New Jersey employees who are victims of race discrimination in their employment frequently mistakenly believe that they have to spend time first filing an administrative claim, a complaint, with a government agency before they are allowed to file a discrimination lawsuit in Court. Not true. While this is true if an employee or a terminated employee wants to file the discrimination lawsuit under federal law, New Jersey victims of employment race discrimination have a quicker route and may file a race discrimination lawsuit directly in New Jersey Superior Court under New Jersey’s state law without having to first file an administrative complaint with an agency. This is true for all types of employment race discrimination claims, i.e., hostile work environment and harassment, failure to promote, discriminatory wages based on race, retaliation claims for complaining about the employer’s illegal discrimination, and wrongful termination.
A race discrimination lawsuit brought under New Jersey’s state law is filed under the New Jersey Law Against Discrimination. Court statistics demonstrate that discrimination plaintiffs have a higher rate of prevailing in New Jersey Superior Court than they do in Federal Court.
If an employee in NJ is paid less than his/her co-workers who are of a different race or ethnicity, but who do substantially the same job, the employee may have a discrimination and wage pay claim under the New Jersey Law Against Discrimination. Unless the employer has a valid defense for the disparity in pay, the employee/plaintiff is entitled to three times the economic damage losses under the Diane B. Allen Equal Pay Act which is incorporated into the New Jersey Law Against Discrimination, "NJLAD".
The NJLAD protects all persons working in NJ from race discrimination in employment, no matter what the race. While so-called “reverse” discrimination claims are uncommon, they are allowed.
Under the NJLAD, it is unlawful to discriminate against a person seeking employment or against an employee because of his/her race with respect to any term, condition, or privilege of employment including hiring, training, monetary compensation and benefits, job assignments, awarding promotions, determining layoffs and terminations.
If you are thinking of quitting.
If you are thinking of quitting or handing in a resignation letter, before you do so, you should call this office today for a free consultation to explore your legal options in the safest way for you. We accept cases from all 21 counties in NJ and bring claims against private and public employers. We have locations in central, southern and central NJ to meet with clients.
Don’t sit on your rights!
If you believe your employer is paying you less than your co-workers because of your race, or discriminating against you because you are a member of a protected class such as age, sex, race, disability etc., you should contact this office immediately. I am successful in filing lawsuits on behalf of workers who were discriminated against at work and in recovering money to compensate them.
I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were subjected to discrimination, harassment and retaliation in the workplace and/or were fired. If you have experienced discrimination at work, or if you reported it and no action was taken, if you are thinking of resigning, or think you will be fired, or have been fired, it is important that you consult with an attorney who is experienced in employment discrimination.
If you are being subjected to workplace discrimination, contact Hope A. Lang, Attorney at Law today for a free consultation.
Hope A. Lang, Attorney at Law serves clients throughout New Jersey, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in southern, central, western and northern NJ to meet with clients.