New Jersey Workplace Discrimination

New Jersey's Law Against Discrimination provides broad protection against discriminatory practices in the workplace. If you've been treated differently because of who you are, the attorneys at Mark & Kleinfeldt are ready to fight for you.

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What Is Workplace Discrimination Under New Jersey Law?

Although some overt kinds of discrimination may have become less common, subtle forms of discrimination can persist and adapt to novel workplace environments. Discrimination doesn't always look the way people expect — it can be a pattern of small decisions, a hostile environment, or a single adverse action, and it can be just as illegal as something more obvious.

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The New Jersey Law Against Discrimination (NJLAD) provides broad protection against a wide variety of discriminatory practices. The NJLAD prohibits employers from taking any adverse employment actions based on a protected characteristic — including decisions related to hiring, firing, compensation, benefits, working conditions, promotions, and any other term or condition of employment. It also protects you from signing an arbitration agreement.

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New Jersey's protections are broader than federal law in several important ways. The NJLAD applies to all employers in New Jersey regardless of size, while federal anti-discrimination laws only apply to employers above a certain employee threshold. The NJLAD also covers more protected characteristics, including sexual orientation and gender identity, where federal protections are more limited.

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New Jersey Law Against Discrimination (NJLAD)

One of the broadest anti-discrimination statutes in the country — protects employees from discrimination based on race, gender, age, pregnancy, disability, sexual orientation, religion, national origin, and more. The NJLAD applies to all New Jersey employers.

If this law has been violated in your workplace, you may have a legal claim, and the time to pursue it is limited.

Signs You May Have a Workplace Discrimination Claim

If any of these sound familiar, you may have a legal claim, even if you're not certain. A consultation is the fastest way to find out.

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Fired shortly after disclosing a pregnancy or medical condition

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Passed over for a promotion despite being the most qualified candidate

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Paid less than colleagues who do the same work

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Assigned to less desirable shifts, clients, or projects after complaining about treatment

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Let go during a reduction in force while less senior employees in a different demographic were retained

What You Need to Prove in a Workplace Discrimination Case

To bring a successful discrimination claim under the NJLAD, an employee generally needs to show the following:

The NJLAD protects employees from discrimination based on race, gender, gender identity and expression, age, pregnancy, disability, sexual orientation, religion, national origin, and other protected characteristics. Protection extends to employees who are perceived to be a member of a protected class, even if they are not, and to people associated with individuals who are members of a protected class.

You were meeting the legitimate expectations of your employer and performing your job adequately at the time the adverse action occurred.

Your employer took a negative action against you — termination, demotion, pay cut, failure to promote, or a change in the terms or conditions of your employment.

The adverse action was taken, at least in part, because of your protected characteristic. This does not require proof that discrimination was the only reason — only that it played a role.

Discrimination Claims We Handle

Workplace discrimination takes many forms. Find the specific type that applies to your situation.

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Race Discrimination

If your employer has treated you differently because of your race or national origin — in promotions, pay, discipline, or termination — the NJLAD may protect you. Race discrimination is one of the most common employment law claims in New Jersey.

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Pregnancy Discrimination

If you were demoted, passed over, or fired because you were pregnant or had recently given birth, New Jersey law protects you. Employers are also required to provide reasonable accommodation for pregnancy-related conditions.

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Age Discrimination

Age Discrimination

If you were pushed out, passed over, or treated differently because of your age, the NJLAD may protect you. Claims most commonly involve workers 40 and older, and New Jersey's protections are broader than federal law.

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Gender Discrimination

If you were paid less, denied opportunities, or treated differently because of your gender, both Title VII and the NJLAD protect you across every aspect of employment, from hiring and pay to promotions and termination.

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Disability Discrimination

If you were fired, passed over, or denied accommodation because of an actual or perceived disability, the ADA and the NJLAD protect you. Employers are generally required to provide reasonable accommodation unless it creates an undue hardship.

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Religious Discrimination

If you were denied a religious accommodation, harassed because of your faith, or forced to choose between your religion and your job, the NJLAD protects you and generally requires employers to provide reasonable religious accommodations.

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Sexual Orientation Discrimination

If you were fired, passed over, or harassed because of your sexual orientation or gender identity, both the NJLAD and federal law protect you. New Jersey's protections are explicit and among the strongest in the country.

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Was Your Discrimination Followed by a Termination?

Discrimination and wrongful termination frequently go hand in hand. If your employer discriminated against you and then fired you, you may have claims under both the NJLAD and New Jersey's wrongful termination protections. The two claims can be pursued together, and having both may significantly affect the value of your case.

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How Workplace Discrimination Cases Work in New Jersey

If you believe you've been discriminated against at work, here is what the process generally looks like.

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Case Evaluation

An attorney reviews the facts of your situation and tells you whether you have a viable discrimination claim, what it might be worth, and what your options are. No commitment required.

Case Evaluation
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Investigation

The firm investigates by gathering evidence — performance reviews, comparator data, emails and communications, HR records, and witness statements. Discrimination cases often turn on patterns and timing, and building the evidentiary record early is critical.

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Filing

Depending on the specific claim and how it is pursued, a complaint may be filed in state or federal court or with the EEOC.

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Negotiation or Trial

Mark & Kleinfeldt negotiates from a position of strength, prepared and willing to go to trial when the situation calls for it. That posture changes what employers offer at the negotiating table.

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Resolution

Successful discrimination claims under the NJLAD can result in back pay and lost wages, compensatory damages for emotional distress, reinstatement, attorney's fees and costs, and in cases of intentional discrimination, punitive damages.

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Results We've Secured in Workplace Discrimination Cases

These outcomes reflect the range of discrimination claims the firm has handled for New Jersey employees, from race and age discrimination to disability and national origin cases.

  1. $1.2M

    Race Discrimination

    A New Jersey employee subjected to a hostile work environment and terminated based on race.

  2. $310K

    National Origin Discrimination

    A New Jersey employee subjected to discriminatory treatment based on national origin.

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Related Claims

Employment law claims often overlap. If any of the following sound familiar, you may have more than one claim worth exploring.

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Hostile Work Environment

Racial discrimination often takes the form of a hostile work environment built on slurs, jokes, or persistent offensive conduct. If that describes your situation, you may have a hostile work environment claim alongside your race discrimination claim.

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Wrongful Termination

If you were fired because of your race, your race discrimination claim and a wrongful termination claim may run together.

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Frequently Asked Questions

More FAQs

An adverse employment action is any significant change in your employment status or conditions. This includes termination, demotion, pay cuts, failure to promote, reassignment to less desirable duties, denial of benefits, and other actions that materially affect your job. Minor inconveniences or trivial slights generally do not qualify, but a pattern of smaller actions can sometimes add up to an adverse employment action.

No. Discrimination is rarely admitted outright. Cases are built on circumstantial evidence — patterns of decisions, timing, comparisons to how similarly situated employees were treated, and statements that suggest a discriminatory motive. An attorney can evaluate the evidence in your situation and determine whether it supports a viable claim.

Yes. You do not have to be fired to have a discrimination claim. Ongoing discrimination, harassment, denial of promotion, pay disparities, and other adverse actions can all form the basis of a claim while you are still employed.

The EEOC is the federal agency that enforces federal anti-discrimination laws. The New Jersey Division on Civil Rights (DCR) enforces the NJLAD at the state level. Depending on your situation, you may file with either agency, both, or pursue your claim directly in New Jersey Superior Court. An attorney can advise you on which path makes sense for your specific circumstances.

Under the NJLAD, you generally have two years from the date of the last discriminatory act to file a claim. Employment law claims are time-sensitive — speak with an attorney as soon as possible. The deadline depends on which law you pursue and where you file. However, the statute of limitations for NJLAD cases filed in Superior Court is two years from the last act of discrimination.

Ready to Find Out If You Have a Discrimination Case?

You've learned what workplace discrimination covers in New Jersey and what you would need to show. The next step is a conversation with a Certified Civil Trial Attorney who can tell you specifically whether what happened to you is legally actionable.

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