Best Civil Rights Lawyers in New Jersey

About Civil Rights Law in New Jersey, United States

Civil rights laws in New Jersey are designed to protect individuals from discrimination, unequal treatment, and violations of their fundamental freedoms. These laws cover a wide range of rights and freedoms, including the right to fair treatment in employment, housing, education, public accommodations, and government services. Both federal and state legal frameworks offer protection, but New Jersey has its own set of laws, including the New Jersey Law Against Discrimination, which sometimes provides even broader protections than federal law.

Why You May Need a Lawyer

People in New Jersey may need a civil rights lawyer for various reasons. You might require legal help if you believe you have been discriminated against based on your race, religion, gender, sexual orientation, national origin, disability, or another protected characteristic. Common situations include experiencing workplace discrimination, being denied access to public services, facing police misconduct, issues in educational institutions, or being denied housing or loans. A lawyer can help you understand your rights, file complaints, represent you in negotiations or court, and seek compensation for damages.

Local Laws Overview

New Jersey has several key laws relevant to civil rights:

• New Jersey Law Against Discrimination (NJLAD): This is a comprehensive law that prohibits discrimination based on numerous factors including race, religion, sex, gender identity, disability, sexual orientation, pregnancy, marital status, and more in employment, housing, education, public accommodations, and credit.
• New Jersey Civil Rights Act (NJCRA): Allows individuals to seek relief for violations of their federal or state constitutional rights by those acting under the color of law, such as police or government officials.
• Family Leave Act and Paid Family Leave: Protects workers who need time off for family or medical reasons.
• Other Protections: New Jersey has specific laws against hate crimes, bullying in schools, and offers protections for immigrants, the disabled, and other vulnerable groups.

These laws often provide more expansive protections than federal civil rights laws, so anyone living or working in New Jersey should be aware of their specific rights under state law.

Frequently Asked Questions

What is considered unlawful discrimination in New Jersey?

Unlawful discrimination in New Jersey occurs when someone is treated unfairly or denied opportunities based on characteristics such as race, religion, gender, age, disability, sexual orientation, nationality, marital status, or gender identity in areas like employment, housing, education, or access to public accommodations.

Can I file a discrimination complaint without a lawyer?

Yes, you can file a complaint on your own with agencies such as the New Jersey Division on Civil Rights. However, a lawyer can help ensure your complaint is properly prepared and guide you through the legal process, improving your chances for a positive outcome.

How long do I have to file a civil rights complaint in New Jersey?

The deadline to file a civil rights complaint varies depending on the issue and the agency. For many discrimination claims, you must file within 180 days of the alleged offense with the New Jersey Division on Civil Rights. Different deadlines may apply if you are pursuing federal claims or lawsuits, so it is best to consult an attorney to avoid missing important timelines.

What types of damages can I recover in a civil rights case?

Depending on the nature of your claim, you may be able to recover financial compensation for lost wages, emotional distress, punitive damages, attorneys’ fees, and, in some cases, reinstatement to a job or a correction of discriminatory practices.

Are there protections against retaliation if I make a civil rights complaint?

Yes, New Jersey law protects individuals from retaliation for filing a civil rights complaint or participating in an investigation. If you experience retaliation, that itself is a separate violation of civil rights laws.

What should I do if I experience discrimination at work?

Document what happened, report the issue to your employer according to company policy, and keep records of your complaint. If the issue is not resolved, you can file a complaint with the New Jersey Division on Civil Rights or consult a civil rights lawyer for further guidance.

Are police misconduct and excessive force covered under civil rights laws?

Yes, police misconduct, including excessive force and unlawful searches or seizures, may violate your civil rights. Victims can file complaints with local or state agencies and may also file lawsuits under the New Jersey Civil Rights Act or federal law.

Can students or parents bring civil rights claims against public schools?

Yes, students have civil rights protections in educational settings. Discrimination or harassment in schools can be challenged through administrative complaints to the Department of Education, New Jersey Division on Civil Rights, or through lawsuits when necessary.

Does New Jersey protect LGBTQ individuals from discrimination?

Yes, New Jersey law explicitly prohibits discrimination based on sexual orientation, gender identity, and expression in employment, housing, public accommodations, and other areas.

Where can I get help if I cannot afford a lawyer?

There are free and low-cost legal service providers in New Jersey that can help with civil rights issues. Some organizations specialize in representing people with limited financial resources.

Additional Resources

Here are some resources and organizations that offer information or assistance regarding civil rights in New Jersey:

• New Jersey Division on Civil Rights: Investigates and enforces civil rights laws relating to discrimination.
• New Jersey Office of the Attorney General: Provides information and handles enforcement of civil rights laws.
• Legal Services of New Jersey: Offers free legal assistance to low-income residents in civil matters.
• American Civil Liberties Union (ACLU) of New Jersey: Supports litigation and advocacy for civil liberties.
• County and Municipal Human Rights Commissions: Local bodies that can help address civil rights issues.

Next Steps

If you believe your civil rights have been violated in New Jersey, take the following steps:

• Document all relevant events, communications, and witnesses related to your situation.
• Report the incident to your employer, school, housing provider, or relevant authority following any established complaint procedures.
• File a formal complaint with the New Jersey Division on Civil Rights or another relevant agency if internal resolutions are unsuccessful.
• Consult a qualified civil rights attorney to explore your legal options, particularly if your case is complex.
• Reach out to one of the listed organizations for guidance and resources, especially if you need free or low-cost legal help.

Understanding your civil rights is the first step to securing fair treatment. Acting promptly and seeking proper legal advice can help you protect your rights and find an appropriate solution to your situation.