New Jersey Senate lawmakers recently passed a bill to prohibit discrimination based on height and weight, which aims to expand the state’s current anti-discrimination protections. Passing with a 22 to 14 vote, the bill includes exceptions for occupational qualifications and safety. If enacted, New Jersey would join Michigan as the second state with such protections, following a similar move by New York City.
The move seeks to augment the robust framework of New Jersey’s Law Against Discrimination (NJLAD), which, along with federal laws, safeguards individuals from workplace discrimination on various grounds.
Although the Bill has not yet been introduced in the State Assembly, which needs to occur before the legislation can be approved, it is a step in the right direction for anti-discrimination law.
What is Employment Discrimination in NJ?
Discrimination in the workplace can encompass a wide range of unjust practices, from termination and demotion to differential treatment and the creation of a hostile work environment.
NJ state law mandates a workplace free from harassment and explicitly prohibits denying employment, promotion, compensation, or benefits based on protected characteristics, such as race, pregnancy, and chronic illness. These protections have now been extended to discrimination based on height and weight.
What Laws Does NJ Have to Protect Against Discrimination?
The New Jersey Law Against Discrimination (NJLAD) is the main law that protects NJ employees from discrimination in the workplace, such as issues based on race, national origin, age, sex, gender, sexual orientation, marital status, religion, disability, pregnancy, or military status. It covers all aspects of employment, including hiring, promotion, compensation, and termination.
With the latest bill, the NJLAD’s protections would extend to those facing discrimination for their height and/or weight. If you have been a victim of this type of discrimination, don’t hesitate to reach out to us as soon as possible.
What Federal Laws Protect Against Discrimination?
In addition to NJ state laws, federal laws protect against discrimination, as well. These laws include:
- Civil Rights Act of 1964 (Title VII): Prohibits employment discrimination based on race, religion, sex, and national origin.
- Americans with Disabilities Act (ADA): Protects individuals with disabilities from discrimination.
- Age Discrimination in Employment Act (ADEA): Shields employees from age-based discrimination.
- Family and Medical Leave Act (FMLA): Entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons.
- Pregnancy Discrimination Act (PDA): Prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Steps to Take if You Face Discrimination
If you encounter discrimination, document every incident meticulously, report the issue to HR or a superior, and consider seeking legal counsel. An employee must also show evidence that they were terminated, demoted, denied promotion, or harassed because of a protected trait.
Understanding your rights under New Jersey law and federal statutes is crucial in navigating and addressing these situations effectively. Remember that you are not alone in this situation; discrimination is against the law, and our team of attorneys is ready to hear your case.
An Experienced NJ Employment Discrimination Attorney Can Help You
Employment discrimination is a serious problem across multiple industries. It damages workplace morale, can lead to the creation of a hostile work environment, and much more. If you’re a member of a protected class and have faced discrimination, call the lawyers at McOmber McOmber & Luber, P.C. today. Our employment discrimination attorneys in Red Bank, Marlton, Newark, New York, and Philadelphia can take action. Contact us for a free consultation.