Best Discrimination Lawyers in New Jersey

About Discrimination Law in New Jersey, United States

Discrimination occurs when a person is treated unfairly or unequally because of certain personal characteristics, such as race, gender, age, religion, disability, sexual orientation, or other protected attributes. In New Jersey, robust laws protect individuals from discrimination in the workplace, housing, public accommodations, and various other areas of daily life. The state is recognized for its strong legal stance against discrimination, with protections that often exceed those provided by federal law. Individuals who believe they have faced discrimination in New Jersey have several avenues to seek justice and compensation.

Why You May Need a Lawyer

Navigating discrimination cases can be complex due to legal nuances, evidentiary requirements, and strict timelines. You may need the help of a lawyer in situations such as:

• You were unfairly terminated, demoted, or not promoted because of your protected characteristic.
• You are experiencing harassment at work or in your housing due to race, gender, religion, or another protected class.
• Your requests for reasonable accommodation for a disability or religious practice have been denied.
• You have suffered retaliation after reporting discrimination or participating in an investigation.
• You are unsure which laws apply to your situation or need help figuring out the best course of action for your case.

An experienced attorney can help determine if what you experienced constitutes discrimination under state law, guide you on filing a formal complaint, and advocate on your behalf throughout legal proceedings.

Local Laws Overview

The primary law governing discrimination in New Jersey is the New Jersey Law Against Discrimination (NJLAD). The NJLAD is often considered one of the strongest anti-discrimination laws in the country. It prohibits discrimination based on a wide range of protected classes, including race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity or expression, disability, and more.

Under NJLAD:

• Discrimination is prohibited in employment, housing, places of public accommodation (such as stores, restaurants, schools), credit, and contracting.
• Employers must provide reasonable accommodations for employees with disabilities and pregnant workers.
• The law protects against retaliation for reporting discrimination or participating in discrimination proceedings.
• There are specific timelines for filing complaints, both with the New Jersey Division on Civil Rights (DCR) and in state court.

Federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Fair Housing Act, may also apply depending on the circumstances. However, NJLAD often provides broader protections.

Frequently Asked Questions

What types of discrimination are illegal in New Jersey?

Unlawful discrimination in New Jersey includes unfavorable treatment based on race, color, religion, gender, sexual orientation, gender identity or expression, age, disability, martial or familial status, pregnancy, nationality, ancestry, military service, genetic information, and other protected attributes.

Where does discrimination protection apply?

Protections against discrimination in New Jersey apply in employment, housing, public accommodations (businesses and services open to the public), credit transactions, and contracts.

What should I do if I believe I have been discriminated against?

Start by documenting the incident, including dates, details, and any witnesses. Contact a legal professional or file a complaint with the New Jersey Division on Civil Rights (DCR).

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

You generally have 180 days from the date of the discriminatory act to file a complaint with the DCR, and up to two years to file a lawsuit in court, but deadlines can vary depending on the type of case.

Can I sue my employer directly for discrimination?

Yes, under NJLAD, you may file a lawsuit directly in state court. However, you can also choose to file an administrative complaint with the DCR.

What damages or remedies are available to victims of discrimination?

Remedies may include reinstatement to your job, back pay, emotional distress damages, punitive damages, attorney's fees, and changes in discriminatory policies or practices by the offender.

Can I be retaliated against for filing a discrimination complaint?

No. Retaliation against individuals for reporting discrimination or participating in an investigation is prohibited under NJ law and can constitute a separate legal violation.

Do I need evidence to support my discrimination claim?

Yes. Evidence may include emails, texts, policies, witness accounts, and other documentation. A lawyer can help you gather and present evidence effectively.

What protections exist for people with disabilities in New Jersey?

NJLAD requires that employers, housing providers, and public accommodations provide reasonable accommodations to people with disabilities unless doing so would cause undue hardship. The law protects against discrimination in all covered contexts.

Is sexual harassment considered discrimination in New Jersey?

Yes. Sexual harassment is considered a form of sex discrimination under NJLAD and is strictly prohibited in the workplace and other covered environments.

Additional Resources

If you are seeking help or more information about discrimination in New Jersey, the following resources may be useful:

• New Jersey Division on Civil Rights (DCR): The primary state agency for investigating and enforcing anti-discrimination laws.
• Equal Employment Opportunity Commission (EEOC): The federal agency handling workplace discrimination claims under federal law.
• Legal Services of New Jersey: Offers free or low-cost legal help for qualifying individuals with discrimination issues.
• Local bar associations: Many county bar associations have referral services for finding discrimination attorneys in your area.
• Advocacy groups: Organizations such as the ACLU of New Jersey and other non-profits may offer support, guidance, and resources.

Next Steps

If you believe you have experienced discrimination in New Jersey, consider taking the following steps:

• Write down the details of the incident, gather evidence, and list any witnesses.
• Consult with an experienced discrimination attorney to discuss your situation and legal options.
• Decide whether to file a complaint with the DCR or pursue a lawsuit in state court.
• Follow all instructions and deadlines carefully, as missing a deadline can impact your ability to seek remedies.
• Utilize local and state resources for further information, assistance, and support.

An experienced lawyer can help you navigate the process, protect your rights, and pursue the appropriate remedies. Acting promptly is essential, so do not hesitate to seek help if you suspect you have been the victim of discrimination.