endure discrimination at work. If you have experienced workplace discrimination, you can report the discrimination within your company or report it to a government agency such as the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).
If you believe your employer has discriminated against you in Elizabeth, you have the right to report the misconduct and seek legal protection.
Federal and New Jersey laws prohibit many forms of workplace discrimination, and employees have several options for pursuing a complaint depending on the circumstances. An Elizabeth employer discrimination lawyer can help.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because they belong to a legally protected class. Discrimination may occur at any point during the employment process, from hiring to termination.
Just because a workplace decision is unfair does not mean it is illegal. There are plenty of issues such as personality conflicts, disagreements with supervisors, or isolated workplace disputes that generally do not constitute unlawful discrimination unless they are tied to a protected characteristic.
Examples of protected characteristics may include race, color, religion, sex, pregnancy, sexual orientation, gender identity or expression, national origin, age, disability, marital status, military service, and other categories protected under applicable law.
Document the Discrimination
Before filing a formal complaint for workplace discrimination, it can be helpful to preserve information related to the discrimination. Thorough documentation can strengthen your claim and help establish what occurred.
If you feel you have suffered discrimination, you should consider keeping detailed records that include the dates and times when the discrimination occurred, along with all the relevant details of the discriminatory conduct. If there are any written documents that show discrimination, such as emails or memos, save them.
Maintain a written timeline describing incidents while the details remain fresh in your memory. Employees should only retain documents they are legally permitted to access and should avoid taking confidential business information that is unrelated to their claims.
Consider Reporting the Problem Internally
Many employers have internal procedures for reporting discrimination through a supervisor, human resources department, ethics hotline, or another designated representative. Reviewing your employee handbook can help you understand your employer’s reporting process.
Filing an internal complaint may resolve your workplace issue without the need for formal legal action. Doing so can also create documentation showing that the employer was notified of the alleged discrimination.
However, taking the right steps to report discrimination internally does not guarantee an end to the unlawful conduct. In fact, it can sometimes result in further issues. In some cases, employees experience retaliation after raising concerns, making it important to understand that retaliation itself may violate the law.
Filing a Complaint With a Government Agency
Depending on your circumstances, you may be able to file a discrimination complaint with a government agency responsible for enforcing employment discrimination laws.
If you have a claim that arises under the federal anti-discrimination laws, you should contact the EEOC to report the issue. If your claim is under the New Jersey Law Against Discrimination (NJLAD), you can report the issue locally to the New Jersey DCR. Where you should file depends on factors such as the type of discrimination and the applicable legal deadlines.
How Speaking With an Attorney Before Filing Can Help
Although employees can file complaints without legal representation, consulting an employment attorney beforehand may help you better understand your options and avoid mistakes that could affect your case.
An experienced attorney can evaluate whether the facts support a discrimination claim. Your lawyer can identify all applicable state and federal laws, explain filing deadlines, review available evidence, and help determine the most effective strategy for protecting your rights.
Some situations involve multiple legal issues beyond discrimination. Identifying every potential claim at the outset may strengthen your overall case.
What if My Employer Retaliates Against Me?
Many employees hesitate to report discrimination because they fear losing their jobs or facing other negative consequences. Federal and New Jersey laws generally prohibit employers from retaliating against employees for engaging in protected activities, such as reporting discrimination or participating in an investigation.
Retaliation can take many forms, including termination, demotion, reduced hours, undesirable assignments, unjustified discipline, negative performance evaluations, or other actions that would discourage a reasonable employee from reporting unlawful conduct.
If adverse treatment begins shortly after you report discrimination, you should continue documenting events and seek legal guidance as soon as possible.
Remedies That May Be Available When Reporting Workplace Discrimination
The remedies available in a workplace discrimination case depend on the facts, the applicable laws, and the outcome of the claim. Every case is different, and no particular result can be guaranteed.
Potential relief may include:
- Reinstatement to your former position
- Recovery of lost wages and benefits
- Compensation for financial losses
- Damages authorized under applicable law
- Policy changes within the workplace
- Payment of attorneys’ fees or litigation costs where permitted
An experienced employment attorney can evaluate the circumstances of your case and explain the remedies that may be available based on your specific situation.
How O’Connor, Parsons, Lane & Noble Can Help With Your Employer Discrimination Case
When facing a workplace discrimination claim, it is common for employers to deny wrongdoing or claim their decisions were based on legitimate business reasons to avoid penalties. We can investigate whether discrimination occurred by conducting a careful review of employment records and witness accounts.
At O’Connor, Parsons, Lane & Noble, our attorneys take a collaborative approach to all employment law matters. By working together and drawing on our collective experience, we work to develop legal strategies tailored to each client’s circumstances.
Contact us today to schedule a free consultation with a member of our legal team.