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National origin discrimination in New Jersey is when an employee or job applicant is harassed or treated unfairly because of his or her nationality, citizenship, foreign accent, or culture as it relates to the nation of origin. These actions are illegal and punishable under federal and New Jersey state laws. For the past 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of national origin discrimination in New Jersey receive the justice they deserve.
National origin discrimination in New Jersey is when an employer, supervisor/manager, CEO, fellow employee/co-worker, or non-employee harasses or treats an employee or job applicant unfairly based on the perceived or actual nationality or citizenship status. National origin relates to the following characteristics:
National origin can also relate to any other characteristic associated with your cultural and national background, including your association with a person or people of a different national origin, or your perceived national origin. The protections also extend to areas whoa re not recognized as a nation, such as refugees from a defunct country. Finally, your citizenship status in the US can also be part of your national origin and is protected under the law.
In order to prove national origin discrimination in New Jersey, you must prove that you were treated unfairly or harassed because of your nationality or ethnicity as discussed above. This type of evidence can come in three different forms.
1. Direct Evidence. This is the type of evidence that is hardest to come by but is the most effective. Many people refer to this as “the smoking gun.” Direct evidence is the verbal or written communication in which your employer or supervisor states that you are being harassed or treated unfairly because of your nation of origin. This may be directly stated to you or may be stated to another person about you.
2. Disparate Evidence. Disparate Evidence is much more common. This the evidence that shows a cause and effect relationship between your national origin and the unfair treatment or harassment you have endured. With disparate evidence, you must show that your supervisor/manager, fellow employee, non-employee, or employer became aware of your national origin or the national origin of your spouse, and then, within a short time frame, you were treated poorly or harassed.
3. Policy Evidence. Policy evidence is produced when a policy is discriminatory in nature, leading to a need to discriminate against someone for national origin. The policy, itself, can act as evidence in your favor for your national origin discrimination lawsuit.
National origin discrimination can come in many forms. Some examples of national origin discrimination include:
According to the federal Immigration Reform and Control Act (IRCA), passed in Congress in 1986, it is illegal to harass or treat an employee or job applicant unfairly based on his or her citizenship or immigration status. This means that an employee cannot only hire US citizens or lawful permanent residences of the US unless the government contract or law specifically requires otherwise.
It also makes sure that employers accept any lawful documentation that establishes an employee’s or job applicant’s right to work in the US. Furthermore, employers are prohibited from retaliating against an employee or job applicant for asserting these rights. Any violation of the IRCA would fall under national origin discrimination and is illegal.
Victims of National Origin Discrimination are protected by several laws. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against an employee or job applicant based on national origin, among other protected statuses, such as race, religion, and so on. The Equal Employment Opportunity Commission (EEOC) overseas complaint which are filed under this law. If you are the victim of national origin discrimination in the workplace, you have a time limit of 300 days to file your complaint. The EEOC will then investigate the complaint and issue a Right to Sue Letter if your complaint is determined to be a Title VII violation.
Under the New Jersey Law Against Discrimination (NJLAD), a person who is the victim of national origin discrimination in New Jersey has a time limit of 2 years to file a lawsuit against the employer.
Anyone who has been victimized by national origin dissemination in the workplace in New Jersey should be entitled to justice, in the form of relief from the court. Some of the available remedies for this charge include:
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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A national origin discrimination lawsuit in New Jersey can last 4 to 6 months to 1 year or longer. If your employer is willing to negotiate a fair settlement prior to going to trial, the lawsuit may settle within 4 to 6 months. However, if your employer refuses to negotiate or wants to take the case to trial, your lawsuit may take a year or longer to prepare for trial and then another few days to several weeks until a judgment is entered.
If you are the victim of national origin discrimination in New Jersey, there are a few things you can do to help start the process of filing a lawsuit.
Every employee has the right to work in a workplace free of harassment and unfair treatment based on where their nationality.
If you are the victim of national origin discrimination in New Jersey, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (973) 388-8625 for a free consultation. We do not collect any money until you win your case.
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