When individuals face mistreatment in the workplace due to their experiences as survivors of domestic violence, it constitutes domestic violence discrimination. This form of discrimination can lead to job insecurity, emotional distress, and economic hardship. Understanding how domestic violence discrimination manifests is essential to recognizing and preventing such behavior.
Examples of Domestic Violence Discrimination
Domestic violence discrimination in the workplace occurs when employers or coworkers treat an employee unfairly due to their status as a victim or survivor of domestic violence. This can manifest in various ways, including:
- Firing or laying off an employee due to their domestic violence situation.
- Refusing to allow time off for court dates, counseling, or medical appointments.
- Demoting or reducing an employee’s hours after learning about their situation.
- Harassing or mocking an employee for being a victim of domestic violence.
- Ignoring requests for accommodations.
These examples are just some of the ways an employee’s rights can be violated, possibly resulting in legal action against an employer.
NJ’s Legal Protections for Employees
In New Jersey, victims of domestic violence are protected under the New Jersey Law Against Discrimination and the New Jersey SAFE Act. Employers cannot discriminate, harass, or retaliate against employees due to their status as victims of domestic violence, sexual assault, or stalking. If you’ve faced discrimination, you may have grounds for legal action against your employer.
Employers are also required to keep any information about domestic violence confidential. Breaching this confidentiality can result in legal consequences for the employer, in addition to the emotional and psychological toll it may take on the employee.
Can I Be Fired for Being a Victim of Domestic Violence?
It is illegal to fire someone specifically for being a victim of domestic violence. There are protections under the FMLA and New Jersey SAFE Act, such as allowing leave for issues related to domestic violence, such as court appearances, medical treatment, or counseling. If you are fired for taking this leave or due to your status as a victim, your employer may be violating state law.
Can My Employer Deny Time Off for Court or Medical Treatment?
No, under the New Jersey SAFE Act, your employer cannot refuse you time off for court appearances related to domestic violence. You are entitled to up to 20 days of unpaid leave per year for attending court hearings, obtaining legal remedies, and other related matters. If your employer denies this leave, they may be violating your rights.
Can I Be Fired for Missing Work Due to Domestic Violence?
You cannot be fired solely for missing work to handle domestic violence-related matters, especially if you are utilizing the leave provided under the New Jersey SAFE Act. If you are terminated for taking leave to deal with domestic violence, your employer may be violating state law, and you could potentially take legal action.
Contact Our Domestic Violence Discrimination Attorneys Today
Domestic violence discrimination in the workplace is a serious issue that can have lasting impacts on survivors. Whether unjust termination, refusing medical leave, or worse, this type of discrimination is unacceptable and illegal. The dedicated attorneys at McOmber McOmber & Luber, P.C. are here to help, providing a free consultation to discuss your case and legal options. Contact our NJ, NY, or PA offices today to learn more.
