As a victim of employment discrimination in New Jersey, you may be able to pursue an employment discrimination claim against your employer to recoup your losses. There are many reasons for employment discrimination, including sex, age, gender identity, race, creed, religion, and other factors. While federal laws protect workers from such treatment, state laws often provide some extra protection. Here we will take a more in-depth look at New Jersey employment discrimination.
What Kind of Discrimination Laws are in Place in New Jersey?
The New Jersey Law Against Discrimination (NJLAD) prohibits unlawful employment discrimination based on an individual’s race, creed, color, national origin, nationality, ancestry, age, sex, familial status, marital or civil union status, religion, domestic partnership status, affectional or sexual orientation, gender identity and expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability.
Who is Protected By Federal and State Laws in New Jersey?
The State of New Jersey laws are overseen by the New Jersey Division on Civil Rights (NJDCR) while the federal laws are overseen by the Equal Employment Opportunity Commission (EEOC). New Jersey’s anti-discrimination laws cover employers of any size, so if an employer has between 1 and 14 employees, you may want to file your claim with the NJDCR. The EEOC covers employers with 15 or more workers. This means that all workers are covered by discrimination laws in New Jersey.
What Employers are Covered by Discrimination Laws in New Jersey?
In New Jersey, you would want to file a claim with the state agency, the NJDCR, if you work for a smaller employer. The state laws cover employers who have a single employee, but the federal laws only apply to employers who have 15 or more workers. So, this means that all employers are covered by some kind of discrimination law in the state. So, if you suffered workplace discrimination in New Jersey, you do have protections in place and can pursue a claim against your employer.
Which State Agencies Regulate Workplace Harassment Laws in New Jersey?
The NJDCR works with employers who have at least 1 employee. Therefore, claims against employers who have 1 to 14 workers are generally filed with the NJDCR because they protect workers who are employed by the smaller employers. The DCR has four offices spread across the state. Offices are in Newark, Trenton, Cherry Hill, and Atlantic City. You would file your claim through the nearest office. You must provide supporting evidence and documentation as well.
How Do I File A Discrimination Claim in New Jersey?
To file a workplace discrimination claim in New Jersey, you need to contact the proper office. If your employer has from 1 to 14 workers, you will want to file with the state agency, which is the NJDCR. You will need to contact the nearest office or visit the agency’s website. If your employer has 15 or more workers, you can file with the either the DCR or with the EEOC. The EEOC is a federal agency which oversees the federal discrimination laws.
To file a claim with the EEOC, you can go online and visit their website. You can then start the process either online, over the phone, or by mail. You will be assigned a representative who handles such cases and who can help you get your claim on the right track. You will need hard evidence and supporting documentation to prove that you suffered the discrimination that you allege.
There is a statute of limitations. Federal laws give an individual 180 days from the date of the incident to file a claim. When state laws are also considered, the time limit extends to 300 days. If you wait too long, you cannot pursue a claim.
How Do I Get Help Filing A Discrimination Claim in New Jersey?
If you suffered from New Jersey workplace discrimination, you should enlist the help of an experienced employment law attorney who helps workers in New Jersey who have suffered from discrimination and harassment. An attorney understands the process and is familiar with both the applicable state and federal laws.
When you meet with a discrimination lawyer, be sure to go over their payment plans. Some attorneys require a retainer while others take cases on a contingency basis. To share the details of your workplace discrimination case and to determine the best way to proceed with your claim, complete the Free Case Evaluation Form. Be sure to provide precise details and your contact information.
