Do I Have an Employment Discrimination Case?
May 10, 2020
You go to work to collect a paycheck, not to be harassed or discriminated against. Despite the laws put in place to protect against employment discrimination, they, unfortunately still happen all the time. What are the signs of employment discrimination? Will you be fired for trying to do something about it? What exactly ARE your rights? We answer these commonly asked questions below.
What is Employment Discrimination?
Discrimination is when a protected class isn’t offered the same opportunities as everyone else. Sadly, in the workplace, this form of discrimination can impact anyone.These are the most common types of employee discrimination:
- Age discrimination
- Race discrimination
- Gender discrimination
- Pregnancy discrimination
- Disability discrimination
- Religious discrimination
- Sexual orientation discrimination
- Sexual harassment
Laws have been put in place to protect these groups. Federal laws include the Age Discrimination in Employment Act, Americans With Disabilities Act and the federal Equal Pay Act, to name a few, and state laws include The New Jersey Law Against Discrimination. These laws prohibit employers from discriminating against someone who is a minority, disabled, over the age of 40 and more. But what if you’re not sure you’re being discriminated against? What are the signs?
What Are the Signs of Employment Discrimination?
If you were passed over for a job, it doesn’t necessarily mean you were a victim of employment discrimination. There are, however, a few tall tale signs to be on the lookout for that may indicate discrimination at play. These may include:
- Unfair or unwarranted disciplinary action
- Belittling communication
- One racial and/or gender group continually being promoted, regardless of experience
- You’re often told demeaning jokes about your age or sexual orientation
- Inappropriate interview questions based on your race and/or gender
- Decrease in workload
The team at the Epstein Law Firm, P.A. will investigate the specific details of your case to determine its validity. The bottom line is that everyone deserves to have the same equal opportunity for fair treatment and advancement in the workplace.
What Are My Rights?
Employees have a right to a safe workplace, fair wages and to be free from all forms of harassment and discrimination. Additionally, workers are rightfully owed privacy in the workplace in connection to their personal property such as handbags, wallets and privately addressed mail. It’s important to note that employer-owned equipment such as computers and emails are not private and employees are granted limited rights to privacy as a result.
Similarly, job applicants have rights, regardless of whether or not they are ultimately hired at the company. Applicants should not be asked personal questions that are unrelated to the job they are applying for. While these kinds of cases can be more challenging to prove, they can be done if you believe you were unfairly discriminated against in your interview.
How Do I Deal with Workplace Discrimination?
If you believe that you are being discriminated against in the workplace, your best recourse is to contact a lawyer who is experienced in this area of the law. However, it’s important to also do the following:
- Keep a record of the behavior
- Report the behavior to management
Oftentimes, people have questions about whether or not they will face retaliation for bringing the offensive behavior up to management. This is a valid fear. The Equal Employment Opportunity Commission (EEOC) has stated that a large portion of cases they investigate have to do with employer retaliation against an employee who filed a complaint. If you experienced this, document it. The more evidence you have about your experience, the more helpful it will be to your lawyer and to finding a resolution.
Contact a Rochelle Park Employment Law Attorney to Discuss Your Discrimination Case in New Jersey
Individuals are afforded certain rights when they go to work. When these rights have been dismissed, workers have the right to pursue legal action. The attorneys at the Epstein Law Firm, P.A. have years of experience handling these types of discrimination claims. We’ve successfully represented clients in all forms of discrimination cases and advocated for their right to have a safe and hostile-free workplace. The Epstein Law Firm, P.A. represents clients in Paterson, Hackensack, Paramus, Englewood and throughout New Jersey. Call 201-380-7687 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 340 West Passaic Street Rochelle Park, NJ 07662.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.