What to Do If You Experience Discrimination at Work in New Jersey

Workplace discrimination is an unfortunate reality for many employees, but there are things you can do about it. In New Jersey, the Law Against Discrimination (LAD) protects employees from unfair treatment in hiring, promotions, compensation, and workplace conditions. If you experience discrimination, taking certain steps—like documenting incidents, reporting them to human resources, and seeking legal advice—can help you control the situation and get the justice you deserve.

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Understanding the New Jersey Law Against Discrimination (LAD)

The LAD is one of the strongest anti-discrimination laws in the country. It forbids discriminatory practices based on race, religion, gender, disability, age, and other protected characteristics, applying to all aspects of employment, including hiring, job assignments, and terminations. Moreover, it extends to harassment that creates a hostile work environment, requiring employers to act if they know about such behavior.

The law makes it clear that “practices of discrimination against any of its inhabitants, because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, disability or nationality, are matters of concern to the government of the State.” When you understand the rights granted to you by the NJ LAD, you can better advocate for yourself and take meaningful action to address any unfair treatment.

Documenting Incidents of Discrimination

Every successful discrimination claim is built upon thorough documentation of the incidents. Start by keeping a detailed record of every incident, including dates, times, locations, and individuals involved. Describe the events factually, noting what was said or done and how it affected your ability to perform your job.

Supporting evidence plays a huge role in your case. Save relevant emails, messages, and notes from meetings that demonstrate discriminatory behavior. If witnesses were present during any incidents, document their names and accounts as well. The LAD recognizes harassment as behavior that is “severe or pervasive,” so you need to demonstrate how repeated incidents have affected your professional and emotional well-being.

For example, if you were denied a promotion while colleagues with similar qualifications but different characteristics weren’t, document the decision-making process. The level of detail you go into will help demonstrate that you were treated unfairly, whether you address it internally or escalate the issue externally.

Reporting Discrimination to Human Resources

After documenting incidents, the next step is to report them to your company’s human resources (HR) department or a trusted supervisor. Most organizations have established procedures for handling discrimination complaints, and following these protocols makes sure there’s official records of your concerns.

When you report, present your evidence clearly and explain how the behavior violates company policies or the NJ LAD. Be professional and concise when communicating, and keep records of all interactions with HR, including meeting dates and follow-up discussions. If your employer doesn’t adequately address the issue, these records serve as evidence of the steps you’ve taken.

It’s normal to be intimidated by reporting discrimination, especially if you’re afraid of retaliation. This can come in the form of exclusion from projects, negative performance reviews, or dismissal, and it’s prohibited under the LAD. The law explicitly states, “Retaliation for asserting your rights can take many forms,” including being fired, demoted, or subjected to unfavorable changes in responsibilities. Knowing this gives you the confidence to address your issues.

Filing a Complaint with the Division on Civil Rights (DCR)

If internal reporting doesn’t fix the issue, you can file a formal discrimination or sexual harassment complaint with the New Jersey Division on Civil Rights (DCR). This way, you can pursue legal remedies if your employer has violated your rights under the LAD. Complaints must be filed within 180 days of the discriminatory act, so you need to be quick.

Filing a complaint through the DCR involves submitting your documentation, detailing your experiences, and cooperating with an investigation. The LAD emphasizes the importance of this step by affirming, “The Legislature intends that such damages be available to all persons protected by this act.” Possible outcomes include compensation, reinstatement, or changes to company policies. Filing a complaint provides a wider stage for discriminatory practices to be addressed, so you’ll be improving workplace conditions for others like you.

Seeking Legal Assistance from an Employment Lawyer

Employment law can be complex, and the guidance of an experienced employment lawyer NJ workers trust can be a big help in dealing with it. A lawyer can help evaluate your case, recommend the best course of action, and represent you in negotiations or legal proceedings.

Legal professionals with expertise in employment discrimination are familiar with the LAD and can build a compelling case on your behalf. They can also assist in filing lawsuits, navigating settlement discussions, and addressing any retaliation you might face. Many lawyers offer initial consultations to talk about your situation and clarify your options.

By working with a knowledgeable lawyer, you can be confident that you have someone fighting for your rights every step of the way.

Protecting Yourself from Retaliation

Fear of retaliation is one of the biggest obstacles employees face when reporting discrimination. Retaliation can take many forms, from being excluded from meetings to receiving unwarranted negative reviews. However, these actions are prohibited by the LAD, which explicitly protects employees from penalties or other consequences for asserting their rights.

The LAD explicitly highlights that retaliation “would deter someone in a similar situation from asserting their rights,” making it important to take action ASAP. If you suspect retaliation, document these actions with the same level of detail as the original incidents. Record changes in responsibilities, communications with supervisors, or any other adverse actions. Reporting retaliation to HR is often the first step, but if that doesn’t fix the issue, filing a complaint with the DCR or consulting a lawyer may be necessary.

Retaliation can feel isolating, but taking action against it keeps employers accountable and prevents further mistreatment in the workplace.

Remedies and Resolutions

Discrimination cases can lead to a variety of outcomes, depending on the circumstances. Remedies may include financial compensation for emotional distress or lost wages, reinstatement to a previous role, or policy changes within the workplace. Employers may also be required to undergo additional training or update their procedures to prevent future issues.

While resolving these cases can take time, pursuing them sends a strong message that you won’t tolerate any discrimination or retaliation. The process addresses your specific situation while building a fairer work environment for all employees.

Moving Forward with Confidence

Dealing with workplace discrimination is never easy, but you have the power to do so. By understanding your rights under the LAD, documenting incidents thoroughly, and seeking the right resources, you can take meaningful steps to address the problem. Whether through internal HR processes, a DCR investigation, or legal action with the support of an employment lawyer in NJ, you can hold employers accountable and advocate for fair treatment. Standing up for your rights paves the way for more inclusive and equitable workplaces, creating positive change for everyone.