Employment Discrimination Attorneys in New Jersey

What Evidence Is Needed to Prove Employment Discrimination in New Jersey?

Employment discrimination in New Jersey comes in many forms. As a result, there are several different ways to prove this discrimination: Direct Evidence; Disparate Evidence; and Policy Evidence.

1. Direct Evidence. This is the “smoking gun” as many attorneys will say. This is the evidence that is very hard to deny and does not require any inferences. Direct evidence is when someone says directly to you or another person that you were treated unfairly because of your status as a member of a protected class. For instance, maybe you were not hired because you are pregnant. Or you were demoted because of your disability. This can also come in the form of an email, in which you are either copied intentionally or unintentionally.

2. Disparate Evidence. Disparate evidence is evidence that shows a pattern of discriminatory behavior. For instance, an African American job applicant was not hired for a job, however, a less-qualified Caucasian job applicant was hired for the same position. If this occurs on regular basis and the job applicant can show that the company did not have anyone that was African American working there, this can be disparate evidence to show the company is discriminating against the individual for being a part of a protected class.

3. Policy Evidence. Policy evidence can be extremely powerful evidence as well. It can stand alone or help support direct or disparate evidence. Policy evidence is when a policy exists that is meant to discriminate against people of a protected class. For instance, a policy that states that pregnant women are not to come to work once they start showing they are pregnant and will not be allowed to work from home is discriminatory against pregnant women and makes it impossible for a pregnant woman to earn an income while pregnant.

What Are Examples of Employment Discrimination in New Jersey?

Workplace employment discrimination in New Jersey can come in many forms. Whenever an employee or job applicant is treated unfairly because of their status as a member of a protected class they are victims of employment discrimination. So, what does that mean? Here are some examples of what it means to be treated unfairly in the workplace:

These are a few of many examples of employment discrimination in New Jersey. Of course, any time a person is harassed or treated unfairly by an employer, co-worker, supervisor, or non-employee, they are victimized by employment discrimination in the workplace.

What Is the Statute of Limitations to File a Lawsuit for Employment Discrimination in New Jersey?

If you wish to file a Title VII claim for employment discrimination, you need to file with the Equal Employment Opportunity Commission (EEOC) within 300 days of the date of the last incident of discrimination. The EEOC will investigate your claim to make sure there is a Title VII issue and issue a Right to Sue letter to allow you to file your case in federal court.

The NJ LAD is governed by the New Jersey Department of Civil Rights (DCR). You have 2 years from the last day of the discrimination to file a claim with the DCR. Once the DCR investigates the claim, you will receive a Right to Sue letter to file your complaint in state court.

As mentioned above, there are many different federal laws providing different rights to employees and job applicants and protecting them from employment discrimination. Each law has its own set of time limits to file a case. For instance, Section 1981 allows 4 years from the date of the last incident of race discrimination to file a claim. Therefore, it is essential to know your rights and work with an attorney that can help you navigate the system.

Punitive damages (damages intended to “punish” the employer. These are based in part on the gross profits of the company, the nature of the discrimination, and whether this is a first offense.)

How Long Does an Employment Discrimination Lawsuit in New Jersey Take?

The length of each case varies based on the circumstances. Sometimes, the employer wants to settle immediately to avoid litigation. Other times, they do not think that they are in the wrong, or do not feel like paying and decide to fight it. On average, employment discrimination cases in New Jersey usually take between 4 to 6 months and 1 to 2 years.

If the employer chooses to make a fair settlement offer before trial, then the case may only take a few months. However, if the employer refuses to offer a good-faith settlement, the case will likely go to trial, which will take much longer to complete.

A Few Things You Can Do Now

As a victim of workplace employment discrimination, the evidence is extremely helpful. Additionally, following the rules regarding how to handle an issue in the workplace can go a long way to helping your case. Here are some things you can do now to prepare for trial:

Contact Our Experienced New Jersey Employment Discrimination Attorneys for a Free Consultation

Everyone deserves the right to have equal opportunity in the workplace and not be discriminated against based on their race, religion, gender, sexual orientation, age, or disability. If you have been discriminated against by your employer in New Jersey, the attorneys at Derek Smith Law Group are here to help. Contact us today at (973) 388-8625 for a free consultation. We do not get paid until your case is won.