Discrimination can lead to significant emotional trauma that can cause conflict in all areas of life. Consequently, everyone has the right to be treated fairly in the workplace, and the law provides protections to ensure that your rights are protected. The employment discrimination lawyers at Leeds Brown Law can provide you with the assistance that you need to receive compensation for wrongs that were committed against you by your employer.
When Can You File for Discrimination?
Courts take discrimination violations very seriously since employers would abuse their employees unless the law was strictly enforced. Title VII is one of the main laws that courts look at when evaluating whether a discrimination violation took place. As long as your employer has at least 15 employees, Title VII can apply in your case.
One of the most well-known laws defined by Title VII is the law the protects against discrimination on the basis of race, religion, gender, or national origin. Many employers include disclaimers on employment documents stating that they do not discriminate on bases defined by Title VII in an attempt to avoid legal liability. In reality, simply stating that discrimination does not happen on an illegal basis does not provide employers with any protection.
The Equal Employment Opportunity Commission is the federal agency that is responsible for enforcing violations of Title VII. EEOC provides employees with significant protections since it has, for example, stated that employers are required to consider both genders equally when making hiring and firing decisions. In most companies, there are far fewer females who are working in any given position. If an employer is not hiring women equally on the basis of their gender, there would be a clear violation of Title VII as defined by EEOC.
Disabilities and age are also considered protected characteristics under Title VII. For disabled employees, the EEOC has clarified that employers can be subject to both civil and criminal liability for both Title VII violations and violations of the Americans with Disabilities Act. In many cases, therefore, employers are unable to fire people who have been injured on the job or people who are not selected for a job on the basis of their disability.
Employment Discrimination Laws in New Jersey
New Jersey has also enacted statutes that can protect employees against malicious termination. The Law Against Discrimination is a New Jersey statute that broadens the scope of discrimination protections to cover ancestry, creed, color, gender identity, family status, and domestic partnership status. Consequently, it can be difficult for employers to fire people who engage in infidelity outside the workplace or people who originate from foreign countries. The law even prevents employers from terminating employees because they have blood traits, such as sickle cell anemia or HIV.
If you want to file a case under the Law Against Discrimination, it is essential to demonstrate that you are protected under the law. For instance, you would have to show that you are a woman or a member of a minority race. You also have to show that you actually had an adverse action taken against you. Most importantly, it is essential to prove that the adverse action was taken on account of you being a member of a protected class.
The process of determining whether you qualify for compensation under federal or New Jersey laws can be quite technical and complex. You will have to be able to prove your case in court with proper documentation. You may have to get witnesses who can testify on your behalf. Additionally, you may face retaliation from an uncooperative employer. Relation will, however, only increase the amount of compensation that you are entitled to when your case is finished.
Get the Legal Assistance You Need
Leeds Brown Law works throughout New Jersey and New York to help the victims of discrimination violations to be made whole again. Speak to one of our discrimination lawyers today to start moving forward toward obtaining compensation for wrongful discrimination.