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Monday, November 14, 2022

NJ Employment Attorney, Female Employees Experiencing Sex Discrimination May Have Multiple Claims

NJ Employees who experience discrimination in the workplace because of their sex may have multiple claims. They can file directly in NJ State Court under NJ’s anti-discrimination statute and avoid having to first jump through the delay of time-consuming administrative hurdles. In addition, the NJ statute, The New Jersey Law Against Discrimination, can award treble damages in some instances.

The New Jersey Law Against Discrimination ( NJLAD) is considered by many to be the strongest employee protection law in the United States .

The NJLAD has employment protections similar to the federal law, Title VII of the Civil Rights Act, which prohibits an employer from treating an employee differently, or less favorably, because of your sex. Sex is defined to include pregnancy, sexual orientation, and gender identity. As a federal law, Title VII applies to all states and protects employees from discrimination based on sex, sexual orientation or gender identity regardless of state or local laws.

New Jersey employees who experience sex discrimination in their workplace sometimes mistakenly believe that they have to spend time first filing an administrative claim with a government agency before they are allowed to proceed with a sex discrimination lawsuit in a court.

If you are a New Jersey employee, this is not true; you can file a sex discrimination lawsuit directly and more quickly in state court under the NJLAD.

Fortunately for employees in New Jersey,  victims of sex discrimination in their workplace have a much faster route by directly filing a sex discrimination lawsuit under the NJLAD, the strongest employment protection statute in the country.

By filing a sex employment discrimination claim directly in NJ Superior Court under New Jersey’s state law, the NJLAD, rather than filing a lawsuit under the federal law, you circumvent having to go first file an administrative complaint with an agency. This is true for all types of employment sex discrimination claims, i.e., hostile work environment and harassment based on sex, failure to promote based on sex, discriminatory wages based on sex, and retaliation claims for complaining about the employer’s illegal discrimination, and wrongful termination.

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 sex, 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 sex discrimination in employment, not only women. While so-called “reverse” discrimination claims are uncommon, claims brought by men are allowed.

Under the NJLAD, it is unlawful to discriminate against a person seeking employment or against an employee because of his/her sex 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 quit your job because of sex discrimination or harassment, you may lose your right to file a claim unless you take certain steps while you are still employed. I cannot stress this enough.

If you are thinking of quitting or handing in a resignation letter, before you do so, you may call this office today for a free consultation to explore your legal options in the safest way for you. 

Don’t sit on your rights!

If you believe your employer is paying you less than your co-workers because of your sex, 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 in the public and the private sectors 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.

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Union, Plainfield, Lakewood, Edison and in every county including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris.

Hope A. Lang, Attorney at Law has convenient locations in Southern, Central, Western and Northern NJ to meet with clients.


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