NEW JERSEY LAW AGAINST DISCRIMINATION

The New Jersey Law Against Discrimination prevents employers or those who operate place of public accommodation from discriminating against those who are identified as a "protected" class. In 1945 the Legislature amended its then-current Civil Rights Act to create the "Law Against Discrimination," initially only protecting individual rights based upon a prohibition of discrimination due to one's race, creed or color, to also protect those of national original and ancestry. In 1945 the law against discrimination was also expanded to eradicate discrimination in the work place.

The NJ Law Against Discrimination has come a long way since 1945, but not far enough to protect the rights, beliefs and fundamental freedoms of people in New jersey. The Law Against Discrimination now prohibits discrimination in places of public accommodation, but it was not until 1972 did the act protect those who are handicapped or disabled. In 1991 it was again expanded to include prohibition of discrimination based upon one's "affectional or sexual orientation." As we move forward in the fight for individual rights, the NJ Law Against Discrimination currently protects employees from discrimination based upon race, creed, color, national origin, ancestry, age, marital status, domestic partnership status, affectional or sexual orientation, genetic information, sex, disability or atypical heredity cellular or blood train, armed forced o f the United States or those who refuse to submit to a genetic test.

1. How do I know If I Have Lawsuit Pursuant to the Protections of the NJ Law Against Discrimination?

   Generally, there are a few preliminary questions you may ask yourself to find out if you are a victim of invidious employment discrimination. Take a quick moment and answer a few questions:

   1. Am I a member of one or more of the NJ Law Against Discrimination classes? (race, creed, color, national origin, ancestry, age, marital status, domestic partnership status, affectional or sexual orientation, genetic information, sex, disability or atypical heredity cellular or blood train, armed forced o f the United States or those who refuse to submit to a genetic test).
   2. Was I treated in a way others were not (i.e., discrimination) because of my membership in the above class?
   3. As a result of the discrimination did an adverse employment action occur (such as termination, suspension, demotion, transfer, loss of promotion, loss of pay, denial of a benefit of financial value, or change in classification, just to name a few).
   4. Did I complain to anyone about the discrimination?
      Also ask yourself the following question to help evaluate the value of your case:
   5. How much money have I lost due to the employer's (or supervisor's) discrimination against me?
   6. Have I undergone psychological counseling as a result of the discrimination?
   7. How egregious (or intentional) was the discrimination committed against me?
   8. Do I have any evidence to support my claims, such as:
      1. Witnesses who will come forward;
      2. Documents to support my claims;
      3. Video or audio recordings
      4. Statistical evaluation or calculations; and
      5. Other information relevant to your claim?

   If you feel that your employment environment is hostile to the point you are able to answer each question "yes" and you have adequate supporting evidence to further your claim, you may have a cause of action against your employer.

2. Am I Working in a Hostile Work Environment?

   A hostile work environment implies more than just a misunderstanding, dispute or disagreement with your supervisor over a policy or the day-to-day functions of the job. In order to prove a hostile work environment claim, you'll need to demonstrate:

   1. harassment occurred because you are member of a protected class;
   2. the harassment was "severe or pervasive";
   3. a reasonable person within your protected class would believe;
   4. that the conditions of your employment were hostile and abusive.

   If you are able to answer "yes" to each of these questions, you may be able to prove a hostile work environment claim.

   In each instances in which the employer has violated the New Jersey Law Against Discrimination, the employer may be found liable for not only economic damages, but also for emotional distress claims, interest, and possible even attorneys fees and punitive damages. An employer is only liable for punitive damages if it can be proven that "upper management" (a) actually participated or (b) refused to act to prevent the egregious conduct.

3. Am I victim of Retaliation?

   The Law Against Discrimination provides protection to employees who have filed a complaint, testified or assisted in any proceeding under the Act, or from coercion, intimidation, threats or interfered with any person or from anyone who aids, abets, entices, etc.. another person in violation a persons rights under this Act.

   You have the burden to prove retaliation and must show:

   1. I engaged in protected activity;
   2. I was subjected to an adverse employment action; and
   3. the activity was connected to the adverse action.

LAD - DISABILITY DISCRIMINATION - ACCOMMODATIONS

Reasonable accommodations cases slightly differ from the normal discriminating cases as there is no requirement of employer "motive" to discrimination. Instead, the Law Against Discrimination requires the employer to act once it knows or should reasonable know that an employee requires an accommodation due to a disability.

REMEDIES PURSUANT TO THE LAW AGAINST DISCRIMINATION

The basic purpose of damages in a Law Against Discrimination case is to make the victim whole by placing him in the economic position thy were in prior to the unlawful discrimination. Generally speaking, you may be entitled to back pay, front pay, reinstatement, compensatory damages, punitive damages and attorney's fees and costs, and prejudgment interest.

1. Back Pay - Pursuant to the Law Against Discrimination back pay may be awarded, which includes salary, pay increases, overtime and all fringe benefits (such as retirement plan contributions, profit sharing, and reimbursable health coverage). Employers are typically given a credit toward the "back pay" award for all payments received all post-termination income such as salary, wages, severance payments, and sometimes even unemployment. Additionally, the normal Back Pay award stops once you start earning an equal or greater salary from a new job.
2. Front Pay - Pursuant to the Law Against Discrimination front pay may be awarded because it is necessary to place you back into the same place had you continued employment post-trial and is in lieu of reinstatement.
3. Reinstatement - just as it sounds, an employee may be placed into a position that was once taken from them. Pursuant to the Law Against Discrimination this includes reinstating the employee, but could also be a promotion or different position that you should have received but for the retaliation.
4. Compensatory Damages - Pursuant to the Law Against Discrimination, compensatory damages are permitted to "recover all natural consequents of that wrongful conduct, including emotional distress and mental injuries."
5. Punitive Damages. Pursuant to the Law Against Discrimination, punitive damages may be awarded when the wrongdoer's conduct is (1) especially egregious, and (2) upper management actually participated in or was willfully indifferent to the conduct. The New Jersey Law Against Discrimination are excluded from the Punitive Damages Act, and therefore are not capped. Furthermore punitive damages may be ordered against a municipality or public entity.
6. Attorney's fees. Pursuant to the Law Against Discrimination, the prevailing Plaintiff may be entitled to recover attorney's fees and costs to be paid by the Defendants. The amount of the attorney's fees awarded is within the discretion and is critically evaluated by the Court. The Court may not only award attorney's fees, but when a mater is taken on contingency, the Court may multiply the attorney fee to compensate the attorney for taking a contingency case because of "the risk of non-payment in all cases in which the attorney's compensation is entirely or substantially contingent on a successful outcome."
7. Prejudgment Interest. Pursuant to the Law Against discrimination, the Court may award for prejudgment interest on damages to indemnify you for loss of money which could have been earned if the payment had not been delayed due to the Employers discrimination. The prejudgment interest is only appropriate for back pay.
8. You Also Have Obligations - If you have been illegally fired, you cannot simply sit by and hope that a jury awards you money for your lost wages. You must take adequate, prompt and reasonable steps to find new employment. You are required only to find a job which is similar in nature to the one you have lost, in the same or similar field, and within the same or closely related job duties you previously held. You can, however, after a reasonable period of time, resolve yourself to taking a lower paying and lesser job. You should certainly speak to your attorney during the mitigation process.