Employment Discrimination

Individuals have the right to be treated fairly in the workplace. No worker should be denied a promotion or prevented from obtaining employment on an illegal basis such as their race, religion, or gender. Employees who face discrimination at work are entitled to compensation under both state and federal anti-discrimination laws.

With the assistance of an experienced Monmouth County employment lawyer at Fox & Melofchik, L.L.C. individuals can hold their employer liable for unfair employment related practices.

Courts may award the following to victims of employment discrimination:

  • Back pay
  • Front pay
  • Benefits
  • Reimbursement for job search expenses
  • Medical fee repayments
  • Attorney fees and costs
  • Therapy costs
  • Other out-of-pocket expenses
  • Emotional distress

In some cases, employers may be forced to hire, reinstate, or promote individuals whom they previously discriminated against.

New Jersey Law Against Discrimination

New Jersey state laws provide strong protections for individuals working in the state. The New Jersey Law Against Discrimination (NJLAD) offers protections that go beyond those provided under federal statutes.

Some of the protected classes under the NJLAD include:

  • Race
  • Color
  • Creed
  • National origin
  • Age
  • Ethnicity
  • Nationality
  • Sex
  • Pregnancy status
  • Marital status
  • Sexual orientation
  • Sexual preference
  • Gender identity
  • Military status
  • Mental disability
  • Physical disability
  • Atypical hereditary, cellular, or blood traits
  • AIDs or HIV status
  • An unemployed individual

It is illegal for employers to discriminate in the recruiting, interviewing, hiring, promoting, terminating, compensating, and assigning of job responsibilities on the basis of a protected class.

When an employer intentionally treats an employee differently because the employee belongs to one of these protected classes, they have engaged in illegal employment discrimination.

Discrimination and Whistleblower Protections

New Jersey employees who disclose a discriminatory practice of their employer and suffer retaliation as a result may bring additional claims under the state Conscientious Employee Protection Act (CEPA).

This anti-retaliation law strongly protects employees who suffer retaliation after an employee takes one of the following actions:

  • Disclosing or threatening to disclose an employer’s practice the employee believes violates a law, or in a health care setting constitutes improper patient care
  • Testifying during a hearing, trial, or other litigation proceeding about any alleged illegal activities
  • Refusing to comply with/objecting to a request from the employer to perform an illegal action

If any adverse employment action such as a firing, demotion, or loss of promotion occurs after an employee engages in whistleblowing against their employer, the employer has violated CEPA and will face liability.

Filing a Claim of Unlawful Workplace Discrimination

Workers who have experienced employment discrimination can hold their employers responsible for their unlawful actions. Employment discrimination claims must be filed before the applicable statute of limitations has expired.

Under the NJLAD, claims against employers must be made within two years of the discriminatory action taken against the employee.

CEPA claims must be filed within one year of the retaliatory action. Employees should contact an experienced Monmouth County employment discrimination lawyer as soon as possible after experiencing any discriminatory practice, to ensure no rights or protections are forfeited by an expired statute of limitations.

These cases often involve difficult evidentiary issues in proving the alleged discrimination occurred. Many discrimination claims are proved through testimony of co-workers, corroborating documents, workplace statistics, or other circumstantial evidence.

In addition to filing for relief under state laws, Fox & Melofchik, L.L.C. lawyers have brought federal employment lawsuits to protect employees’ rights under the Fair Labor Standards Act, the Occupational Safety and Health Act, the Employee Retirement Income Security Act (ERISA), the Family Medical Leave Act (FMLA); and the Worker Adjustment and Retraining Notification Act (WARN).

Monmouth County Employment Discrimination Lawyers at Fox & Melofchik, L.L.C. Fight for Employee Rights

The experienced Monmouth County employment discrimination lawyers at Fox & Melofchik, L.L.C. fight to protect the rights of workers. We understand the complexities of filing a workplace discrimination claim against an employer. We will work to ensure all employees who have suffered discrimination receive due compensation. We have over 80 years of combined experienced in handing these types of matters and are committed to obtaining the maximum amount of compensation available to our clients.

To schedule a free, confidential consultation today, call us at 732-493-9400 or submit an online inquiry form. Our offices are conveniently located in Eatontown, New Jersey to represent employees throughout the state, including those in Monmouth County, Ocean County, Middlesex County, Mercer County, Asbury Park, Neptune, Long Branch, Keansburg, Ocean Township, Eatontown, Red Bank, Middletown, Colts Neck, Deal, Freehold, Holmdel, Jackson, Little Silver, Marlboro, and Rumson, New Jersey.

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