Discrimination Against Victims of Domestic Violence

Experienced NJ Employment Attorneys Protecting Victims of Sexual and Domestic Violence

Victims of domestic or sexual violence should not have to choose between protecting their safety and keeping their jobs. In New Jersey, employees are protected by the New Jersey Security and Financial Empowerment Act (NJ SAFE Act), which provides important rights for workers facing these difficult circumstances. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent employees whose workplace rights have been violated, including workers who have been denied time off or who have faced retaliation after seeking protection under the law.

Time Off Under the NJ SAFE Act

The NJ SAFE Act allows covered employees to take up to 20 days of unpaid leave each year if they or a family member are victims of domestic or sexual violence. This time off may be used for:

• Receiving medical treatment for physical or psychological injuries
• Obtaining services from a victim services organization
• Attending counseling sessions
• Engaging in safety planning or relocating for protection
• Obtaining legal assistance or pursuing legal remedies
• Preparing for or attending court proceedings

Although the law does not require employers to pay workers during this leave, you can use accrued vacation, sick, or personal time to receive pay while you are out.

Eligibility Requirements

The NJ SAFE Act applies only to employees who meet certain criteria. You must have worked for your employer for at least 12 months, completed at least 1,000 hours of work during the past year, and work for an employer with 25 or more employees, including state and local government agencies.

Notice and Documentation

If your need for leave is foreseeable, then you are required to give your employer as much written notice as possible. Employers also have the right to request documentation to confirm that the leave relates to domestic or sexual violence. Acceptable documentation may include:

• A restraining order or other court order
• A letter from a prosecutor or law enforcement official
• A medical record related to the incident
• A certification from a Domestic Violence Specialist or director of a designated agency
• Documentation from a counselor, clergy member, or social worker

Importantly, employers must treat all such information with strict confidentiality, unless disclosure is required by law or authorized by the employee.

Protection Against Discrimination and Retaliation

The NJ SAFE Act makes it unlawful for an employer to retaliate against you for requesting or taking protected leave. This includes prohibiting your employer from:

• Terminating or demoting you
• Cutting your pay or benefits
• Harassing you for exercising your rights
• Denying opportunities for promotion or advancement

Similarly, you cannot be punished for refusing to release confidential information related to your NJ SAFE Act leave.

How the Law Works with Other Leave Rights

In some situations, NJ SAFE Act leave may run concurrently with leave under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA). This means your time off could count against one or both leave entitlements if the circumstances qualify under multiple laws. Understanding how these statutes interact can help you maximize your time off and legal protection.

Remedies for Violations

If your employer violates the NJ SAFE Act then you can bring a civil lawsuit. Potential remedies include:

• Reinstatement to your former position with full seniority
• Recovery of lost wages and benefits
• Compensation for emotional distress damages
• Attorneys’ fees and costs
• Court orders prohibiting your employer from future violations

Keep in mind that this law requires claims to be filed within one year of the violation, so acting quickly is important.

Representing Victims of Domestic Violence in New Jersey

At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our attorneys have extensive experience representing workers under the NJ SAFE Act, the New Jersey Law Against Discrimination (NJLAD), and the Conscientious Employee Protection Act (CEPA). Whether you were denied leave, retaliated against, or wrongfully terminated, we are here to stand by your side and fight for your rights.

Speak with a Bergen County Employment Lawyer

If you are a victim of domestic or sexual violence and your employer has denied your leave or retaliated against you for seeking protection, you do not have to face this alone. A Bergen County employment lawyer at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can explain your rights, evaluate your case, and help you take action.

Call us today at (201) 777-2250 or contact us online to schedule a confidential consultation.