Comprehensive Guide to Employment Discrimination

Employment discrimination occurs when an employer treats an employee or job applicant unfairly due to characteristics such as race, gender, age, pregnancy, chronic illness, disability, orsexual orientation. This unfair treatment can affect hiring, firing, promotions, job assignments, and other aspects of employment.

Common signs of employment discrimination include being treated differently from coworkers, receiving unjustified negative performance reviews, being passed over for promotions or pay raises, and facing harassment or a hostile work environment based on personal characteristics.

In general, some common signs of discrimination in the workplace can include:

• Being fired or demoted
• Not being recruited or hired
• Receiving different treatment or pay
• Denial of training, promotions, or career opportunities
• Experiencing harassment or excessive scrutiny
• Facing a hostile work environment
• Facing retaliation for filing a discrimination complaint

If you suspect you’ve faced employment discrimination, our office can help. Call us today to discuss your situation and see if you have a case.

Employment discrimination is still a very common issue. According to the EEOC, thousands of complaints are filed each year, which is an unfortunate indicator of the prevalence of workplace discrimination.

There are several types of employment discrimination, including but not limited to:

• Racial Discrimination: unfair treatment based on race or ethnicity.
• Domestic Violence Discrimination: threats of retaliation against victims of domestic violence.
• Gender Discrimination: unequal treatment due to gender or gender identity.
• Age Discrimination: bias against individuals because of their age, especially those over 40.
• Disability Discrimination: discrimination against individuals with physical or mental disabilities.
• Political Discrimination: hiring, firing, or discriminating against individuals based on their political beliefs.
• Chronic Illness Discrimination: receiving unfair treatment, including denial of reasonable accommodations, due to a chronic illness or condition.
• Pregnancy Discrimination: one of the most common forms of workplace discrimination, pregnancy discrimination extends to pregnancy-related conditions as well.
• Discrimination Against Immigrants: discrimination against immigrants or their national origin is against the law.

McOmber McOmber & Luber, P.C. is ready to review your case, explain the relevant employment discrimination laws, and vigorously represent you.

In New Jersey, the Law Against Discrimination, or NJLAD, offers strong protections against discrimination in the workplace on the basis of race, religion, gender, sexual orientation, and disability.

On the federal level, the Civil Rights Act, Americans with Disabilities Act, and the Age Discrimination in Employment Act safeguard employees from discriminatory practices. These statutes guarantee equitable treatment in employment-related activities, including hiring, promotions, job assignments, and termination.

Yes, the Supreme Court ruled in 2020 that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and gender identity. This decision provides legal protection for LGBTQ+ individuals against workplace discrimination.

Yes, employment discrimination can overlap with other forms of discrimination, such as racial, gender, or disability discrimination. Intersectional discrimination occurs when an individual faces bias due to multiple aspects of their identity.

To document employment discrimination, keep detailed records of incidents, including dates, times, locations, and individuals involved. Save emails, memos, performance reviews, and any other relevant documents. This documentation can support your case if you decide to file a complaint.

If you’ve been discriminated against at work because of your race, age, pregnancy, disability, or other protected characteristics, it’s a good idea to talk to an employment discrimination attorney first. They can help you understand your rights and what steps you can take.

After discussing the case with a lawyer, you can file a complaint with your company’s human resources department or labor union. This step gives your employer a chance to fix the problem internally, but if the outcome is unsatisfactory, it could be time to consider a lawsuit.