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Overview of the NJLAD

Lawyer of the New Jersey Law Against Discrimination

Lawyer Basking Ridge Discrimination Claims

The New Jersey Law Against Discrimination (NJLAD) is a statutory protection for employees. It is a broad mandate that prohibits discrimination in the workplace, including in hiring, firing, compensation, terms and conditions of employment, and retirement. An employer cannot undertake action against any employee for discriminatory reasons.

The Mark Law Firm and its team has over 15 years each of employment law experience, representing clients on technical aspects of the New Jersey Law Against Discrimination, including counseling, monitoring, litigating, mediation, and trial work.

It is often said that the NJLAD is remedial social legislation whose overarching goal is to eradicate the cancer of discrimination. As such, the NJLAD was enacted to ensure that:

“All persons shall have the opportunity to obtain employment, and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation, and other real property without discrimination because of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression or source of lawful income used for rental or mortgage payments, subject only to conditions and limitations applicable alike to all persons. This opportunity is recognized as and declared to be a civil right.” (NJSA 10:5-4).

In furtherance of that goal, the Act declares it to be an unlawful employment practice, or as the case may be, unlawful discrimination “for an employer, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment….” NJSA 10:5-12(a).

The Mark Law Firm represents clients throughout the state of New Jersey in many claims covered under the New Jersey Law Against Discrimination, such as

The Mark Law Firm also has handled many cases involving an employer’s failure to accommodate employees’ disabilities and religious needs. Both matters require an accommodation from an employer. The employee must provide the employer notice of the necessary accommodation, and once notice is provided, the employer must engage in the interactive process. The interactive process is a basic process wherein the employer and employee sit down and discuss what aspect of the disability or religious affiliation need to be accommodated by the employer. The employer will provide options for accommodations, and the employee will provide input as to how the accommodation will work for their needs. Once the two sides come to an agreement, the accommodation should be implemented as soon as possible. If the accommodation is impossible to provide or creates an undue hardship upon the company, the employer may not be required by law to accommodate the employee. The test of an accommodation is a balancing test.

Many acts of retaliation occur in the work place. Most commonly, retaliation happens when an employee reports he or she is being discriminated against or harassed due to a protected classification, or reports abuse by a supervisor of another employee who is identified within a protected class. After the report of harassment or discrimination is made, if the employee is subjected to an “adverse employment” action, such as demotion, suspension, loss of pay, or termination, then the employee may file a claim of retaliation under the New Jersey Law Against Discrimination.

The Mark Law Firm handles complex employment law matters throughout the State of New Jersey. For over 15 years, our trial team has advocated for employee rights. We are here to assist you and counsel you on your rights. Stop allowing your boss to bully you, stop being a victim, and speak to a lawyer at The Mark Law Firm who will stand up for you and fight for your rights. Contact The Mark Law Firm today. Call us at 908-375-6767.

The Mark Law Firm and its team represents discrimination clients in Bedminster, Warren and Somerville, New Jersey.

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