If you have experienced discrimination, harassment, or retaliation at work in New Jersey, you may have important legal protections under the New Jersey Law Against Discrimination (NJLAD). Enacted in 1945, the NJLAD is one of the most comprehensive anti-discrimination laws in the country. It protects workers from discrimination based on certain protected characteristics and prohibits retaliation against people who exercise their rights.
What Is the New Jersey Law Against Discrimination (NJLAD)?
The NJLAD prohibits discrimination and bias-based harassment in employment, housing, and places of public accommodation. In the workplace, the law prohibits discrimination in areas such as recruitment, hiring, promotions, termination, compensation, and the terms and conditions of employment.
The NJLAD can apply to employment decisions involving:
- Recruitment and hiring
- Job assignments and promotions
- Compensation, including salary and benefits
- Termination
- Working conditions
- Other terms and privileges of employment
Who Does the NJLAD Protect?
The NJLAD provides broad protections to New Jersey workers. The law prohibits employment discrimination based on actual or perceived:
- Race or color
- Religion or creed
- National origin, nationality, or ancestry
- Sex, pregnancy, or breastfeeding
- Sexual orientation
- Gender identity or expression
- Disability
- Marital status, domestic partnership status, or civil union status
- Liability for military service
- Age
- Atypical hereditary cellular or blood traits
- Genetic information
- Refusal to submit to a genetic test or provide an employer with the results of a genetic test
What Does the NJLAD Prohibit?
The NJLAD prohibits employment discrimination based on protected characteristics. For example, an employer generally cannot make decisions about hiring, firing, compensation, promotions, or working conditions based on an employee’s race, sex, disability, religion, age, or other protected characteristic.
The law also prohibits bias-based harassment. Depending on the circumstances, conduct based on a protected characteristic may violate the NJLAD when it affects the terms or conditions of employment or creates a hostile work environment.
The NJLAD also prohibits retaliation. An employer generally cannot take adverse action against a worker for engaging in protected activity, such as reporting discrimination, opposing discriminatory conduct, filing a complaint, or participating in an investigation or proceeding.
Retaliation may take different forms, including termination, demotion, unfavorable schedule changes, or other adverse treatment.
How Does the NJLAD Differ From Federal Anti-Discrimination Laws?
Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) provide important workplace protections. However, the NJLAD provides broader protections in several respects.
For example, many federal employment discrimination laws apply only to employers that meet certain employee thresholds. The NJLAD generally does not impose the same federal employee thresholds, giving New Jersey workers broader state-law protection.
New Jersey law also expressly protects workers based on characteristics such as sexual orientation, gender identity or expression, marital status, civil union or domestic partnership status, and liability for military service.
The NJLAD also provides for uncapped punitive damages.
What Should You Do if You Believe Your Rights Were Violated?
If you believe you have experienced workplace discrimination, harassment, or retaliation, consider documenting what happened as soon as possible. Keep copies of relevant emails, text messages, performance reviews, schedules, complaints, and other communications. You should also make a record of important events, including dates, locations, people involved, and what was said or done.
You may also want to review your employer’s policies for reporting discrimination or harassment.
Do not wait too long to seek legal advice. NJLAD claims are subject to deadlines.
Frequently Asked Questions
Does the NJLAD cover small businesses?
Generally, yes. The NJLAD does not impose the same federal employee-count thresholds as certain federal anti-discrimination laws. As a result, the law provides broad employment protections that can extend to workers at smaller businesses.
What counts as retaliation under the NJLAD?
Retaliation occurs when an employer takes adverse action against a worker because the worker engaged in protected activity. Protected activity can include reporting discrimination, opposing discriminatory conduct, filing a complaint, or participating in an investigation or proceeding.
Depending on the circumstances, retaliation may include termination, demotion, unfavorable scheduling, or other adverse treatment.
How long do I have to file a claim?
If you file a complaint with the New Jersey Division on Civil Rights, you generally must do so within 180 days of the alleged violation. If you file a lawsuit in New Jersey Superior Court, you generally have two years from the alleged violation to do so.
Certain claims may involve different considerations, so it is important to speak with an attorney about your specific circumstances before assuming a deadline applies.
Speak With a Cherry Hill Discrimination Lawyer at Warden Law LLC
If you believe your rights under the NJLAD have been violated, you do not have to navigate the process alone. A Cherry Hill discrimination lawyer at Warden Law LLC can help you understand your legal rights, evaluate your options, and determine what steps may be appropriate for your situation. For a free consultation, call 856-324-8266 or complete our online form. Located in Cherry Hill, New Jersey, we serve clients throughout the surrounding areas.