• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us
What Are The Different Laws That Protect Whistleblowers? | Header Image | McOmber McOmber & Luber

What Are The Different Laws That Protect Whistleblowers?

October 27, 2022 by Red Bank Legal

“Workplace retaliation” is any form of retaliatory action taken by an employer against an employee for having engaged in protected activity (such as reporting workplace discrimination or sexual harassment.)

Workplace retaliation, in all its forms, is illegal, and there are several state and federal laws in place which protect individuals (or “whistleblowers”) from unjust consequences for simply doing the right thing.

What Are New Jersey’s Whistleblower Protection Laws?

New Jersey Conscientious Employee Protection Act (CEPA)

The Conscientious Employee Protection Act (CEPA) is New Jersey’s own whistleblower protection law, and one of the broadest in the country. Enacted in 1986, it protects employees who blow the whistle on discriminatory, dangerous, or otherwise unlawful practices in the workplace.

New Jersey Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination (NJLAD) protects employees against employment discrimination based on certain protected classes, including pregnancy discrimination, sexual harassment in the workplace, age discrimination, race discrimination, and more. Additionally, it also makes it clear that it is illegal to retaliate against employees who make complaints about discrimination in the workplace.

NJLAD and CEPA are also further bolstered by several other New Jersey statutes and acts, including the New Jersey Civil Rights Act (NJCRA) and the New Jersey Family Leave Act (NJFLA), each of which include several of their own anti-retaliation provisions.

What Are The Federal Whistleblower Protection Laws?

The U.S. Equal Employment Opportunity Commission, otherwise known as the “EEOC,” is responsible for enforcing the federal laws and statutes that prohibit discrimination against applicants or employees because of their race, religion, gender, sex, age, orientation, national origin, disability, genetic information, etc., alongside enforcing the many whistleblower protections and provisions that come with them.

Federal anti-retaliation laws include:

Title VII of the Civil Rights Act of 1964

Title VII of the CRA states that discrimination against a person on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin is illegal.

It offers protections against retaliation for submitting a formal complaint about workplace discrimination, participating in an official discrimination investigation, or even actively resisting discriminatory acts at work.

The Equal Pay Act of 1963

This act makes it illegal for men and women to be paid different wages for the same work in the same workplace, and it also protects whistleblowers from retaliation.

The Age Discrimination in Employment Act of 1967 (ADEA)

As its title suggests, the Age Discrimination in Employment Act prohibits any kind of age-related discrimination against people aged 40 or above in not just the workplace, but the throughout the entire hiring and employment process.

Title I of the Americans with Disabilities Act of 1990 (ADA)

In addition to offering anti-retaliation whistleblower protections, this act declares that it is illegal for private or government employers to discriminate against a person with a disability who is qualified for the position. Enforced by the EEOC, these anti-discrimination protections extend to a surprising amount of work-related situations, including the job application process, promotions, pay, and more.

Sections 501 and 504 of the Rehabilitation Act of 1973

Section 501 of the Rehabilitation Act of 1973 “prohibits employment discrimination against people with disabilities in the federal sector.”

Section 504 goes on to clarify the scope of the act’s anti-discrimination protections, explaining that they extend to “any program or activity receiving federal financial assistance or … conducted by a federal executive agency,” and that they don’t just apply to people with disabilities, but anyone who works for (or applied to) an applicable organization.

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)

Title II of GINA makes it illegal to discriminate against current or potential employees because of genetic information.

In other words, using an individual’s “genetic information” (which can include lab results or the medical history of an individual and their family) as a basis for discrimination is strictly prohibited, as is seeking out the genetic information of a current or future employee.

Family and Medical Leave Act (FMLA)

The FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”

It also prohibits retaliation against employees who have engaged in activities that are considered “protected” under the FMLA, such as filing a complaint about workplace discrimination.

Our New Jersey Workplace Retaliation Lawyers Can Help You

If you have suffered retaliation in the workplace after reporting unsafe practices or a violation of the law, you should have been protected and may have a claim. The experienced and knowledgeable whistleblower and workplace retaliation lawyers at McOmber McOmber & Luber, P.C. can help you claim justice and the compensation to which you are rightly entitled.

Call or contact us at our Red Bank, Marlton or Newark, New Jersey offices today to set up a consultation and learn more.

Filed Under: In the News

Primary Sidebar

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation