Articles Posted in Other Discrimination

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State HouseIf you follow the news as it relates to politics and the law, you are probably familiar with the many stories about federal courts wrestling with questions regarding how far the protections of federal anti-discrimination law extend, particularly as it relates to sexual orientation and gender identity. Fortunately for workers here, New Jersey has a state law that extends the legal prohibitions against discrimination even further than the federal law does. As a worker in New Jersey, the Law Against Discrimination protects you from a wide array of forms of discrimination at work. Whether you’ve been fired, demoted, denied promotion, harassed, or otherwise harmed at work due to discrimination, you may have a claim for recovery through a civil action under the Law Against Discrimination. To find out more about your rights and how you can potentially obtain monetary compensation due to workplace discrimination, you should reach out to a knowledgeable New Jersey employment discrimination attorney.

The New Jersey Law Against Discrimination was originally signed into law in 1945. In the nearly 75 years since then, it has been amended several times to expand the range of protections it offers. Most people probably know that this law protects workers from employment discrimination based on race, sex, creed/religion, national origin, age, and disability. However, New Jersey’s does much more.

As noted above, while the federal courts are wrangling with the exact boundaries of the federal anti-discrimination law (Title VII) regarding sexual orientation and gender identity, in New Jersey there is no doubt, since the Law Against Discrimination expressly bans discrimination at work based upon an employee or employment candidate’s gender identity or sexual orientation.

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handshakeAn old saying cautions, “Be careful what you wish for…you just might get it.” Along a similar line, it is also extremely important, particularly when it comes to legal matters, to be careful about what you consent to do because you just might be unable to change your mind later. One area in which this can be true is when it comes to entering an agreement to arbitrate your New Jersey discrimination case. Before you agree to arbitrate, settle, or make any major decision in your case, make sure you have first consulted with an experienced New Jersey discrimination attorney.

A hair products company’s employee learned this concept in a difficult way in his case. Jang, the employee, filed a complaint against the hair company in 2016, alleging that it had violated the New Jersey Law Against Discrimination.

Today, many employers include mandatory arbitration clauses in their employment agreements. These provisions say that if you, as an employee, file a certain type of legal claim, the employer is entitled to demand that the case be resolved in arbitration instead of in court. Employees who have these types of clauses in their employment contracts should be sure to consult counsel before bringing legal action. The employer will almost certainly seek to enforce the clause and demand arbitration. However, if the agreement is too vague or too one-sided, you may be entitled to a court order declaring the clause unenforceable, which would allow your civil court case to continue.

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