State and federal laws function to protect employees from discriminatory actions that affect their employment. Similarly, job applicants have rights in regards to how they are treated when applying for employment. Discrimination is based on “protected classes”, including race, sex, age, color, national origin, religion, sexual orientation, just to name a few. If you were denied employment or subject to offensive behavior based on these protected classes, you may have a claim of discrimination. New Jersey’s hiring process prohibits employers from doing certain things and asking certain questions when looking to hire you for the job. To do so may be a violation of the New Jersey Law Against Discrimination (NJLAD). Typically, an employer will advertise an open position, request resumes, and ask for potential candidates to fill out applications. Next, a call is made for an interview and then the interview takes place. If all goes well, you’ll be hired within the week. However, if you were not hired and believe that it was because of a protected class, you may be able to file a lawsuit against the employer.
The New Jersey Law Against Discrimination and the New Jersey Employment Advertising Rule (NJ Admin Code 13 § 11-1.1) make it illegal for any employer, union, or employment agency to place an advertisement which specifies characteristics of protected classes, with a few exceptions. If the job requires a legitimate occupational qualification, such that it is reasonably necessary to the normal operation of the job, an employer is allowed to state that in the advertisement. On the other hand, if the employer adds that no one over 50 should apply, that may be illegal under age discrimination laws. The New Jersey Law Against Discrimination further prohibits an employer from denying employment or putting any job applicant at a disadvantage during the hiring process because of a protected class.
If you have been denied employment or treated differently during the hiring process because of a distinguishing characteristic, the prospective employer may be breaking the law. According to the NJLAD and the New Jersey Employment Advertising Rule, you can take action to protect your rights. You have the right to file a complaint with the Division of Civil Rights and bring the employer to a state court. The court may award you damages for pain and humiliation experienced as a result of unlawful discrimination, punitive damages, and attorney fees.
The Mark Law Firm, LLC has served victims of discrimination for over 15 years. Our attorneys have the experience and effectiveness to help you through your legal matter. Looking for employment is hard enough and when you are denied employment or put at a disadvantage because of a characteristic, you have a lot to consider. Retaining a passionate and committed law firm is in your best interests. If you need our legal services, contact The Mark Law Firm, LLC today.