|
Laws Protecting Individuals from Workplace Discrimination, Harassment and Retaliation
Employment Discrimination Laws
In New Jersey and New York, employers are not permitted to discriminate, harass or retaliate against their employees based upon their race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, sex or disability. In today’s day and age, employees should not tolerate discrimination, harassment or retaliation because of these reasons. There are strong laws protecting you from such adverse employment action. Click here to find out how to receive a FREE newsletter and consultation relating to your rights under such laws.
Small Businesses and Employers should also take appropriate steps to ensure that they are in compliance with various employment laws, have an updated employee manual, and obtain appropriate liability protection. The Firm assists small businesses with creating such liability protection.
New Jersey’s Law Against Discrimination
The New Jersey Law Against Discrimination PROHIBITS employment discrimination based on the following characteristics:
| |
It shall be unlawful employment practice, or, as the case may be, an unlawful discrimination:
(a) For an employer, because of the race, creed, color, national origin, ancestry, age, marital status, domestic partnership status, affectional or sexual orientation, genetic information, sex, disability or atypical hereditary cellular or blood trait of any individual,…to refuse to hire or employ or to bar or to discharge ... from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.... |
|
The LAD protects you from being fired, retaliated against, or harassed if you fall into the above categories. However, as with any legal case, you should consult with an attorney to fully explore your rights and the strength of your claim. Click here to find out how to receive a FREE newsletter and consultation.
In 1945, when the New Jersey Law Against Discrimination became law, the New Jersey Supreme Court noted that it was a law of the highest order whose purpose was nothing short of the eradication of discrimination. In subsequent cases, the New Jersey Supreme Court has held that the New Jersey Law Against Discrimination was enacted to protect the fundamental principle of our society of a discrimination-free workplace as well as the protection of the civil rights of individual aggrieved employees.
As with any legal case, you should consult with an attorney to fully explore your rights and the strength of your claim. Click here to find out how to receive a FREE newsletter and consultation.
Conscientious Employee Protection Act (Whistleblower Statute)
The Conscientious Employee Protection Act (“CEPA”), N.J.S.A. 34:19-1, et seq., provides protection for employees against retaliation if they object to or refuse to participate in violations of laws, rules, or regulations, fraudulent or criminal behavior, or violations of public policy. CEPA provides:
| |
An employer shall not take any retaliatory action against an employee because the employee does any of the following:
c. Objects to, or refuses to participate in any activity, policy or practice which the employee reasonably believes:
(1) is in violation of a law, or a rule or regulation promulgated pursuant to law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care;
(2) is fraudulent or criminal; or
(3) is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. |
|
N.J.S.A. 34:19-3.
CEPA protects whistleblowers from retaliation when they engage in certain activities. These protections arise out of the public’s concern for the well being of its work force and citizenry and out of the strongest of public policy concerns.
If you believe that you have been the victim of retaliation for blowing the whistle at your place of work, you should consult with an attorney to fully explore your rights and the strength of your claim. Click here to find out how to receive a FREE newsletter and consultation.
Protection from Pregnancy Discrimination
The LAD has been construed to prevent discrimination based on pregnancy. On a federal level, the Pregnancy Discrimination Act prohibits women from being discriminated against because they are pregnant. Pregnant women are also permitted to take up to twelve (12) weeks of unpaid leave under the New Jersey Family Leave Act. The Family Leave Act provides job security and protects women from being discriminated against or retaliated against for taking leave within the twelve (12) week period.
If you believe that you have been the victim of pregnancy discrimination, you should consult with an attorney to fully explore your rights and the strength of your claim. Click here to find out how to receive a FREE newsletter and consultation.
New York’s Human Rights Law
Similarly, the New York Human Rights Law PROHIBITS unlawful discriminatory practices. The New York Statute is clear and states, in part:
| |
1. It shall be an unlawful discriminatory practice:
(a) For an employer or licensing agency, because of the age, race, creed, color, national origin, sexual orientation, military status, sex, disability, genetic predisposition or carrier status, or marital status of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. |
|
While the New York Human Rights Law protects you from being fired, retaliated against or harassed if you fall within the above categories, you should consult with an attorney to determine the strength of your claim. Click here to find out how to receive a FREE newsletter and consultation.
Federal Causes of Action
There are also a number of federal laws that protect employees from discrimination, harassment, and retaliation in the workplace. If you feel you have been discriminated against, you should consult with an attorney to determine whether it is appropriate to assert only state claims or both state and federal claims.
Click here to find out how to receive a FREE newsletter and consultation.
|
|
