Bergen Workplace Discrimination Lawyer

The professional landscape of Bergen County, from the bustling corporate centers of Paramus and Hackensack to the diverse small businesses across the region, is a place where ambition and hard work should be the only factors determining success. Unfortunately, for many employees, this is not the reality. Workplace discrimination the unfair treatment of an individual based on a protected characteristic remains a serious and illegal problem in New Jersey. If you have been denied a promotion, wrongfully terminated, or subjected to a hostile work environment in Bergen County because of your race, gender, age, disability, or any other protected status, you do not have to face this injustice alone. Our dedicated legal team possesses the deep understanding of the New Jersey Law Against Discrimination (LAD) and the federal statutes necessary to champion your rights and seek the justice you deserve.

Do not let fear or uncertainty prevent you from protecting your career and dignity; contact the Law Office of Charles Z. Schalk today for a confidential, no-obligation case evaluation with an experienced New Jersey employment lawyer.

Understanding Your Rights Under New Jersey Law

New Jersey maintains one of the strongest anti-discrimination laws in the nation: the Law Against Discrimination (LAD). This comprehensive statute makes it illegal for employers to discriminate against employees or job applicants in hiring, firing, compensation, or terms and conditions of employment. The LAD extends protection to a broad range of characteristics, ensuring that workers in Bergen County are judged solely on their qualifications and performance.

Protected Classes and Common Claims

Our practice is focused on representing employees who have suffered adverse employment actions based on any protected characteristic. We meticulously investigate claims across the full spectrum of discrimination types, including:

• Race and Color Discrimination: This involves unfavorable treatment due to a person’s race, or characteristics associated with race, such as hair texture or skin color. It can manifest in biased hiring practices, unequal pay, or racially charged comments in the workplace.
• Sex and Gender Discrimination: This covers unfair treatment based on an individual’s sex, gender identity, or gender expression. While women are often the targets, men are also protected. Claims frequently involve unequal pay for equal work, or being overlooked for opportunities based on gender stereotypes.
• Age Discrimination: The LAD specifically protects workers who are 40 years of age or older from being treated less favorably than younger employees. This is particularly relevant in Bergen County’s competitive job market, where older, experienced workers may be unfairly targeted for layoffs or denied training opportunities.
• Disability Discrimination: Employers must not only refrain from discriminating against qualified individuals with disabilities but are also required to provide reasonable accommodations that allow the employee to perform the essential functions of their job, unless doing so would cause an undue hardship. This protection extends to both physical and mental disabilities.
• Sexual Orientation and Gender Identity: New Jersey law explicitly prohibits discrimination based on an individual’s actual or perceived sexual orientation, civil union status, or gender identity. This ensures that LGBTQ+ employees have the same rights and opportunities as all other workers.
• Pregnancy Discrimination: Treating a woman unfavorably because of pregnancy, childbirth, or related medical conditions is a form of sex discrimination and is strictly prohibited under the LAD.
• Religious Discrimination: Employees are protected from discrimination based on their religious beliefs or practices. Furthermore, employers must reasonably accommodate an employee’s religious observance or practice, provided it does not impose an undue burden on the business.

The Critical Role of Retaliation Protection

One of the most common fears among victims of discrimination in Bergen County is the fear of retaliation. Employees often hesitate to report illegal conduct because they worry about being fired, demoted, or otherwise penalized. It is crucial to know that the LAD makes it illegal for an employer to retaliate against any employee who:

1. Files a discrimination complaint.
2. Testifies or assists in a discrimination investigation or proceeding.
3. Opposes any practice made unlawful under the LAD.

If you reported discrimination and your employer subsequently took an adverse action against yousuch as reducing your hours, giving you a poor performance review, or terminating your employmentyou may have a separate, powerful claim for unlawful retaliation.

Proving Your Discrimination Case

Successfully pursuing a workplace discrimination claim requires more than just a feeling of being wronged; it demands compelling evidence that links the adverse employment action (e.g., termination, demotion) directly to a discriminatory motive, or discriminatory animus.

We work tirelessly to build a robust case by gathering and analyzing all available evidence, which can include:

• Direct Evidence: Explicit statements or documents that clearly show bias (e.g., a managers email using a racial slur).
• Circumstantial Evidence:Evidence that suggests discrimination through a pattern of behavior, such as showing that similarly situated employees outside of your protected class were treated more favorably.
• Documentation: Performance reviews, disciplinary records, internal communications, and witness statements.

Our goal is to demonstrate that the employer’s stated reason for the adverse action was merely a pretext for illegal discrimination.

Frequently Asked Questions about Workplace Discrimination in Bergen County

Does the New Jersey LAD apply to all employers in Bergen County?

The New Jersey Law Against Discrimination (LAD) is exceptionally broad. It applies to virtually all employers in Bergen County, regardless of size, with the exception of certain religious organizations. Unlike federal laws like Title VII, which only apply to employers with 15 or more employees, the LAD covers businesses with even a single employee, offering widespread protection to the Bergen County workforce.

I work in a small business in Ridgewood. Am I still protected from discrimination?

Yes. As noted, the LAD covers employers of all sizes, meaning that employees of small businesses, family-owned operations, and large corporations alike are protected from discrimination based on protected characteristics. Your rights are the same whether you work for a major firm in Paramus or a local shop in Ridgewood.

What is the time limit (statute of limitations) for filing a discrimination claim in New Jersey?

Generally, the statute of limitations for filing a lawsuit under the New Jersey LAD is two years from the date of the last discriminatory act. However, if you choose to file an administrative complaint with the New Jersey Division on Civil Rights (DCR), the time limit is 180 days (six months). Because these deadlines are strict and complex, it is vital to consult with a lawyer immediately to ensure your rights are preserved.

Can I be fired for reporting sexual harassment to my HR department?

No. Firing an employee for reporting sexual harassment (a form of sex discrimination) is a clear case of unlawful retaliation under the LAD. The law protects employees who oppose or report discriminatory practices. If you were terminated or penalized after making a good-faith report, you have a strong claim for retaliation, and we can help you pursue it.

Take the Next Step to Protect Your Rights

If you are an employee in Bergen County who has been subjected to illegal workplace discrimination, the time to act is now. Every day that passes can make it more challenging to gather critical evidence and meet strict legal deadlines. Our firm is committed to providing the aggressive, compassionate, and personalized legal representation you need to navigate this difficult process. We will stand by your side, fight to hold your employer accountable, and strive to secure the compensation and resolution you deserve, whether through negotiation or litigation.

Your career and your dignity are worth fighting for. Contact our Bergen County workplace discrimination legal team today to schedule a confidential consultation and learn how we can begin building your case.