Diversity_and_Unity

New Jersey and New York Discrimination Attorney

Representing NJ and New York clients who face discrimination based on protected classes

State and federal laws protect workers across the United States from discrimination based on something called a “protected class”.  Protected classes are characteristics of a person that cannot be targeted for discrimination. According to most state and federal laws, labor unions, employers, and anyone else who is involved in business transactions are prohibited from discriminating against people:

  • In an advertisement for a job opportunity
  • During the interview
  • During the course of the job
  • When terminating a person from a position

The EEOC and discrimination

Federal law makers drafted legislation and installed an organization to combat discrimination and protect the rights of people who are victims of discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal law that prohibits employers and businesses from discriminating against job applicants and employees based on a protected class. According to the EEOC, some protected classes include:

  • Sex/Gender
  • Race
  • Color
  • National Origin
  • Pregnancy
  • Religion
  • Disability
  • Age
  • Sexual Orientation

The EEOC has its limitations. Federal laws against discrimination only covers people who work for businesses that have 15 or more employees. In the case of age discrimination, it covers people who work for a business with 20 or more employees. Also, the EEOC only covers employees between the ages of 18 and 70.

If a person has been the victim of discrimination and want to hold offenders accountable on the federal level, they are able to file a Charge of Discrimination before filing a lawsuit. If the agency finds evidence of discrimination, they have the option to settle or litigate the issue in order to protect your rights and recover damages on your behalf. If they did not find evidence of discrimination, they will issue a Notice-of-Right-to-Sue which allows you to take a business to federal court without their assistance. The EEOC mandates that a discrimination charge be filed within 180 days of the incident.

Sex and gender discrimination

NJ, NY, and federal laws protect victims of sex and gender discrimination. Businesses and labor unions are prohibited from:

  • Denying employment based on sex or gender
  • Harassing or subjecting an employee to other offensive conduct based on gender
  • Asking for sexual favors in exchange for a job benefit or raise
  • Denying promotions or equal pay based on gender
  • Putting a gender at a disadvantage in the workplace

According to the EEOC, businesses with 15 or more employees are prohibited from discriminating based on sex and gender. State laws have been implemented to further protect its citizens. New Jersey Law Against Discrimination and the New York Division of Human Rights protect most employees who are victim to sex and gender discrimination. If you face discrimination based on your sex or gender, contact The Salvo Law Firm, P.C. More

Race discrimination

If you have been a victim of discrimination based on your race, you are most likely protected under state and federal law. You have a lot to consider when facing discrimination based on race. Businesses and labor unions are prohibited from:

  • Denying employment based on race
  • Denying promotions or equal pay based on race
  • Subjecting a current employee or job applicant to offensive behavior based on race
  • Denying training opportunities based on race  

Those who are victims of racial discrimination are protected under federal laws in businesses with 15 or more employees. State laws, including NJ LAD and the New York Division of Human Rights protect most others facing racial discrimination. If you are a victim of discrimination based on your race, you should contact The Salvo Law Firm, P.C. More

Pregnancy discrimination

Women deserve the same respect and opportunities in the workplace as men. Gender discrimination is a protected class and so is pregnancy or the notion that someone might have a child in the future. According to the EEOC and various state laws, businesses, employers, and labor unions may not:

  • Deny employment based on pregnancy or the potential to be
  • Force early maternity leave
  • Deny accommodations, including alternative maternity uniforms
  • Refuse a current employee training or job opportunities
  • Terminate employment based on pregnancy or the possibility of pregnancy
  • Refuse to reinstate a position after maternity leave  

If you are the victim of pregnancy discrimination, federal and state laws are on your side. Pregnancy is a protected class under the EEOC, NJ LAD, and the New York Division of Human Rights. If you need legal advice based on your discrimination claim, contact us today. More

Religious discrimination

Someone’s faith is no reason to be treated unfairly. The United States is built on religious freedom and those who are victims of discrimination based on religion have rights like anyone else. According to state and federal law, an employer may not:

  • Deny employment based on religious affiliation
  • Deny promotions or other opportunities based on religious affiliation
  • Expose someone to offensive behavior based on religious affiliation
  • Deny a potential or current employee accommodations for worship or observation unless it creates a valid hardship on an employer
  • Discriminate against a perceived religious affiliation

Even if they are wrong about your religious affiliation, you are covered under the law. The EEOC, NJ LAD, and the New York Division of Human Rights protects potential and current employees against discrimination. If you are a victim, contact The Salvo Law Firm, P.C. to assess your case and guide you through your options. More 

Disability Discrimination

Those who are disabled are protected under state and federal law against discrimination. Businesses are not allowed to discriminate based on:

  • A deformity
  • A physical disability
  • A limitation of mobility
  • A mental, psychological, or developmental disability
  • A birth defect

According to state and federal law, based on a disability, a business cannot:

  • Deny employment
  • Expose a job applicant or employee to offensive behavior
  • Require a job applicant to take a medical exam
  • Fire an employee based on a disability
  • Deny accommodations for a disabled person

If you are a victim of disability discrimination, contact the Salvo Law Firm, P.C. to assess your case and guide you through your options. The EEOC, NJ LAD, and NY Division of Human Rights protect the rights of people who have been the victims of discrimination. More

Sexual Orientation Discrimination

All Americans and members of the LBGT community are protected under state and federal law from being discriminated against based on their sexual orientation. Those who face discrimination should consider their options and contact a law firm with years of employment law experience. Businesses cannot:

  • Deny employment based on sexual orientation
  • Deny job opportunities based on sexual orientation  
  • Fire employees based on sexual orientation  
  • Expose an employee or job applicant to offensive behavior based on sexual orientation

If you have been the victim of discrimination based on sexual orientation, you deserve passionate counsel. Contact The Salvo Law Firm, P.C. to assess your case and see that justice is served. More

Age Discrimination

State and federal laws protect people who have been discriminated against due to age. Labor unions, employers, and businesses are prohibited from:

  • Forcing retirement or set a retirement age
  • Denying benefits based on age
  • Harassment or threats against an employee
  • Termination based on age
  • Advertising for a job opportunity with age requirements
  • Denying employment based on age

If you have been discriminated against based on age, you have a lot to consider. Federal law will only protect people between 18 and 70 working in a business with 20 or more employees. New Jersey Law Against Discrimination and the New York Division of Human Rights protect most employees who face discrimination based on a protected class. If you are the victim of age discrimination, contact The Salvo Law Firm, P.C. to protect your rights. More

Discrimination based on National origin

Immigrants and people who are perceived to be immigrants are protected under state and federal law from discrimination. Just because you are or may be from another country does not give a business, employer, or labor union the right to treat you differently. They are prohibited from denying you employment, job benefits, fair pay or promotions, and subjecting you to harassment or other offensive behavior based on the fact that you are from another country. Even if they are wrong, you cannot be treated differently because you are perceived to be from another country. The EEOC, NJ LAD, and the New York Division of Human Rights protect people of protected classes from discrimination and give them the tools to protect their rights and hold offenders accountable. If you need representation, contact the West Caldwell attorneys at The Salvo Law Firm, P.C. to assess your case and passionately represent your interests.

Contact a West Caldwell law firm with years of discrimination experience

The Salvo Law Firm, P.C. has served victims of employment discrimination for many years in New Jersey and New York. Our compassionate attorneys are ready to assess your case, guide you through your options, and represent your interests. You have rights and our firm is ready to protect them. If you need legal advice or passionate advocacy in the face of discrimination, contact The Salvo Law Firm, P.C. today.