5 Types of Workplace Discrimination in New Jersey

Discrimination in the workplace is a serious issue that affects employees and employers alike. In New Jersey, there are several forms of workplace discrimination that are prohibited by law. Read more about the 5 Types of Workplace Discrimination below.

Age Discrimination

Age discrimination is a common form of workplace discrimination in New Jersey. It is illegal to discriminate against employees or job applicants based on their age if they are 40 years or older. Employers cannot make employment decisions based on stereotypes or assumptions about an individual's age. In addition to refusing to hire you because of your age, it is against the law for an employer to treat you differently, on the job, or harass you, because of your age. Lately, it is unlawful for an employer to fire you or lay you off because of your age and to force you to retire because of your age. To learn more about facts of age discrimination in the state of New Jersey, click HERE.

Race and National Origin Discrimination

Race and national origin discrimination are also prohibited by law in New Jersey. The Civil Rights Act of 1964 can protect employees from discrimination based on their race.This means that employers cannot make employment decisions based on an individual's race, color, or national origin. This includes discrimination in hiring, promotion, job assignments, and termination. If you suffered a severe repercussion, such as wrongful termination, for behavior your coworkers of a different race do not get punished for, then you may be the victim of racial discrimination. In addition, if you produce quality work similar to your peers, but you are told your work is unsatisfactory without good reason, that could be another example of racial discrimination. 

Gender Discrimination

Gender Discrimination: Gender discrimination is illegal in New Jersey and can take many forms, including discrimination based on pregnancy, gender identity, and gender expression. Employers are prohibited from making employment decisions based on gender-based stereotypes or assumptions. Some examples of treatment that could be gender discrimination include:

• not being hired, or being given a lower-paying position because of your gender identity or sexual orientation (for example, when an employer refuses to hire women, or only hires women for certain jobs)

• being held to different or higher standards, or being evaluated more harshly, because of your gender identity

• being paid less than a person of a different gender or sexual orientation who is similarly or less qualified than you, or who has similar (or fewer) job duties than you

• being denied a promotion, pay raise, or training opportunity that is given to people of another gender or sexual orientation 

• being rejected for a job, forced out on leave, or given fewer assignments because you’re pregnant

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Sexual Harassment

Sexual Harassment: Sexual harassment is a form of gender discrimination and is illegal in New Jersey. It is important to note that sexual harassment can occur between employees of the same or different gender. Employers are required to maintain a workplace free from sexual harassment and to take appropriate steps to prevent and address it. Examples of sexual harassment in the workplace can include:

• ‘Accidentally on purpose’ brushing up against a person

• Staring or looking their body up and down

• Repeatedly asking for dates despite being rebuffed or asking for sexual favors

• Making sexually offensive gestures, remarks or facial expressions

• Telling lewd jokes or sharing stories about sexual experiences

• Sending unwanted suggestive or lewd emails

Retaliation

Retaliation is another form of workplace discrimination that is prohibited by law in New Jersey. It is illegal for an employer to take adverse action against an employee because they have made a complaint of discrimination or participated in a discrimination investigation or lawsuit. Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you've worked. 

It is important for employees to be aware of their rights and to speak out if they believe they have been the victim of workplace discrimination. Employers are also encouraged to educate themselves about the laws regarding workplace discrimination and to create a work environment that is free from discrimination.

Workplace discrimination in New Jersey takes many forms and is a serious issue that affects employees and employers alike. By understanding the various forms of workplace discrimination and taking steps to prevent it, both employees and employers can help create a work environment that is free from discrimination. If you believe you have been the victim of workplace discrimination, it is important to speak out and seek the help of a qualified attorney who can help protect your rights.

David Kaplan Law

David Kaplan specializes in discrimination law. Call him today at 973-426-0021 if you feel that you’re being discriminated against. We also have a fact sheet that you can read through if you are unsure you’re being discriminated against. Reach out to us and we can get you a copy. Remember, just because we’re in the 21st century doesn’t mean discrimination is a thing of the past.