Employees expect to be evaluated based on their qualifications, performance, and experience. When employment decisions are influenced by a legally protected characteristic instead, the result may be unlawful workplace discrimination. While not every unfair decision violates the law, New Jersey employees have protections against discrimination in many aspects of employment.
Key Takeaways
- Workplace discrimination involves unfair employment decisions based on a legally protected characteristic.
- Discrimination can affect hiring, pay, promotions, job assignments, discipline, accommodations, and termination.
- A Cherry Hill employment lawyer can help employees understand their rights and potential legal options.
A knowledgeable Cherry Hill employment lawyer at Warden Law LLC can help employees understand what workplace discrimination is, recognize potential warning signs, and determine what steps may be appropriate if they believe their rights have been violated.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee or job applicant less favorably because of a legally protected characteristic rather than their qualifications or job performance. Depending on the circumstances, discrimination may violate the New Jersey Law Against Discrimination (NJLAD) or federal law.
Employment Decisions That May Be Discriminatory
Workplace discrimination can occur at nearly every stage of employment. Depending on the circumstances, discriminatory actions may involve:
- Hiring or recruitment decisions
- Promotions or advancement opportunities
- Compensation or employee benefits
- Disciplinary actions
- Reasonable accommodation decisions
- Layoffs or reductions in force
- Termination
Employers generally have the right to make business decisions. However, those decisions cannot unlawfully be based on a protected characteristic.
Protected Characteristics Under New Jersey Law
New Jersey law protects employees from discrimination based on numerous protected characteristics, including:
- Race or color
- National origin or ancestry
- Religion or creed
- Sex
- Pregnancy or related medical conditions
- Sexual orientation
- Gender identity or expression
- Disability
- Age
- Marital, domestic partnership, or civil union status
- Genetic information
Whether workplace discrimination has occurred depends on the specific facts of each situation.
Signs That May Suggest Workplace Discrimination
Discrimination is not always obvious. Sometimes a pattern of employment decisions may raise concerns.
Examples may include:
- Being repeatedly passed over for promotions despite strong qualifications.
- Receiving lower pay than similarly situated employees performing comparable work.
- Being denied reasonable accommodations for a qualifying disability.
- Being disciplined more harshly than coworkers for similar conduct.
- Losing a job shortly after disclosing a pregnancy or medical condition.
These examples do not necessarily establish unlawful discrimination, but they may warrant a closer review of the circumstances.
What Evidence Can Help Support a Discrimination Claim?
Employees who believe they have experienced discrimination should consider preserving information that may help explain what occurred. Useful documentation may include:
- Performance evaluations
- Pay records
- Emails and written communications
- Employment policies
- Job postings
- Disciplinary records
- Witness information
- Notes describing relevant events and dates
When appropriate, employees should also follow their employer’s internal reporting procedures and keep copies of any complaints or responses.
When Should You Contact a Cherry Hill Employment Lawyer?
If you believe an employment decision was influenced by a protected characteristic rather than your qualifications or job performance, speaking with a Cherry Hill employment lawyer may help you better understand your legal rights. An attorney can evaluate your situation, explain applicable laws, discuss potential options, and identify important deadlines that may apply.
Frequently Asked Questions
Is every unfair employment decision considered discrimination?
No. Employers may make many legitimate business decisions. Discrimination generally involves decisions based on a legally protected characteristic rather than lawful business reasons.
Can discrimination happen before I am hired?
Yes. Applicants may have legal protections during the hiring process if employment decisions are based on protected characteristics.
Contact a Cherry Hill Employment Lawyer at Warden Law LLC
If you believe you have experienced workplace discrimination, a Cherry Hill employment lawyer at Warden Law LLC can review your situation, explain your legal rights, and discuss your options. Call 856-324-8266 today for a free consultation or complete our online contact form to learn how we may be able to assist you. We are located in Cherry Hill, NJ.