McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

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Employment Discrimination Attorney | Header Image | McOmber McOmber & Luber

Employment Discrimination Attorney

Employment discrimination is unfortunately a common problem in workplaces throughout New Jersey. Discrimination against certain protected classifications of people in the workplace can take the form of termination, harassment, retaliation, hostile work environments, and more. According to the U.S. Equal Employment Opportunity Commission (EEOC), there were 1,480 total Charges of Discrimination filed against employers in New Jersey in 2019. Of these charges, 32.2% were based on race, 29.5% were based on sex, and 14.3% were based on national origin. Fortunately, the New Jersey Law Against Discrimination (NJLAD), along with various federal statutes enforced by the EEOC, provides employees with strong legal protection against employment discrimination.

With offices in Red Bank, NJ, Marlton, NJ, and Newark, NJ, McOmber McOmber & Luber, P.C. represents both employees and employers throughout the state in a wide range of employment discrimination matters. Our lawyers are known for their ability to produce results and provide effective advocacy. Having handled cases for both employers and employees, we understand the specific tactical and strategic issues involved on both sides of an employment discrimination case. With our depth and breadth of experience, we can anticipate likely challenges and work tirelessly to overcome them.

Who is Protected by New Jersey’s Law Against Discrimination?

The NJLAD “makes it unlawful to subject people to discrimination or harassment” based on a specific list of classifications. Under New Jersey law, the following types of discrimination in the workplace are prohibited:

In particular, employers are increasingly held accountable for discrimination against pregnant women or employees dealing with medical situations. According to the Family and Medical Leave Act (FMLA), which applies only to certain types of businesses, pregnant women’s jobs are required to be temporarily reserved during their maternity leave. Also, jobs are to be temporarily reserved for employees suffering from a medical condition or who have to take a leave to deal with specified family matters. Where applicable, the failure of a company to comply with the Family and Medical Leave Act (FMLA) is a violation of employee rights. McOmber McOmber & Luber, P.C. is poised to assess your particular matter, to advise you on the applicable employment discrimination statutes, and to advocate tenaciously on your behalf.

What Qualifies as Employment Discrimination in NJ?

Discrimination in the workplace can cover a broad spectrum of activity specifically targeting members of the protected classes, including:

  • Termination or Demotion
  • Failure to Recruit or Hire
  • Differential Treatment or Pay
  • Withholding Training, Promotions or Career Advancement
  • Being Subjected to Harassment or Increased Scrutiny
  • The Existence of a Hostile Work Environment with Severe and Pervasive Harassment
  • Terminating or Disciplining an Employee in Employment Discrimination Retaliation for Making a Complaint

How Do You Prove Employment Discrimination?

In order to prove that you have been discriminated against at work, you must be able to show evidence that you were treated differently to another employee with similar circumstances, and that this treatment happened because of your membership in a protected class. This can include:

  • Direct Evidence, for example if your employer admits that you were not hired, passed over for a promotion, terminated, or otherwise treated differently because of your pregnancy, age, race, disability, or other protected classification.
  • Circumstantial Evidence showing that your employer acted differently than usual or bypassed standard protocols because of your membership in a protected class, for example:
    • Your boss fires you for an infraction that did not occur, does not make sense, or only resulted in a warning for other employees.
    • You are fired or demoted under suspicious circumstances, for example right after you announce your pregnancy or right after you get injured.
    • Hiring someone other than you who has the same qualifications.
    • A history of other employees in protected classes being treated differently.

Employers facing accusations of discrimination must also work closely with lawyers who can develop the strongest possible defenses to these claims. Our firm represents a wide range of employers to prevent, investigate, and defend discrimination claims.

Where Do I File a Discrimination Complaint?

If you believe your employer has discriminated against you based on your race, age, pregnancy, disability, or other protected classification, you should contact an employment discrimination attorney first to discuss your rights and options.

After speaking with a lawyer, your next move will most likely be to file an internal complaint with your company’s human resources department or labor union. This gives your employer an opportunity to resolve the issue without having to go through the legal process. If you are not satisfied with your company’s response after going through the proper channels, it may be time to consider a lawsuit.

An Experienced NJ Employment Discrimination Attorney Can Help You

Employment discrimination is a serious problem for both employers and employees that can damage workplace morale, diminish the dignity and livelihood of employees, and result in costly lawsuits. Whether you are an employer defending against a discrimination claim, or an employee who has been subjected to discrimination, our employment discrimination attorneys in Red Bank, Marlton, and Newark can take action. We will provide you with a clear and candid evaluation of any potential employment discrimination claims, as well as all legal options and recourse available to you.

Employment Discrimination Attorney FAQs

  • What Are Discriminatory Interview Questions?

    Employers who ask questions during interviews that would reveal information pertaining to protected characteristics without having a job-related basis, and then use that information to make their decision, are violating state and federal discrimination laws. Sometimes inappropriate questions are easy to recognize such as, “How old are you?”, while others are less obvious. For more information on discriminatory interview questions, click here.

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  • I’ve Been Discriminated Against. What do I do?

    If you believe your employer has discriminated against you based on your race, age, pregnancy, disability, or other protected classification, you should contact an employment discrimination attorney to discuss your rights and options. After speaking with a lawyer, you will most likely file an internal complaint with your company’s human resources department or labor union. This provides your employer with the opportunity to resolve the complaint and discrimination before resorting to the legal process.

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  • What Are the Department of Labor Guidelines for Religious Expression in Private Work Areas?

    In the private work area (an area not regularly open to the public), the DOL allows religious expression to the same extent that non-religious private expression is allowed. Supervisors are allowed to limit religious expression if it interferes with the agency’s ability to do its work properly. However the restriction is not to be of the content or viewpoints of the religious expression. For example the supervisor may ban posters in general, regardless of content, but may not specifically ban or endorse the hanging of religious/anti-religious posters.

  • What Are the Department of Labor Guidelines for Religious Expression in Official Communications?

    Departments and agencies have the right to determine what is appropriate in their official correspondence, this includes email messages. Supervisors may limit correspondence strictly to the business matter being discussed and bar the inclusion of extraneous information religious or otherwise.

  • If an Employer Provides Flexible Working Accommodations to Employees with Children During the Pandemic, are There Sex Discrimination Issues?

    Not necessarily. An employer may provide telework, modified schedules, or other benefits to employees with children without running into sex discrimination issues. Employers may provide flexible working accommodations as long as they are not treating employees differently based on sex or other protected characteristics. By way of example, female employees cannot be given more favorable treatment than their male counterparts based on a gender-based assumption about who has caretaking responsibilities for children.

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  • Under the EEOC, what Waiver Responsibilities Apply When an Employer is Conducting Layoffs?

    Unique rules apply when an employer offers employees a severance package in exchange for a general release of all discrimination claims against the employer. More information is available in EEOC’s technical assistance document on severance agreements.

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  • What Does President Biden’s Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform Do?

    The order explicitly declares that gender identity is not a bar to military service. Additionally, it officially revokes President Trump’s Presidential Memorandum on Military Service by Transgender Individuals.

  • Does the American Bar Association Have any Guidelines to Prevent Discrimination in the Courtroom?

    The American Bar Association (ABA) has a rule that prohibits lawyers from discriminating against or harassing any individual based on race, sex, religion, disability, pregnancy, national origin, ethnicity, age, sexual orientation, marital status, or socioeconomic status. The rule protects counsel, defendants, plaintiffs, witnesses, or any individual involved in the process of practicing the law from sexist, derogatory, or offensive verbal or physical actions. These and other condescending or inappropriate gestures are now defined by the ABA as “harmful verbal and physical conduct that manifests bias or prejudice toward others.” Lawyers that knowingly engage in this type of behavior are in direct violation of the rule and subject to penalty.

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  • What Are the New Jersey Law Against Discrimination’s Public Accommodations Protections as Applied to COVID-19?

    COVID-19 related discrimination is prohibited in places of public accommodation. A place of public accommodation is a business that is generally open to the public, such as retail stores, schools, libraries, medical facilities, and recreational facilities. The guidance explains that a medical facility, for example, has a duty to not engage in disparate treatment of patients on the basis of race, national origin, or disability.

  • What Are the New Jersey Law Against Discrimination’s Housing Protections as Applied to COVID-19?

    Landlords cannot refuse to rent a property to an individual or refuse to make necessary repairs to a tenant’s apartment because they fear contracting COVID-19 due to the individual’s race or national origin. The landlord may take reasonable steps to protect himself and other tenants from COVID-19, however, these steps cannot consist of actions based on race or national origin stereotypes.

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