Employment law is a broad area of law that covers how employers treat their employees (current, former, and applicants for employment).  Lots of employment law firms represent both employers and employees.  DiRienzo Law Firm represents solely the employee who have suffered from the following illegal actions by their employers:

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• Wrongful Termination

• Hostile Work Environment

• Race Discrimination

• Sexual Harassment

• Age Discrimination

• Gender Discrimination

• Sexual Orientation Discrimination

• Disability Discrimination

• Religious Discrimination

• Whistleblower & Retaliation

• Family Medical Leave Discrimination

• Severance & Non-Compete Agreements

• Employment Contract Breach

• Discriminatory Hiring

• Unemployment Benefits

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       The New Jersey State Laws tend to provide broader and stronger protections for the employee than the Federal Laws.  Some New Jersey State Employment Laws are:

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• New Jersey Law Against Discrimination (LAD);

• New Jersey Equal Pay Act (NJEPA);

• New Jersey State Wage and Hour Law;

• New Jersey Earned Sick Leave Law;

• New Jersey State Wage Payment Law; and

• New Jersey Prevailing Wage Act.

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       Also, the following are some of the many Federal Laws that protect employees:

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• Title VII of the Civil Rights Act of 1964;

• Pregnancy Discrimination Act;

• Age Discrimination in Employment Act of 1967 (ADEA);

• Americans with Disabilities Act of 1990 (ADA);

• Equal Pay Act of 1963 (EPA);

• Genetic Information and Nondiscrimination Act of 2008 (GINA);

• Family and Medical Leave Act (FMLA);

• Fair Labor Standards Act; and

• Whistleblower Protection Act of 1989.

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       DiRienzo Law will ensure that you are able to work in a healthy work environment, not subject to discrimination and harassment, or get you the benefits you deserve for suffering as a result of your employers’ illegal actions.  You will receive experienced and dedicated legal representation at the DiRienzo Law Firm.

 

How Do I Know If I Have Been Discriminated Against? 

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       An employer cannot fire, demote, deny a promotion or raise, pay less money, or treat an employee unfairly in any other manner for discriminatory reasons.

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       The New Jersey Law Against Discrimination (NJLAD) prevents employers from treating employees differently based on race, color, national origin, creed, nationality, ancestry, age, religion, sex, pregnancy, marital or familial status, domestic partnership or civil union status, sexual orientation, gender identity, atypical hereditary cellular or blood traits, military service, mental and/or physical disability or perceived disability, sexual harassment, genetic information, and AIDS or HIV status.

 

       Also, there are numerous Federal Discrimination Laws: Title VII of the 1964 Civil Rights Act makes it illegal for employers to discriminate because of sex, race, color, national origin and religion. The Federal Age Discrimination in Employment Act (“ADEA”) outlaws workplace discrimination because of age. The Americans with Disabilities Act (“ADA”) makes it illegal for employers to discriminate against employees based on disability and requires employers to provide reasonable accommodations to employees with disabilities if it will enable them to perform the essential functions of the job. The Uniformed Services Employment and Re-employment Rights Act (“USERRA”) protects veterans from discrimination based on their military service.

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       Most employers know that discrimination is illegal and will try to hide their discriminatory conduct.  While it is rare to have direct evidence of discrimination, it is often proven through indirect or circumstantial evidence. As an example of evidence of age discrimination: An older worker may be laid off and a much younger person is then hired to perform the same job duties for lower pay or there is a layoff of workers that disproportionally effect older workers.

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How Much Time Do I Have to Sue for Discrimination?

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       If you are suing under a Federal Law, you must first file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the discrimination. If the EEOC is unable to find reasonable cause to believe discrimination occurred, the employee has 90 days to file a lawsuit in Federal Court.

 

       If suing under the N.J. State Law Against Discrimination (LAD), you have 2 years to file from the date of discriminatory act. You also have the option, but are not required, to file with the N.J. Division of Civil Rights within 180 days from the last act of discrimination.

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       As you can see, the time frame and procedures to sue for discrimination vary greatly depending which is why it’s extremely important to speak with a lawyer immediately about your case.

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Can I Sue My Employer for Harassing Me and Creating a Hostile Work Environment?

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       Its unlawful for your employer to harass you or subject you to a hostile work environment on the basis of your race, color, national origin, creed, nationality, ancestry, age, religion, sex, pregnancy, marital or familial status, domestic partnership or civil union status, sexual orientation, gender identity, atypical hereditary cellular or blood traits, military service, mental and/or physical disability or perceived disability, sexual harassment, genetic information, and AIDS or HIV status.

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       The offensive behavior must be so severe or pervasive that a reasonable person in the same protected class would find it hostile or intimidating and that it changes the conditions of the victim’s employment. The Courts look at numerous factors such as how offensive was the act, how often the conduct occurs (one severe act or a series of minor actions) and whether the conduct interferes with an employee’s work performance.

 

 

Can I Sue My Employer If a Co-Worker Harasses Me and Creates a Hostile Work Environment?

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       Yes, if your employer knew or should have known that the harassment occurred and did nothing to timely stop it or did not have any effective anti-harassment policies or training. Some examples are inappropriate comments, emails, or texts about a person’s age, race, or sexual orientation.

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       Hostile work examples include physical touching and assaults, inappropriate comments and jokes, racial, sexual or other statements, sexually explicit emails or pictures, excessive yelling, screaming or swearing, less desirable job assignments, undeserved verbal or written reprimands, and other offensive or demeaning conduct that is motivated by your race, age, gender, pregnancy, mental or physical disability, religion, color, national origin, sexual orientation, military status, or any other protected category.

 

       If you believe that you have suffered a harassing and/or hostile work environment, immediately contact DiRienzo Law Office to schedule a consultation by Calling 908-329-2727 or filling out our Contact Form.