Do I Have a Discrimination Case?

Discrimination in the workplace is regretfully common in the United States. In fact, according to the Equal Employment Opportunity Commission (EEOC), there were nearly 90,000 charges of employment discrimination filed in 2015. Fortunately for workers, federal and state law prohibit employment discrimination and confer significant legal rights to employees who have been the victims of discrimination. It is important for employees to keep in mind that not every instance of offensive or inappropriate conduct constitutes workplace discrimination, and there is no law that prohibits generally offensive behavior. The best way to determine whether you have a case is to discuss your situation with an experienced attorney – in the meantime, answering the two questions below will give you a better idea of whether you have been the victim of prohibited discrimination. Have you been Subjected to an Adverse Employment Action? In order to have a discrimination claim, you have to have been subjected to an adverse employment action. Examples of adverse employment actions include the following:

• Termination

• Being subjected to a hostile work environment

• Suspension

• Reduction in pay

• Demotion

• Denial of a promotion

• Denial of a raise

Was the Adverse Employment Action Because of Your Status as a Member of a Protected Class or in Retaliation for Having Participated in a Protected Activity?

Simply showing that you were the subject of an adverse employment action is not sufficient to establish a discrimination claim – you must also show that the adverse action was motivated by some impermissible reason. Your employer cannot discriminate against you based on your race, gender, national origin, medical condition, religion, color, disability, or genetic information, just to name a few. In addition, your employer cannot discriminate against you for engaging in a protected activity – for example, if you call attention to prohibited discrimination against another employee and then are subjected to an adverse employment action, you may have a discrimination claim.

Contact a New Jersey Employment Discrimination Attorney Today

If you believe you may have a discrimination case because of the way you have been treated at work, you should contact New Jersey employment discrimination lawyer David H. Kaplan today. Our team is dedicated to protecting the rights of workers that have been subjected to impermissible discrimination by an employer. To schedule a free consultation with Mr. Kaplan, call our office today at 973-426-0021 or send us an email through our online contact form.