You should be able to report workplace discrimination or raise concerns about illegal or unethical conduct without worrying that your employer will punish you for speaking up. The New Jersey Law Against Discrimination (NJLAD) and New Jersey Conscientious Employee Protection Act (CEPA) provide important protections against workplace retaliation.
NJLAD prohibits employers from retaliating against employees who exercise rights protected by the law, including reporting or opposing unlawful discrimination or harassment and participating in related investigations or proceedings.
Commonly known as the “whistleblower law,” CEPA protects employees in certain circumstances when reporting, objecting to, or refusing to participate in conduct reasonably believed to be illegal or otherwise in violation of public policy.
If you believe your employer targeted you for speaking up or exercising a protected right, understanding these protections can help you decide what to do.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer punishes you for engaging in a legally protected activity, such as reporting discrimination or illegal workplace conduct. Retaliation may involve firing or demoting you, changing your job duties, or taking other adverse actions for exercising your rights. Any negative action that affects your employment or could discourage another employee from exercising a protected right may qualify as retaliation.
What Employee Activities Are Protected?
Activities protected from retaliation depend on the applicable law. NJLAD primarily protects employees who oppose discrimination and other prohibited conduct, while CEPA protects certain whistleblowing activities.
Protections under NJLAD include:
- Reporting discrimination, harassment, or other conduct prohibited by NJLAD.
- Filing or assisting with a discrimination or harassment complaint.
- Participating in an investigation or proceeding involving alleged discrimination.
- Requesting a reasonable accommodation for a disability or religious practice.
Protections under CEPA include:
- Disclosing or threatening to disclose conduct you reasonably believe violates a law, rule, or regulation.
- Providing information to or testifying before a public body investigating a suspected violation.
- Objecting to or refusing to participate in conduct you reasonably believe is illegal, fraudulent, criminal, or contrary to a clear mandate of public policy.
You do not necessarily need to file a formal lawsuit or government complaint to receive protection. Depending on the law and circumstances, internal complaints and other actions may also be protected.
What Does Illegal Retaliation Look Like?
Some forms of retaliation are obvious, such as firing an employee shortly after a complaint is filed. Other actions can be more subtle, such as:
- Demotion or suspension.
- Reduced hours, pay, or responsibilities.
- An undesirable transfer or schedule change.
- Unjustified negative performance reviews.
- Exclusion from meetings, projects, or advancement opportunities.
- Increased scrutiny or selective enforcement of workplace rules.
- Threats, intimidation, or harassment.
How Can Retaliation Be Distinguished From Legitimate Employment Decisions?
Employers can still discipline employees for legitimate reasons, such as poor performance, attendance problems, or workplace misconduct. The key question is why the employer took the action.
Evidence of retaliation may include suspicious timing, sudden negative performance reviews, inconsistent explanations, different treatment of similarly situated employees, or discipline that departs from the employer’s usual practices.
What Should You Do if You Believe You Are Experiencing Retaliation?
If you suspect retaliation, you should:
- Document dates, conversations, disciplinary actions, and changes in your treatment.
- Preserve relevant emails, messages, performance reviews, and other employment records.
- Review workplace policies and procedures for reporting retaliation.
- Consult an employment lawyer who can assess your situation and explain your options.
When to Contact a Cherry Hill Employment Lawyer
Retaliation can threaten your income, career, and willingness to speak up when you witness something wrong at work. If you believe your employer has punished you for reporting misconduct, taking protected leave, or exercising another legal right, you do not have to face it on your own.
An experienced Cherry Hill employment lawyer can review what happened and determine whether your employer’s actions violate CEPA, NJLAD, or other state employment laws. We can help you understand the protections that apply to your situation and the options available for holding your employer accountable.
Frequently Asked Questions About Workplace Retaliation
Can my employer retaliate against me for reporting discrimination?
No. Employers cannot legally punish you for making a good-faith complaint about discrimination protected by law.
Do I have to be fired to have a retaliation claim?
No. Demotions, pay reductions, harassment, and other adverse actions may potentially support a retaliation claim.
Can I have a retaliation claim even if my original complaint is not proven?
Possibly. You may still be protected for making certain complaints in good faith, even if an investigation ultimately does not establish the underlying violation.
Contact a Cherry Hill Employment Lawyer at Warden Law LLC Now
If you need help with a legal matter involving workplace retaliation, contact a Cherry Hill employment lawyer at Warden Law LLC. Call 856-324-8266 or contact us online to schedule a free consultation. Located in Cherry Hill, New Jersey, we serve clients in the surrounding areas.