Cherry Hill Employment Discrimination Lawyers
If you are employed in the state of New Jersey and you believe you were treated unfairly by your employer, you may benefit from filing an employment discrimination claim. However, you must first determine whether your unfair treatment fits the legal definition of employment discrimination. The Cherry Hill employment discrimination lawyers at Sidney L. Gold & Associates, P.C. are highly experienced at evaluating the validity of discrimination claims in New Jersey and can determine if it is in your best interest to pursue legal action.
What is Employment Discrimination?
Unlawful employment discrimination occurs when an employer treats an employee unfairly simply because they belong to a protected class. Federal law recognizes the following protected classes:
- National origin
- Sex, including pregnancy, childbirth, and related medical conditions
The state of New Jersey recognizes additional types of discrimination regarding gender identity, perceived gender identity or expression, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV-related illnesses. New Jersey law also considers sexual harassment and retaliation in the workplace as forms of discrimination.
Federal and State Laws Governing Employment Discrimination
Laws at the federal and state levels provide protections against employment discrimination. In many instances, these laws overlap. Federal employment discrimination laws include the following:
- Title VII of the Civil Rights Act of 1964: This law applies to companies with 15 or more employees. It prohibits companies from making employment decisions based on a worker’s race, color, sex, national origin, or religion. Before suing an employer for violating Title VII, the employee must first file a claim with the Equal Employment Opportunity Commission (EEOC).
- The Age Discrimination in Employment Act (ADEA): This protects workers who are 40 years old or older from discrimination. It applies to companies with 20 or more employees.
- The Pregnancy Discrimination Act: This law prohibits employment discrimination simply because a woman is or intends to become pregnant if pregnancy does not prevent her from performing essential job duties. It covers all aspects of hiring, promoting, compensating, training, and firing employees.
- The Americans with Disabilities Act (ADA): This act makes it illegal with 20 or more employees to harass or demonstrate unfavorable treatment toward qualified employees with mental or physical disabilities. The disabilities can be temporary or minor.
How is Employment Discrimination Law Different in New Jersey?
Employment discrimination law in New Jersey is different than federal law because the New Jersey Law Against Discrimination (NJLAD) extends legal protections in several ways, including the following:
- Age discrimination: In New Jersey, workers are protected against age discrimination if they are between the ages of 18 and 70. A New Jersey employer may not consider your age in making hiring or promotion decisions.
- Disability discrimination: New Jersey law broadens the definition of disability to include several conditions, such as epilepsy, psychological conditions, and hereditary blood traits.
- Gender discrimination: The NJLAD protects transgender workers, as well as those who do not appear as traditionally feminine or masculine.
- Pregnancy discrimination: New Jersey employers must offer pregnant workers additional accommodations when recommended by a physician, including additional breaktime, modified work schedules, and transfers to less strenuous work.
- Race or religious discrimination: Under the NJLAD, the employer may be sued for creating a hostile work environment if the employee is subjected to racial slurs, offensive jokes, or comments about their culture, dress, accent, or ethnic background.
Employees in New Jersey may also file claims with the New Jersey Division on Civil Rights (DCR) if they experienced employment discrimination regarding their race, color, sex, national origin, or religion.
Cherry Hill Employment Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Help Clients Build Successful Discrimination Claims
It may be difficult for victims of discrimination to prove that they were not treated fairly. For more than 40 years, the skilled professionals at Sidney L. Gold & Associates, P.C. have been at the forefront of employment law, helping workers build successful employment discrimination claims. Our Cherry Hill employment lawyers would like to do the same for you. To schedule a free consultation, fill out our online form now or call us at 215-569-1999. From our offices in Philadelphia and Pennsauken, New Jersey, we advocate for hard-working employees throughout Wilkes-Barre, Scranton, northeast Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, and South Jersey.