Employment Discrimination Attorneys in New Jersey
Free Consultation & Same-Day Appointments from our Marlton & Northfield Locations
Despite the existence of prohibitory federal and state laws, employment discrimination still occurs. When it does, the employee/victim may wish to bring an employment discrimination claim against his or her employer. However, it can be difficult to prove claims of discrimination; therefore, it is imperative to have a skilled employment discrimination lawyer on your side who can uncover evidence of the discrimination and increase your chances of succeeding in your claim.
At Burnham Douglass Attorneys at Law, our New Jersey employment lawyers provide experienced representation for employment discrimination claims based on violations of the New Jersey Law Against Discrimination. Call to learn more: (856) 512-1461.
New Jersey Law Against Discrimination (NJLAD)
It may be advantageous for claimants to proceed under the NJLAD because it is broader than the federal law governing employment discrimination (Title VII of the Civil Rights Act of 1964). Whereas the federal law prohibits employers from discriminating based on sex, race, color, national origin or religion.
The NJLAD prohibits discrimination based on many more factors:
- National origin
- Marital or domestic partnership status
- Sexual orientation
- Gender identity or expression
- Atypical cellular or blood trait
- Genetic information
- Military service
- Mental or physical perceived disability
- AIDS/HIV status
It is also advantageous to proceed under the NJLAD because employees can proceed directly to state court with their claim. There is no requirement to initially file with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights. Also, federal laws have damage caps in place whereas the NJLAD does not place limits on the amount a plaintiff can recover.
Types of Employment Discrimination
Employment discrimination can take place during the hiring process, during the course of employment, and/or at the time of termination. Job offers, salary offers, benefits, promotions, demotions and firings may not be based on a protected characteristic under the NJLAD. Employees should also not be subject to harassment, retaliation or a hostile work environment.
Our New Jersey employment discrimination lawyers at Burnham Douglass Attorneys at Law are committed to protecting the rights of employees and holding discriminatory employers accountable. We have successfully litigated many types of employment discrimination claims, including those based on:
- Gender – By law, employees may not be treated differently based on their sex. Unfortunately, this commonly happens when a female employee is passed over for a promotion in favor of a less qualified employee of the opposite sex.
- Sexual Orientation – Unlike the federal law against discrimination, the NJLAD explicitly prohibits discrimination based on sexual orientation. Heterosexual, bisexual or homosexual individuals may not be treated differently because of their actual or perceived sexual orientation.
- Pregnancy – It is illegal to discriminate against a woman because she is pregnant, and pregnant women are entitled to take time off for their childbirth and any related medical conditions. If you were rejected for a job or terminated from a position because of your pregnancy, you may have a pregnancy discrimination claim.
- Disability – Disabled persons may not be discriminated against, wrongfully terminated or subjected to a hostile work environment because of their disability. Employees also have the right to request a reasonable accommodation for a mental or physical disability and to take leave under the Family Medical Leave Act.
- Sexual Harassment – Sexual harassment in the workplace is prohibited. The NJLAD defines sexual harassment as unwelcome sexual advances, requests for sexual relations or other verbal or physical conduct of a sexual nature.
- Hostile Work Environment – This form of harassment occurs when an employee is subject to pervasive harassment that makes the atmosphere intimidating, hostile or offensive. Courts will consider many factors in determining whether a workplace constitutes a hostile work environment, including the type, frequency and severity of the discriminatory conduct.
How Can I Prove Discrimination at Work?
If you are filing a discrimination claim against your employer, you will need to provide evidence that shows he/she had a discriminatory motive for treating you unequally based on you being member of a protected class.
Your discrimination claim can include evidence such as:
- Testimony from those who witnessed the discriminatory behavior
- Diary or journal entries documenting the repeated incidents of discrimination
- Emails, documents, personnel files that can support your case
- Medical records if the discrimination severely affected your health
- Photographic or other physical evidence, such as inappropriate pictures sent to you
- Statistics that can show how a workplace policy affects members of a particular group
Your attorney can review your case and help you build a thorough, effective claim on your behalf.
Representing Victims of Employment Discrimination in South Jersey & Beyond
If you have been the victim of any form of discrimination, contact one of our experienced employment discrimination lawyers in Marlton & Northfield at Burnham Douglass Attorneys at Law. Backed by a winning team of experienced attorneys, we are dedicated to fighting for employees’ rights and obtaining the justice and compensation you deserve. From our offices conveniently located in Marlton and Somers Point, we represent clients throughout New Jersey.
Contact us online or call us at (856) 512-1461 for a complimentary, confidential consultation. We offer same-day appointments when needed and offer flexible officer hours, including night and weekend appointments.
Philip S. Burnham, II View Profile
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I am forever thankful for the legal help Ms. Michelle and Mr. Burnham did for my case.- Samantha V.
Michelle and Phil are excellent attorneys.- Paige B.
I am forever thankful for the legal help Ms. Michelle and Mr. Burnham did for my case.- S.V.
I could not have been more pleased with the firm or our result.- Michelle M.C.
Both Michelle and Phil made me feel like I was a family member they were representing.- Robert K. Petroski
After meeting Michelle, she gave me the confidence I needed to fight for what I deserved.- Maria Marino
I never knew compassion, value and honesty could exist in an attorney until I met Philip.- Dan
She was always very prompt in her follow-up and developed a winning strategy for me.- James Runyon
Michelle Douglass is a straight shooter and fights for your rights.- Dave Daniels
Phil's service exceeded my expectations and I found him to be more responsive and sensitive to my situation than the previous lawyer I had used.- Abby
We approach each client with compassion, empathy and care.
We have an in-depth understanding of the law and how it relates to your unique case.
We will provide you with the personal attention your case deserves.
We offer video, after hour and weekend appointments for your convenience.
We deliver high-quality legal work because we handle select cases.
We have been serving the needs of our clients for over 30 years and are dedicated to your success.