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Employee Discrimination

KNOWING THE FACTS ABOUT EMPLOYMENT DISCRIMINATION

The New Jersey Law Against Discrimination prohibits certain types of discrimination (“differential treatment”) of employees by an employer. It is important to understand that the law does not prohibit an employer from simply treating some employees differently from other employees. Discrimination is only prohibited when the differential treatment is based on certain factors such as gender, race, national origin, religion, age or disability. For example, some employees are paid different hourly wages than other employees. Although this is “differential treatment,” is not necessarily illegal, because it is based on legal factors such as different job duties, length of the service, educational requirements, etc.

If you believe that you have been subjected to unlawful “differential treatment” by your employer, you should consult the employee handbook (or any relevant poster in the workplace). This will provide you with procedures on how to report a complaint.

IT IS IMPORTANT TO FOLLOW THE PROCEDURES FOR THREE REASONS:

  1. If you do not follow the procedure, your employer can utilize this as a defense against you when filing a complaint.
  2. In the majority of the cases, your employer is required by its own rules to perform a complete investigation, and if they fail to do so, it may strengthen your claim.
  3. You will obtain additional protection against “retaliation” by filing a complaint. The New Jersey Law Against Discrimination prohibits employers from retaliating against anyone filing a complaint for discrimination, even if the complaint is not proven.

If you have any questions regarding the appropriate procedures to file a formal complaint against your employer, you should contact your union legal representative, personnel office or a lawyer.

If you believe you have been the victim of Employment Discrimination, contact us today. >>>

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