Discrimination

When NJ employees think of whistleblower claims, they may commonly think of the claims filed under New Jersey Conscientious Protection Act. See New Jersey Whistleblower Laws Attorney. These arise when an employer retaliates against an employee reported or objected or refused to participate in any activity, policy or practice they believed to be illegal. To read more, see NJ Employment Attorney, Auditor Employees have Whistleblower Protection.

Employees and Non-Employees and the False Claims Act

However, employees who have knowledge their employer is committing fraud against the United States Government, such as Medicare fraud or contractors fraudulently billing the US government for work never done, possibly may bring a claim under the Federal False Claims Act (FCA), and receive a percentage of recovered funds under what is known as the qui tam provisions.

Civil rights statutes, originally conceived to end discrimination against descendants of enslaved persons, the African Americans, have not fully achieved their goals. Sadly, in spite of state and federal anti-discrimination laws, some employers discriminate in employment on the basis of race. This race-based disparity ranges from situations readily discernable, such as when African Americans hold identical job titles and are assigned the same job duties as their Caucasian co-workers, but the employer pays higher wages to the Caucasians. Other disparities may not be as easily detectible, such as when the workers are assigned different job titles yet the minority workers suffer a disparity in pay for doing essentially the same type of work. A broader basis for disparity against Black workers is the employer’s failure to promote.

As the year 2024 winds down, advocates for employee, consumer, environmental, healthcare, and civil rights are concerned that a 2024 US Supreme Court split 6/3 opinion could negatively affect employee workplace protections, environmental safety and many aspects of public safety in years to come. The US Supreme Court in Loper Bright Enters. v. Raimondo, 144 S. Ct.

Older workers with a disability are too frequently illegally discriminated against in employment. This happens due to a two-fold prejudice: ageism coupled with ableism. Ableism is a set of values or beliefs that devalue and discriminate against persons with disabilities based on the belief that persons without disabilities are more capable and valuable than persons with disabilities. Ageism is a predisposition and misconception that older employees are not as productive and possess less capability to take on new tasks or acquire new skills than their younger counterparts.

If you think you are being pushed out of your job because of your age and/or disability, you should contact this office immediately for a free consultation.

Employees may or may not be cognizant that their employer is pressuring them to resign. They often will not recognize the full brunt of the employer’s intention until their employer places them on a “Performance Improvement Plan, commonly referred to as a “PIP”. If the employer presents the PIP in good faith, a PIP can be a formal document with the intention of helping employees improve their performance at work. It outlines an employee's performance issues and sets goals to be achieved. It is presented as a means to help employees who aren't meeting job goals or expectations to perform better.

In a class action lawsuit, one or more “named plaintiffs” represent the entire class, a large group including class members who are not individually named, but who suffered similar harms caused by the same Defendant. This differs from a single lawsuit filed by numerous employees who each are the named co-plaintiffs.

If your employer is discriminating against you because you are a member of a protected class such as race, age, sex, etc., you should contact this office immediately for a free consultation. I am an experienced and successful employment discrimination attorney who can advise you as to your options and the best course of action for you.

Workers sometimes experience a disconnect between their voting rights and the status of their employment. Workers who vote, are choosing who will draft and pass legislation that maintains, restricts or expands their rights as employees and other civil rights.

When workers cast their ballots for the persons they want to have represent their interests in state and federal governments, they are voting for the representatives of their choice who have the power to ultimately draft, promote and vote on passing Federal and State laws that expand their rights as workers and other civil rights. Voting is serious business and is an opportunity that should not be passed up for any reason. A decision to refrain from voting for the federal and state representatives of your choosing may be giving a “pass” to future or current state or federal legislation that will restrict your rights.

Many civil rights and employee rights advocates were dismayed when a federal judge in Texas struck down the Biden administrations’ ban on worker non-compete agreements. This ban on employee non-compete agreements was to take effect nationwide in September 2024, and in doing so, it would have invalidated non-compete agreements affecting most US workers.

Non-compete agreements are widespread in all industries. An estimated 30 million employees, from craftsmen to executives, are bound by non-compete agreements. These non-compete agreements are contracts that restrict workers from switching employers within their industry.

The practice of employers to outright refuse to pay workers for any hours they worked over 40 a week, or not paying time and a half rate for overtime hours, has reached staggering proportions. The majority of NJ worker have jobs entitling them to overtime wages. Employers may arrogantly outright refuse to pay at the overtime wage rate or sometimes refuse to pay for any of the hours worked over 40 a week. The more savvy of the unscrupulous employers, rather than outright refuse, devise devious schemes labeling job descriptions and assigning sham employee titles in such a way to be circumvent having to pay overtime. Both practices are illegal.

If you asked your employer for a reasonable accommodation that would allow you to keep working and your employer denied you the accommodation, it is possible your employer is violating the law. If your employer is discriminating against you because you are disabled, you should contact this office today for a free consultation.

What You Need to Submit to Your Employer

If you are disabled and would be able to do the essential functions of your job with a reasonable accommodation, you should put such request in writing, stating the nature of your disability and why you need this accommodation, and additionally accompany your letter with another letter from your doctor stating the nature of your disability, and requesting what accommodation is needed to allow you to keep working at your job.

This letter should be served on your supervisor and the head of HR, unless your employee handbook directs you to submit this request to a different person, in which case, follow the company rules. Maintain proof that you served these requests for an accommodation, example - as by printing out the email transmission.