Newark Employment Law

Experienced Employment Lawyers (Workplace Rights) Helping Newark Residents and Employees

When you go to work, you hope that you will be judged on your job performance rather than your Race, Religion, Gender, Nationality, Pregnancy, Criminal History, or Age, and that you will not be subjected to Sexual Harassment. Unfortunately, not all employers follow the many anti-discrimination laws that protect workers in New Jersey and around the country. At Phillips & Associates, our Newark employment lawyers have successfully brought many lawsuits arising out of discrimination, harassment, and retaliation, among other issues. We may be able to help you recover damages as well.

Pursuing an Employment Claim

Workplace discrimination is prohibited under the New Jersey Law Against Discrimination (NJLAD) and numerous federal laws. Some of the main federal laws that prohibit discrimination include Title VII, the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Each of these carves out protections for certain groups. For example, ADEA protects employees who are 40 years old or older. The ADA protects workers who are significantly impaired in a major life activity.

The Equal Employment Opportunity Commission In New Jersey

Many federal anti-discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC). You will need to file a charge with the EEOC before bringing a federal lawsuit. The EEOC may investigate or ask you to participate in a mediation with your employer. Whether the EEOC finds there was discrimination or not, you should consult an attorney about bringing a lawsuit. Our employment attorneys can advise Newark workers on whether it is advantageous to bring a lawsuit under federal or state law.

In many cases, bringing a discrimination or harassment lawsuit under state law is more advantageous. This is because the New Jersey Law Against Discrimination applies to smaller employers and does not have the special damages caps that are imposed in connection with violations of federal anti-discrimination statutes. You may recover compensatory damages, and in cases of egregious discrimination, you may also be able to recover punitive damages.

Retaliation For Reporting Discrimination or Sexual Harassment

Many employees fear bringing a complaint of discrimination or harassment because they worry that they will suffer from retaliation. This happens when an employer punishes or penalizes an employee for engaging in a protected activity, such as filing a complaint with HR, filing a charge with the EEOC, or filing a lawsuit for damages in state court. Fear of retaliation is understandable, but the law provides protection for workers/employees who bring good-faith claims of discrimination and harassment. Retaliation in the workplace is illegal.

Your employer is not allowed to retaliate against you, whether or not you are right that you have been affected by discrimination or harassment. Even if a court determines that you were not actually a victim of sexual harassment, for example, your employer is not permitted to fire you for making the complaint or terminate your fringe benefits.. A worker who does not receive damages for the underlying discrimination claim may still be able to recover damages for a retaliation claim.

Hire an Experienced Employment Lawyer in Newark

Newark is New Jersey's second-most ethnically diverse city. Many major companies have headquarters in Newark, including Audible, Prudential, and Panasonic Corporation of North America. If you believe that you have a potential claim, the Newark employment attorneys at Phillips & Associates may be able to provide legal representation to pursue damages. Contact us at (866) 229-9441 or via our online form to set up a free appointment with a discrimination or sexual harassment attorney. Our employment lawyers help people in communities, such as Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington and Camden Counties.