Workplace Discrimination

By: Christopher R. Shea, Esq. of R.C. Shea & Associates

Workplace discrimination is a cancer. Like cancer, discrimination is deadly. People’s livelihood and their ability to feed their family depend upon their jobs. Discriminatory firing, being passed over for promotion, unequal pay, and demotions all undermine a person’s ability to take care of their family and get ahead in life. Likewise, harassment in the workplace for no reason other than who employers are, how they worship, or what they look like can have devastating financial and emotional consequences. If you have been the victim of discrimination, the first thing you must do is know your rights.

Both federal and state law prohibit discrimination in employment. However, New Jersey employment law provides far more protection. New Jersey’s Law Against Discrimination like federal law, prohibits discrimination in employment because such reasons such as race, religion age or gender. New Jersey goes further, however, prohibiting employees from discrimination based on almost any personal quality which they cannot change, including HIV related illnesses, domestic partnership or civil union status, sexual orientation, atypical hereditary cellular or blood trait, gender identity and genetic information. Likewise, in New Jersey employers cannot discriminate against employees because of who they love or live with.

Discrimination can take any form including but not limited to fi ring, demotion, failure to hire, failure to promote, reduction in pay, failure to give a raise or bonus, unequal pay, refusal to give training, transfer to less desirable positions or duties, and poor evaluations. Moreover, while dis-

Christopher R. Shea Esq.

crimination can take many forms, generally discriminatory actions in the workplace can be sorted into one of three categories: intentional discrimination, disparate impact discrimination, and harassment.

Intentional Discrimination

Intentional discrimination occurs when an entity or person acted, because of, and not merely, in spite of, the adverse effect, the action action would have on a particular person and/or group.

Disparate Impact

A practice which is neutral on its face is still illegal if it has the effect of having an unjustified and severe negative impact on a particular employee or an employee of a particular group.

Harassment

Many times, discrimination, whether intentional or disparate impact, is inextricably intertwined with harassment. Harassment includes intimidation, bullying, coercion, unwelcome gestures, comments, unwelcome touching, which, when done because of who the employee is, is illegal.

Conclusion

In conclusion, all forms of discrimination are illegal, and no one should have to deal with it at work. Our attorneys at R.C. Shea & Associates are experienced discrimination litigators who fight for the rights of employees who have suffered illegal discrimination. Call us for a free consultation. (732) 505-1212.