Jaffe Glenn Law Group, P.A. strives to protect and defend workers’ rights in New Jersey and New York. It is illegal to be treated unfairly by an employer because of your race, or the color of your skin or your national origin. You should not be discriminated against by your employer based on your age or a disability that you have. You should not be treated differently because of your gender. These are some of the categories of discrimination under state and/or federal law, in which, as New Jersey Discrimination Lawyers and New York Discrimination Lawyers, we can assist you in standing up for your rights. Do not allow yourself to be victimized by your employer. You deserve to be treated fairly in your employment. To that end, it is imperative that you follow your employer’s policy regarding complaints for improper treatment, and put your complaints in writing.
Race Discrimination occurs when your employer treats you differently than other employees that are not your race. This can occur in many different scenarios, some more obvious than others. Are other employees being paid more or are they being promoted and you are not solely because of your race? Did someone else, equally or less qualified, receive a job instead of you, based solely on race? Have you been the victim of reverse discrimination? These situations most commonly occur when your employer is filling a management position. In order to attempt to hide their discrimination and seem fair, your employer may open the job to all qualified applicants, creating an appearance that all are being considered for the position. In other cases, your employer’s discriminatory actions may be more obvious. Has your employer placed job requirements that exclude you, based on the color of your skin? Has your employer placed job requirements that exclude you based on other race-linked characteristics, i.e. ban against afros, ban against facial features or height? Has your employer used selection criteria that has an adverse impact on people of certain races, i.e. arrest records, educational requirements, testing, general intelligence requirements? Are you a victim of Race Discrimination?
National Origin Discrimination occurs when workers are treated differently because they are from a different country or they have a different ethnicity. All too often we have clients come to us as victims of this disparate or unequal treatment. For example, especially in the current climate of our country, our employees that are from Mexico, or other similarly discriminated groups, are passed over from getting hired or promoted for positions, when they are more qualified than the other prospective hire that gets the job. Similarly, they are terminated because of their national origin, including discrimination based on their objective appearance to others. National Origin discrimination is treated broadly to include groups not necessarily independent nations.
Age Discrimination occurs when an employee or prospective employee is discriminated against based on their age without a bona fide occupational qualification reasonably necessary to the normal operation of that particular business. Age Discrimination protects not only older persons from being discriminated to the advantage of younger persons, but also protects younger persons from being discriminated to the advantage of older persons. As opposed to race discrimination, which prohibits both intentional and adverse impact discrimination, the federal Age Discrimination in Employment Act (“ADEA”) is less than clear as to whether adverse impact age discrimination is protected. The federal Age Discrimination in Employment Act prohibits age discrimination against individuals who are 40 years old or greater, and further prohibits discrimination within the 40-year-old or greater age group. In other words, an employer cannot discriminate against a 70-year-old to the advantage of a 55-year-old. Don’t let your age be a negative factor in your particular employment situation.
Disability Discrimination occurs when a worker with a disability, that can otherwise perform his or her job, is treated unequally and to the disadvantage of an employee or employees without a disability. Unless an accommodation would impose an undue hardship on the operation of an employer’s business, an employer has a duty to reasonably accommodate disabilities of both employees and applicants. “Disability” has a specific meaning within the law and the courts. “Reasonable Accommodation” has also been specifically defined and interpreted under the law and by caselaw.
Gender Discrimination Occurs when an employee is disadvantaged due to their gender/sex. For example, a male dominant sector of the business world passes a woman over for a position, in which she is clearly more qualified. No other women are in this level of management, and no women are in a position to give input as to whom the company hires. This fact pattern may be discriminatory, unless the employer has a bona fide occupational qualification (“BFOQ”) defense, meaning the employer can prove 1. A direct relationship between sex and the ability to perform the duties of the job; 2. The Bona Fide Occupational Qualification necessary to perform the central task of the job or central mission of the employer; and 3. There are no less-restrictive or reasonable alternatives. The BFOQ defense is interpreted very narrowly and the burden of proof is on the employer.
There are federal, state, and in some jurisdictions, even local laws, that protect workers from discriminatory treatment in the workplace. The discrimination may occur during the interview or hiring process, or while at work for an employer. The discriminatory treatment may result in termination from employment. If you, or anyone you know, has suffered from any of these demeaning, demoralizing, and illegal acts, please contact our New Jersey Discrimination attorneys.
Discrimination can upset both your work life and your personal life. If these situations sound or feel familiar, we can help you. The Jaffe Glenn Law Group, P.A., is dedicated to and compassionate about protecting workers and their right to be free from illegal discriminatory conduct both in New Jersey and in New York. We pride ourselves on correcting the wrongs against workers in the form of discrimination, regardless of the size of the violating company. Our law firm has represented thousands of employees and has experience as litigators in both the office as well as in the courtroom.
The Jaffe Glenn Law Group knows how very difficult it is to relive these humiliating events, but a failure to do so will only allow your employer’s unlawful behavior to continue. Contact our office and we will help you regain your strength as well as obtain the compensation that you deserve. Don’t settle for less, contact a New Jersey discrimination lawyer with the Jaffe Glenn Law Group to fight for your rights. Please call Jaffe Glenn Law Group to stand up for your rights at (201) 687-9977.