Despite the existence of prohibitory federal and state laws, employment discrimination still occurs. In those situations, an employee may wish to bring an employment discrimination claim against his or her employer. It can be difficult to prove claims of discrimination; therefore, it is imperative to have a skilled employment discrimination lawyer on your side who can uncover evidence of the discrimination and increase your chances of succeeding in your claim. The South Jersey employment lawyers at Burnham Law Group, LLC provide experienced representation for employment discrimination claims based on violations of the New Jersey Law Against Discrimination.
New Jersey Law Against Discrimination (NJLAD)
It may be advantageous for claimants to proceed under the NJLAD because it is broader than the federal law governing employment discrimination (Title VII of the Civil Rights Act of 1964). Whereas the federal law prohibits employers from discriminating based on sex, race, color, national origin or religion, the NJLAD prohibits discrimination based on:
- National origin
- Marital or domestic partnership status
- Sexual orientation
- Gender identity or expression
- Atypical cellular or blood trait
- Genetic information
- Military service
- Mental or physical perceived disability
- AIDS/HIV status
It is also advantageous to proceed under the NJLAD because employees can proceed directly to state court with their claim. There is no requirement to initially file with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights. Also, federal laws have damage caps in place whereas the NJLAD does not place limits on the amount a plaintiff can recover.
Types of Employment Discrimination
Employment discrimination can take place during the hiring process, while an employee is employed or when they are terminated. Job offers, salary offers, benefits, promotions, demotions and firings may not be based on a protected characteristic under the NJLAD. Employees should also not be subject to harassment, retaliation or a hostile work environment.
The South Jersey employment discrimination lawyers at Burnham Law Group, LLC are committed to protecting the rights of employees and holding discriminatory employers accountable. We have successfully litigated many types of employment discrimination claims, including those based on:
Gender – Employees may not be treated differently based on their sex. This commonly happens when a female employee is passed over for a promotion in favor of a less qualified male employee.
Sexual Orientation – Unlike the federal law against discrimination, the NJLAD explicitly prohibits discrimination based on sexual orientation. Heterosexual, bisexual or homosexual individuals may not be treated differently because of their actual or perceived sexual orientation.
Pregnancy – It is illegal to discriminate against a woman because she is pregnant and pregnant women are entitled to take time off for their childbirth and any related medical conditions. If you were rejected for a job or terminated from a position because of your pregnancy, you may have a pregnancy discrimination claim.
Disability – Disabled persons may not be discriminated against, wrongfully terminated or subjected to a hostile work environment because of their disability. Employees also have the right to request a reasonable accommodation for a mental or physical disability and to take leave under the Family Medical Leave Act.
Sexual Harassment – Sexual harassment in the workplace is prohibited. The NJLAD defines sexual harassment as unwelcome sexual advances, requests for sexual relations or other verbal or physical conduct of a sexual nature.
Hostile Work Environment – This form of harassment occurs when an employee is subject to pervasive harassment that makes the atmosphere intimidating, hostile or offensive. Courts will consider many factors in determining whether a workplace constitutes a hostile work environment including the type, frequency and severity of the discriminatory conduct.
South Jersey Employment Lawyers at Burnham Law Group, LLC Represent Victims of Employment Discrimination
If you have been the victim of any form of employment discrimination, contact an experienced South Jersey employment discrimination lawyer at Burnham Law Group, LLC. Our firm is dedicated to fighting for employees’ rights and obtaining the justice and compensation you deserve. From our offices conveniently located in Marlton and Somers Point, we represent clients throughout New Jersey. Contact us online or call us at 856-751-5505 for a free, confidential consultation.