New Jersey Workplace Discrimination

Workplace discrimination is a cancer.  It is a cancer which our New Jersey employment discrimination lawyers are committed to fighting.  Like cancer, society has made great strides, but has been unable to wipe workplace discrimination out.  Like cancer, discrimination is deadly.   People’s livelihood and their ability to feed their family depend upon their jobs.  Discriminatory firing, being passed over for promotion, unequal pay and demotions all undermine a person’s ability to take care of their family and get ahead in life.  Likewise, harassment in the workplace for no reason other than who employers are, how they worship, or what they look like can have devastating financial and emotional consequences.  Well over half a century after Brown vs. Board of Education, the “glass ceiling” and the “old boys club” live on.  Workplace discrimination unfortunately, still exists. 

Our New Jersey employment attorneys have a long history of helping victims of workplace discrimination.  Attorneys at McLaughlin & Nardi, LLC are committed to obtaining justice for the victims of workplace discrimination in New Jersey. 

We represent all types of employees, in both the public and private sector, who have been the victims of discrimination.  Our New Jersey executives and janitors, Ph.D’s and high school dropouts, people of every ethnicity, religion, age, disability and  gender description.  We represent both private sector and government employees.  We represent at-will, contract and civil service employees.

Likewise, our New Jersey employment attorneys handle discrimination cases under all relevant federal and New Jersey anti-discrimination laws, including New Jersey’s Law Against Discrimination, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the New Jersey Family Leave Act (FLA), among many others.

If you have been the victim of discrimination, we are here to fight for your rights.


Illegal Discrimination

Both Federal and state law prohibit discrimination in employment.  However, New Jersey employment law provides far more protection. New Jersey's Law Against Discrimination like federal law, prohibits discrimination in employment because such reasons such as race, religion age or gender.  New Jersey goes further, however, prohibiting employees from discrimination based on almost any personal quality which they cannot change, including HIV related illnesses, Domestic partnership or civil union status, sexual orientation, Atypical hereditary cellular or blood trait, Gender identity and Genetic information.  Likewise, in New Jersey employers cannot discriminate against employees because of who they love or live with.  Employers also cannot discriminate because of an employee's liability for military service.

Unlawful discrimination can impact an employee in many ways, such as firing, demotion, failure to hire, failure to promote, reduction in pay, failure to give a raise or bonus, unequal pay, refusal to give training, transfer to less desirable positions or duties,  and poor evaluations.

Discrimination  can take any form.  For example, while sex discrimination normally occurs by a man discriminating against a woman, it is every bit as illegal for a woman to discriminate against a man – or even another woman.  Likewise, “misaimed” discrimination is also illegal.  For example, a recent case found an employer violated the law because two supervisors discriminated against an employee because they thought he was Jewish, even though he wasn’t.  Our employment attorneys fight to obtain justice for the violations of all forms of discrimination.

Discrimination can take many forms, but generally break down into three types: intentional discrimination, disparate impact discrimination, and harassment.


Intentional Discrimination

While intentional discrimination is the most blatantly illegal form, it is often difficult to prove.  There is rarely a “smoking gung” – even bigots are usually smart enough not to leave a paper trail, and they will normally give a false and non-discriminatory reason for discipline or termination.   It is therefore important to have an experienced New Jersey employment attorney who can sift through the evidence, find circumstantial evidence, and build strong inferences even when there is a weak “paper trail.”

For example, if an employer or supervisor has “buried” the evidence, subtle evidence may be needed, such as comparing the demographics of those who were hired, promoted, given raises or bonuses, against those who were fired, demoted or passed over.   Our attorneys are highly experienced at fighting for the rights of victims of internal discrimination.


Disparate Impact

Employment discrimination does not need to be intentional.  A practice which is neutral on its face is still illegal if it has the effect of having an unjustified and severe negative impact on employees of a particular group. 

Some employment actions which have a disparate impact are not illegal, provided they are taken for a valid business reason.  For example, if a company was opening an office in Russia and needed to hire ten Russian translators, it is likely that most of them would be Russian because there are a limited number of non-Russians who are fluent in Russian.  This would be perfectly legal because of a legitimate business necessity.   However, a layoff which overwhelmingly terminated older workers, women or a particular minority would be illegal.  


Harassment

Many times discrimination, whether intentional or disparate impact, is inextricably intertwined with harassment.  Harassment includes intimidation, bullying, coercion, unwelcome gestures, comments, unwelcome touching, which, when done because of who the employee is, is illegal.

It is illegal to harass an employee because of any other reason protected under state or federal anti-discrimination laws.

Sexual photographs, racial jokes, religious antagonism, and hazing because of orientation, all undermine an employee’s position at work, cause career damage, and can cause severe psychological harm.  Sexual harassment damages relationships with co-workers, mentors, supervisors, subordinates, contractors, vendors and customers. It can harm an employee’s marital and family life.

Harassment is illegal and no one should have to deal with it at work.  Our attorneys have long experience in fighting for the rights of employees who have suffered illegal discrimination.

McLaughlin & Nardi’s New Jersey Employment Attorneys

Our lawyers have represented many employees who have been the victims of illegal discrimination.  
  • A Bergen police lieutenant who was the victim of racial discrimination
  • A financial services representative who was the victim of racial discrimination
  • A tech company employee who was the victim of discrimination because she was a lesbian
  • A bank employee who was the victim of gender discrimination
  • Emergency medical technicians who were discriminated against because they were Muslim
  • A payroll manager who was discriminated against because of her gender.
  • A Hudson County hotel manager who was discriminated against because of her sex.
  • A hotel employee who was discriminated against because he was Hispanic
  • An executive in medical physics in who was the victim of sexual harassment
  • A Russian and Jewish building custodian in Essex County who was the victim of racial and religious discrimination
  • A Bergen County retail manager who was fired because he was a man
  • School employees from Clifton who were discriminated against because of their race and age
  • A  production worker from Paterson who was discriminated against because of her religious beliefs and because she was Dominican
  • An retail worker who was fired for refusing to have sex with her supervisor
  • An logistics worker who was discriminated against because he was a veteran with PTSD
  • Locksmiths discriminated against because they were Dominican and Columbian
  • A maintenance worker who was fired because she was Hispanic
  • A financial services worker who was fired because he was gay
  • A Jersey City employee of a charitable organization who was a victim of reverse discrimination because of his race
  • A Somerset County teacher who was discriminated against because of her gender
If you have been the victim of workplace discrimination, e-mail us or call (973) 890-0004.  We are experienced at combating discrimination, and committed to fighting to obtain just compensation for you.

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