Employment Discrimination

Employment Discrimination Violates New Jersey and New York Law

Discrimination at work is illegal in both New Jersey and New York. It is a violation of your employment law rights if your company has fired, demoted, harassed or taken another adverse employment action against you because you are a member of a legally protected group.

What Forms of Discrimination Are Illegal?

The New Jersey Law Against Discrimination (LAD), the New York Human Rights Law (NYHRL) and the New York City Human Rights Law (NYCHRL) all prohibit many different forms of discrimination and harassment. For example, the law in both New Jersey and New York prohibits employers from treating you worse based on any of the following categories:

  • Age: It is unlawful to discriminate against an employee based on his or her age, including making decisions based on stereotypes or assumptions about older workers.

  • Color: It is a violation of the law to discriminate against an employee based on the color of his or her skin.

  • Disability: As long as an employee can perform the essential functions of his job, an employer cannot treat him or her less favorably because he has a physical or mental disability, because he previously had a disability, or because someone mistakenly believes he is disabled. In addition, disabled employees are entitled to a reasonable accommodation that would permit them to perform the essential functions of their jobs.

  • Gender and Sex: It is illegal to treat an employee less favorably based on the fact that she is a woman. Although it might happen less frequently, it also is unlawful to treat a worker less favorably because he is a man.

  • Marital Status: New Jersey and New York law both prohibit companies from making decisions based on the fact that an employee is married, single, divorced or widowed.

  • National Origin: The law prohibits employers from treating their employees less favorably based on the countries in which they were born.

  • Pregnancy: It is a violation of the law to treat a woman less favorably because she is pregnant or because she recently gave birth.

  • Race: Supervisors are prohibited from treating their subordinates differently on the basis of their racial or ethnic backgrounds.

  • Religion: Employers cannot discriminate based on an employee’s religious beliefs and practices, and must provide a reasonable accommodation for an employee’s religious beliefs.

  • Sexual Orientation: You may have a legal claim if you have been treated negatively because of your sexual orientation or your sexual identity, including harassment or discrimination because you are gay, lesbian, bisexual, transsexual or transgender.

  • Veteran and Military Status Discrimination: The law prohibits workplace discrimination based on the fact that you are a current or former member of the armed forces.

Experienced Employment Law Attorneys

If you have been fired, constructively discharged, demoted, suspended or otherwise treated less favorably because you belong to one of these legally protected categories, Rabner Allcorn Baumgart & Ben-Asher can help. In addition to successfully representing employees in a wide variety of employment discrimination cases, we have helped improve the law for employees through numerous significant legal victories.

Contact an experienced employment lawyer at Rabner Allcorn Baumgart & Ben-Asher for more information about your legal rights. Our telephone number is (973) 744-4000.

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