Workplace discrimination affects thousands of New Jersey workers every year. Whether you face unfair treatment because of your race, gender, age, disability, or other protected characteristics, the law is on your side. Understanding your rights and knowing how to take action can make the difference between suffering in silence and getting the justice you deserve.
New Jersey has some of the strongest anti-discrimination laws in the country. The New Jersey Law Against Discrimination (NJLAD) provides broader protections than federal law and applies to all employers in the state, regardless of size. Recent updates have strengthened these protections even further, including new rights for remote workers and domestic employees.
If you’re experiencing workplace discrimination, you need to know what constitutes a violation, how to document it properly, and what steps to take to protect your rights. This guide will help you recognise discrimination, understand the legal process, and take effective action to stop it.
Understanding Workplace Discrimination in New Jersey
Workplace discrimination occurs when an employer treats employees unfairly because of their protected characteristics. In New Jersey, this includes making decisions about hiring, firing, promotions, pay, job assignments, or working conditions based on factors that have nothing to do with job performance.
Protected Characteristics Under New Jersey Law:
- Race and color
- National origin and ancestry
- Religion and creed
- Sex and gender identity/expression
- Sexual orientation
- Age (18 and older)
- Disability and genetic information
- Marital status and civil union status
- Pregnancy and breastfeeding
- Military service liability
New Jersey law is more protective than federal law in several ways. While federal law only covers employers with 15 or more employees, New Jersey law applies to all employers. The state also protects characteristics like sexual orientation and gender identity that aren’t explicitly covered by all federal laws.
Types of Discrimination: Discrimination can be direct (treating someone differently because of their protected status) or indirect (policies that appear neutral but disproportionately affect protected groups). It can also include harassment that creates a hostile work environment or retaliation against employees who report discrimination.
The law recognises that discrimination often isn’t obvious. Subtle forms of bias, like consistently passing over qualified women for promotion or making offensive comments about someone’s accent, can violate the law just as much as clear examples like refusing to hire someone because of their race.
Current State of Workplace Discrimination in 2024
Recent statistics show workplace discrimination remains a significant problem. The Equal Employment Opportunity Commission (EEOC) received 88,531 discrimination charges nationwide in fiscal year 2024, a 9.2% increase from 2023. Retaliation was the most common claim at 38%, followed by disability discrimination at 43.2%.
New Jersey Specific Data: In 2020, New Jersey saw 1,196 EEOC charges filed, with 29% based on race and 29.3% based on sex discrimination. These numbers don’t include cases filed directly with the New Jersey Division on Civil Rights, making the actual number of discrimination complaints significantly higher.
Recent Legal Developments: 2024 brought several important updates to New Jersey employment law:
Remote Worker Protections: The Attorney General clarified that NJLAD protections apply to all employees of New Jersey employers, regardless of where they physically work. This includes remote workers living in other states.
Pay Transparency: Starting June 1, 2025, most New Jersey employers must include salary ranges in job postings and notify current employees about promotion opportunities.
Domestic Workers’ Rights: New legislation provides anti-discrimination protections, written contracts, and other rights for domestic workers like housekeepers and caregivers.
Gender-Neutral Dress Codes: The Attorney General announced that business dress codes must be gender-neutral, following a case where a restaurant violated NJLAD by requiring a nonbinary customer to follow the men’s dress code.
These developments show New Jersey’s commitment to expanding worker protections and addressing new forms of discrimination as they emerge.
Recognising Different Types of Discrimination
Workplace discrimination takes many forms, some obvious and others subtle. Learning to recognise these patterns helps you identify violations and build stronger cases.
Direct Discrimination Examples:
- Being told you weren’t hired because of your race, gender, or age
- Different pay for the same work based on protected characteristics
- Being fired shortly after announcing a pregnancy
- Denial of promotions with comments about your religion or national origin
Indirect Discrimination Examples:
- Height or weight requirements that aren’t job-related
- English-only policies that aren’t necessary for safety
- Scheduling that interferes with religious practices without accommodation
- Policies that disproportionately affect older workers
Harassment and Hostile Work Environment: Not all workplace discrimination involves job decisions. Harassment based on protected characteristics can create illegal hostile work environments. This includes:
- Offensive jokes, slurs, or comments about protected characteristics
- Unwelcome sexual advances or requests for sexual favors
- Display of offensive images or symbols
- Exclusion from meetings or social events because of protected status
Retaliation: New Jersey law strictly prohibits retaliation against employees who report discrimination, file complaints, or participate in investigations. Retaliation can include:
- Firing or demotion after filing a complaint
- Negative performance reviews following discrimination reports
- Hostile treatment from supervisors after speaking up
- Transfer to less desirable positions after cooperation with investigations
The law protects not just the person who reports discrimination, but also witnesses and anyone who opposes discriminatory practices.
Recent Case Law and Settlements
New Jersey courts continue to strengthen protections for discrimination victims. Recent cases show the courts’ commitment to enforcing anti-discrimination laws and providing meaningful remedies.
Savage v. Township of Neptune (2024): The New Jersey Supreme Court ruled that broad non-disparagement clauses in settlement agreements violate public policy if they prevent employees from discussing discrimination claims. This landmark decision ensures victims can speak about their experiences even after settling cases.
The court held that any provision with “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment” is unenforceable, regardless of how it’s labeled.
Recent Verdicts and Settlements:
- $1 million verdict for national origin discrimination based on accent (Essex County, March 2024)
- $2.3 million judgment for retaliation and disability discrimination (Sommese v. C&S Wholesale Grocers)
- $4.1 million verdict for police officer retaliation case (Shouldis v. Teaneck)
- $2.25 million verdict for disability discrimination (Holden v. Borough of Matawan)
These substantial awards demonstrate that New Jersey courts take discrimination seriously and are willing to provide significant compensation for violations.
Emerging Trends: Courts are increasingly recognising subtle forms of discrimination and the cumulative effect of biased workplace cultures. Recent cases have involved:
- Accent discrimination as national origin bias
- Intersectional discrimination affecting multiple protected characteristics
- Pattern evidence showing systemic discrimination
- Technology-related discrimination against older workers
Filing a Discrimination Complaint: Your Options
New Jersey workers have multiple options for addressing workplace discrimination. Understanding these options helps you choose the best approach for your situation.
New Jersey Division on Civil Rights (DCR): The state agency enforces NJLAD and investigates discrimination complaints. Benefits include:
- Covers all employers, regardless of size
- 180-day filing deadline from the discriminatory act
- Free investigation and mediation services
- Can order remedies including reinstatement and back pay
Equal Employment Opportunity Commission (EEOC): The federal agency enforces federal anti-discrimination laws. Key features:
- Covers employers with 15+ employees
- 300-day filing deadline in New Jersey
- Required before filing federal court lawsuits
- Can pursue cases in federal court
Dual Filing: You can file with both agencies simultaneously through “dual filing.” This preserves your rights under both state and federal law without requiring separate filings.
Direct Lawsuit: New Jersey allows direct lawsuits in state court without first filing with DCR. This option provides:
- Two-year statute of limitations
- Access to jury trials
- Broader range of damages available
- Faster resolution in some cases
Federal Court: You must receive a “right to sue” letter from EEOC before filing in federal court. You then have 90 days to file your lawsuit.
Choose your approach based on factors like your employer’s size, the type of discrimination, desired timeline, and available evidence.
The Investigation and Legal Process
Understanding how discrimination cases proceed helps you prepare effectively and make informed decisions about your case.
DCR Investigation Process:
- Initial Review: DCR screens complaints for jurisdiction and merit
- Employer Notice: Employer receives copy of complaint within 10 days
- Investigation: DCR gathers evidence, interviews witnesses, reviews documents
- Mediation: Voluntary resolution process with neutral mediator
- Determination: DCR finds probable cause or dismisses complaint
- Administrative Hearing: If mediation fails, case goes before Administrative Law Judge
EEOC Investigation Process:
- Charge Filing: Complete EEOC intake questionnaire and file formal charge
- Employer Notification: EEOC sends charge to employer
- Mediation Option: Voluntary mediation program available
- Investigation: EEOC reviews evidence and interviews parties
- Determination: Finding of reasonable cause or dismissal
- Conciliation: Attempt to reach voluntary settlement
- Right to Sue: Letter allowing private lawsuit if conciliation fails
Building Your Case: Strong cases require solid evidence. Document everything:
- Keep copies of performance reviews, emails, and relevant communications
- Write detailed notes about discriminatory incidents with dates and witnesses
- Save job postings, company policies, and organizational charts
- Gather evidence of similarly situated employees treated differently
- Obtain medical records if claiming emotional distress
Timeline Considerations: Discrimination cases can take months or years to resolve. Administrative investigations typically take 6-18 months. Lawsuits may take 1-3 years depending on complexity and court schedules.
Potential Damages and Remedies
New Jersey law provides comprehensive remedies for discrimination victims. Understanding available damages helps you evaluate settlement offers and plan for the future.
Economic Damages:
- Back Pay: Lost wages from termination, demotion, or denial of promotion
- Front Pay: Future lost earnings if reinstatement isn’t possible
- Benefits: Lost health insurance, retirement contributions, stock options
- Job Search Costs: Reasonable expenses seeking new employment
Non-Economic Damages:
- Emotional Distress: Compensation for mental anguish, humiliation, depression
- Pain and Suffering: Physical symptoms caused by discrimination stress
- Loss of Enjoyment: Reduced quality of life due to discrimination impact
Punitive Damages: Available when employer conduct was especially egregious or malicious. These damages punish wrongdoers and deter future discrimination.
Equitable Relief:
- Reinstatement: Return to previous position with back pay
- Promotion: Advancement wrongfully denied
- Policy Changes: Modifications to prevent future discrimination
- Training: Anti-discrimination education for management and employees
Attorney’s Fees: New Jersey law allows successful plaintiffs to recover reasonable attorney’s fees. This makes it possible to pursue cases even when damages aren’t enormous.
Recent Damage Awards:
- Emotional distress awards ranging from $50,000 to $500,000
- Back pay awards reflecting full lost compensation
- Front pay awards providing future income security
- Punitive damages up to millions in egregious cases
The amount of damages depends on factors like discrimination severity, impact on your career, emotional harm suffered, and employer’s conduct.
Working with a New Jersey Employment Lawyer
Employment discrimination cases involve complex legal issues and strategic decisions. Having experienced legal representation significantly improves your chances of success.
Why You Need Legal Help:
- Employment law is complicated with many technical requirements
- Employers have lawyers defending against your claims
- Evidence must be gathered and preserved properly
- Administrative deadlines can terminate your rights forever
- Settlement negotiations require understanding of case value
What a Lawyer Can Do:
- Evaluate your case and explain all legal options
- Handle all communications with employers and agencies
- Gather evidence and identify witnesses
- Navigate administrative procedures and court rules
- Negotiate settlements or represent you at trial
- Ensure you receive maximum compensation available
Choosing the Right Attorney: Look for lawyers with specific experience in New Jersey employment discrimination cases. Important factors include:
- Track record of successful outcomes
- Knowledge of recent legal developments
- Experience with your type of discrimination
- Resources to handle complex investigations
- Commitment to fighting for maximum recovery
Fee Arrangements: Most employment lawyers work on contingency fees, meaning you pay nothing unless you win. This makes quality legal representation accessible regardless of your financial situation.
Working Effectively with Your Lawyer:
- Be completely honest about all facts, even negative ones
- Provide documents and information promptly
- Keep detailed records of ongoing issues
- Follow legal advice about communications and social media
- Stay engaged in your case but let your lawyer handle legal strategy
Protecting Yourself and Building a Strong Case
Taking the right steps early in the discrimination process can significantly strengthen your case and protect your rights.
Document Everything: Start keeping detailed records as soon as you suspect discrimination:
- Date, time, location, and witnesses for every incident
- Exact quotes of discriminatory statements
- How incidents affected your work and emotional state
- Any complaints you made and responses received
Save Important Documents:
- Employment contracts, handbooks, and policies
- Performance evaluations and disciplinary records
- Email communications and text messages
- Job descriptions and promotion criteria
- Witness contact information
Be Careful About Communications:
- Avoid discussing your case on social media
- Don’t delete emails or documents that might be relevant
- Be professional in all workplace communications
- Save personal copies of work-related documents before leaving
Report Discrimination Appropriately:
- Follow company complaint procedures when safe to do so
- Document all reports made and responses received
- Consider whether reporting might lead to retaliation
- Seek legal advice before making formal complaints
Preserve Your Health: Discrimination can cause serious stress and health problems:
- Seek medical treatment for stress-related symptoms
- Keep records of medical treatment and expenses
- Consider counseling to address emotional impact
- Don’t let discrimination ruin your physical or mental health
The stronger your documentation and evidence, the better your chances of success in administrative proceedings or court.
Taking Action: Your Next Steps
If you’re experiencing workplace discrimination, don’t wait to protect your rights. Time limits and evidence preservation make early action crucial.
Immediate Steps:
- Start documenting incidents immediately
- Preserve all relevant documents and communications
- Identify potential witnesses who can support your claims
- Consider whether to report internally based on your safety
- Seek legal consultation to understand your options
Evaluation Questions: Before deciding how to proceed, consider:
- How severe and frequent is the discrimination?
- Do you have strong evidence of discriminatory intent?
- Are other employees experiencing similar treatment?
- What outcomes do you hope to achieve?
- Are you prepared for potential retaliation?
Legal Deadlines: Remember these crucial time limits:
- DCR complaints: 180 days from discriminatory act
- EEOC charges: 300 days from discriminatory act
- Direct lawsuits: 2 years from discriminatory act
- Federal court: 90 days after EEOC right-to-sue letter
Missing these deadlines can forever bar your claims, regardless of how strong your case might be.
Support Resources:
- New Jersey Division on Civil Rights: 973-648-2700
- EEOC Newark Office: 973-645-6383
- Legal Services of New Jersey: 1-888-LSNJ-LAW
- Employee rights information: MyWorkRights.nj.gov
Conclusion: Fighting for Your Rights
Workplace discrimination violates fundamental principles of fairness and equality. New Jersey’s strong anti-discrimination laws provide powerful tools to fight back, but only if you know your rights and take appropriate action.
The recent strengthening of these laws, including protections for remote workers and domestic employees, shows New Jersey’s commitment to creating fair workplaces for everyone. Courts are awarding substantial damages to discrimination victims, sending clear messages that bias and harassment won’t be tolerated.
If you’re experiencing workplace discrimination, you don’t have to suffer alone. The law is on your side, and experienced legal help is available. Document what’s happening, preserve your evidence, and seek advice from a qualified New Jersey employment lawyer who can guide you through the process.
Remember that fighting discrimination not only protects your rights but also helps create better workplaces for everyone. Your courage to speak up can make a difference for current and future employees who might face similar treatment.
Time is critical in discrimination cases. Don’t let deadlines pass or evidence disappear while you wait for things to improve. Take action to protect your rights and hold discriminatory employers accountable.
If you’re facing workplace discrimination in New Jersey, contact me today for a confidential consultation. As an experienced New Jersey employment lawyer, I understand the state’s anti-discrimination laws and have helped many workers get the justice they deserve. I work on a contingency fee basis, so you pay nothing unless I win your case. Don’t let discrimination continue – call now to discuss your legal options and start fighting for your rights.