If your employer is discriminating against you, how can you prove this in court? Proving employment discrimination can often be difficult because evidence of discrimination may be elusive or otherwise hard to come by. However, there are a few ways wronged employees can make their claims in court and get their case before a jury.

Employment Discrimination

In New Jersey, the vast majority of employees are considered to be “at will” employees. This generally means that the employee can resign at anytime for any reason, and the similarly, the employer can terminate the employment of the employee at anytime for any reason, so long as the reason is not illegal and does not otherwise violate public policy doctrines. In these instances, certain federal and state place limitations on the employment-at-will doctrine by prohibiting employment discrimination by preventing employers from basing their employment decisions – hiring, firing, promotion and paying – on an individual employee’s protected class.

Protected classes are listed in various state and federal statutes. For example, both the New Jersey Law Against Discrimination (“NJLAD”) and Title VII of the Civil Rights Act of 1964, prohibit discrimination based on race, sex, religion and national origin. The American with Disabilities Act (ADA) prohibits discrimination based on an employee’s disability. Similarly, the Age Discrimination in Employment Act protects employees over the age of 40 from discrimination.

One of the way that an employee can succeed on an employment discrimination claim is to show that his/her/their employer intended to discriminate against him/her/them. In this instance, the key focus is the intent of the employer. Wronged employees generally have three ways of proving that their employers intended to discriminate: circumstantial evidence, direct evidence and pattern and practice.

Circumstantial Evidence

Circumstantial evidence is evidence that proves a fact by inference, as opposed to direct evidence which directly proves a fact. For example, sunlight coming through a window is circumstantial evidence that the sun is out, while looking outside and actually seeing the sun itself would be direct evidence that the sun is out.

Because sophisticated employers rarely acknowledge, let alone admit to their own discriminatory behavior, circumstantial evidence is the most common method by which employees prove their discrimination cases. Courts have developed a framework to analyze circumstantial evidence in employment discrimination cases called the McDonnell Douglas framework.

The employee must first present evidence that he/she/they is/are a member of a protected class, was qualified for the position he/she/they held, and suffered an adverse employment action such as being demoted or terminated. If the employee can establish these things, the burden shifts to the employer to provide evidence that there was a legitimate reason for the employer’s adverse employment action.

If the employer presents evidence showing that there was a legitimate reason for the adverse employment action, the burden shifts back to the employee to show that the employer’s claimed reason or explanation, is just a pretext for discrimination, or is combined with a discriminatory motive.

Direct Evidence

Direct evidence is evidence that proves discrimination without any inferences or presumptions. Direct evidence can be statements, written documents or emails. When it comes to employment discrimination, direct evidence is hard to come by. It’s not often that an employer sends an email to its employee saying that she is being fired because she is a woman. However, if this occurred, this would be direct evidence of employment discrimination.

Pattern and Practice

Evidence of pattern and practice is used in lawsuits to demonstrate that an employer has a continuing pattern of discriminatory decisions.

Nowadays, almost everyone would agree that all employees should be evaluated based upon their skills, experience and qualifications, and not upon their race, ancestry or national origin. The reality however is that discrimination (in terms of treatment, access to opportunities to advance, and pay equity) remains a serious problem in the workplace in the United States generally, and in New Jersey, specifically.  It is well documented that unfair stereotyping, harassment and discrimination can happen to any level of employee, in any organization, and within any industry. While overt harassment on the basis of race, ancestry and/or national origin can be easily identified, more sophisticated forms of inequitable treatment (particularly in regard to access to career advancement and issues around equitable pay) can be harder to identify and prove in Court. 

A few examples of racial discrimination that occur at the workplace:

• Use of derogatory terms, stereotypes or racial slurs about a person’s race

• The display of racially offensive or discriminatory symbols

• Discriminating against someone because they are married to a person of a different race or skin color

• Overlooking a person of color for a promotion or mentoring opportunities

Employees are protected from race, ancestry and national origin discrimination in the workplace by multiple laws, including federally by the Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1866. Each state also has its own anti-discrimination laws, and in New Jersey, the New Jersey Law Against Discrimination affords these protections. These laws prohibit employers from discriminating in hiring, interviewing, recruiting, demoting, hiring, promoting or in any other job-related action on the basis of a person’s race, color, ancestry and/or national origin. The prohibitions include making decisions based on stereotypes, the person’s association with others of an ethnic minority or associations with ethnic groups or organizations.

At Lewis Tillmann Law Offices, we provide effective, solutions-focused representation to employees. If you were the victim of race, ancestry and/or national origin based discrimination or harassment, we will work to protect your rights. To set up a completely confidential consultation, please call us today at (609) 688-9184. 

If You Make A Workplace Complaint About Discrimination or Harassment, You Are Legally Protected Against Adverse Employment From Your Employer

You have a legal right to report discrimination and/or harassment in the workplace. Your company or organization may not punish you simply because you filed a complaint. Taking adverse action against an employee who reported discrimination or filed a complaint is known as ‘retaliation’ and it is an illegal practice under both federal law and New Jersey law. 

If you were fired, demoted, or experienced retaliation because you complained about discrimination, harassment, or unequal pay, you may have a valid lawsuit even if the basis of your initial complaint does not merit a lawsuit. Contact us at Lewis Tillmann Law Offices to discuss your rights and remedies. 

Workplace sexual harassment damages lives. Being forced to navigate around unwanted and unwelcome attention because of your sex can be devastating to your career, as well as your short and long term emotional health and wellness. Sexual harassment in the workplace is strictly prohibited under both state and federal laws, but unfortunately still frequently occurs. If you have experienced workplace sexual harassment, you might want to get help from an experienced sexual harassment lawyers at Lewis Tillmann Law Offices.

State and federal laws in New Jersey prohibit sex discrimination in the workplace. That prohibition extends to sexual harassment, which can include any unwanted speech or conduct of a sexual nature. No one, female or male, should be forced to endure unwanted and unwelcome sexual advances, comments, or touching in the workplace. This holds true whether the harassing party is the opposite or the same sex as the victim. Moreover, no one, female or male, should have to suffer adverse employment treatment – even of a non-sexual nature – because of gender. 

At Lewis Tillmann Law Offices, our New Jersey sexual harassment lawyer is a skilled and effective advocate for employee rights. We fight tirelessly to put a stop to sexual harassment in the workplace and get our clients justice and accountability. Our employment law firm is experienced in pursuing and resolving workplace sexual harassment claims under both state and federal law in New Jersey. If you have been subjected to sexual harassment in the workplace, contact our law firm at (609) 688-9184 for a strictly confidential consultation. 

Sexual harassment is a form of sex discrimination, and it is illegal under the New Jersey Law Against Discrimination, and Title VII of the federal Civil Rights Act. Under these laws, courts generally classify sexual harassment into one of two categories: quid pro quo sexual harassment and hostile work environment sexual harassment. 

Quid Pro Quo Sexual Harassment: This occurs when an employer, or its agent, attempts to make a submission to sexual demands a condition of employment. For instance, an employer (or an agent, such as a supervisor) might communicate to a worker that he or she must tolerate sexual advances, groping, go on dates, or even sexual relations in order to receive raises and promotions - or even just to remain employed. If this occurs, you are being subjected to quid pro quo sexual harassment even if a supervisor or employer never followed through with the implicated threat (of denied salary increase, demotion or termination). In other words, the mere offer or threat of a quid pro quo arrangement is, itself, a form of sexual harassment. 

Hostile Work Environment Sexual Harassment: This occurs when a worker is subjected to offensive conduct due to his or her sex, and such conduct is so severe or pervasive that it renders the workplace untenable or even abusive. It can include unwelcome “jokes,” remarks, gestures, taunts, and physical contact. Hostile work environment sexual harassment claims are especially complex. It is not always clear as to what constitutes “severe” or “pervasive” harassment. Nevertheless, if you were made to feel uncomfortable, unwelcome, or unsafe at work, you should consult with an experienced New Jersey sexual harassment attorney. 

Sexual harassment at work can take many forms and can come from many sources. It may be committed by male or female coworkers or supervisors, and it may target male or female employees. Examples of workplace sexual harassment include, but are not limited to:

• Offensive sexual or sexist comments or jokes;

• Receiving repeated inappropriate comments about your physical appearance;

• Sexual advances and requests for sexual favors;

• Physical harassment such as unwelcome touching or groping, even if “in jest;”

• Sexual coercion, including rape;

• Viewing pornography at work;

• Repeatedly asking for a date after being turned down; and

• Many other types of unwelcome comments or conduct of a sexual nature.

In some cases, sexual harassment is egregious. In other cases, it is more subtle. Regardless of the type of sexual harassment you endured in the workplace, please do not assume that you are without rights or options. We encourage you to schedule a free, confidential consultation with our New Jersey employment attorney.    

Employers Have a Duty to Prevent, Investigate Sexual Harassment

In New Jersey, employers have an affirmative duty to protect workers from sexual harassment. Simple ignorance is not necessarily a valid defense in a sexual harassment lawsuit. A company or organization may be responsible for harassment committed by many different parties, including business managers, supervisors, co-workers and other employees, independent contractors, clients and customers.

Companies and organizations should implement proper protocols to prevent sexual harassment in the workplace from happening in the first place. Additionally, when sexual harassment is reported by an employee, the employer has a duty to take the complaint seriously, treat the employee fairly, promptly investigate the matter, and take the appropriate action to address the problem. Failure to do so is an indication that an employer is not living up to its legal obligations. 

You Have A Lawful Right to Report Sexual Harassment At Work

Naturally, many employees are worried about what will happen when they report sexual harassment. This is an especially pressing concern when the harasser is a supervisor or boss. Understandably, employees worry that their employer will take advantage of the unequal power dynamics and punish them for complaining and asserting their rights. Please know it is unlawful for a New Jersey employer to take any adverse employment action against an employee who complains about and/or reports sexual harassment— regardless whether the complaint is done formally or informally.  

Punishing an employee who asserts their rights—including their right to complain about sexual harassment—is known as retaliation. It is a serious violation of New Jersey state and federal law. Retaliation comes in several different forms, including but not limited to: harassing the complaining employee, re-assigning an employee to a lower-paying or otherwise less-prestigious position; passing over the employee for a salary increase or promotion, or giving an unusually poor performance review following a complaint. If you are the victim was mistreated after reporting sexual harassment, please call our New Jersey workplace retaliation attorney at (609) 688-9184, so that we can assist you in protecting your rights. 

Founding attorney, Jacqueline Tillmann, is an experienced employee rights advocate. When you reach out to us, we will:

• Conduct a confidential review of your sexual harassment case;

• Answer any questions you have about your rights or your legal options;

• Investigate the incident—gathering evidence to support your claim; 

• Handle any correspondence or settlement talks with your employer;  and

• Devise a strategy focused on getting you the best possible outcome.  

Our New Jersey employment law firm handles sexual harassment claims with the highest level of care, sensitivity, and professional skill. We will take the approach that you are most comfortable with—we understand how challenging it can be to fight back against workplace harassment. You deserve personalized guidance and representation from a top New Jersey sexual harassment attorney.  

In many cases, workers will face difficult circumstances because of bias on the part of their employer as it relates to an employee’s disability – or, the employer’s incorrect perception of the employee’s disability. In the case of disability/handicap discrimination, employers are required to provide certain accommodations as long as doing so does not create an undue burden on the business. Despite such requirements, some employers will refuse to hire, or will fire or otherwise will negatively impact an employee’s position because of disability. Employers must take reasonable steps to accommodate disabled employees. The process often involves an interaction and communication between the employer and the employee to develop strategies to improve the employee’s ability to function effectively within the workplace. If the employer refuses to engage in this interactive process, the employee may have a viable discrimination claim.

It is important to know that the company you work for cannot ask job applicants about the existence or severity of their disability. However, they can ask about an employee’s ability to perform certain work functions.  Our experienced disability discrimination will assist you in getting your deserved compensation, the proper accommodations (so that you can remain at work and employed) or, in the case of termination - your job back. You deserve trusted legal help and we will work to build the strongest possible case for you.

Many things change with age. Respect in the workplace should not be among them. You should always be judged on your individual qualifications—not on stereotyped because of your age. Discrimination on the basis of age is illegal and yet people over age 40 face discrimination in hiring decisions, in promotional opportunities, and in training opportunities. Despite their ability and experience, employees and managers over 40 are often the first to be affected by staff reductions and layoffs.

At Lewis Tillmann Law Offices, our top-rated New Jersey age discrimination attorney is an experienced, results-driven advocate for clients. We represent employees who have suffered economic losses or a blocks to their access to promotions (i.e., “glass ceiling” ) due to age discrimination. If you were discriminated against or harassed because of your age, we are here to assist you.

The Equal Employment Opportunity Commission (“EEOC”), describes that age discrimination occurs when an employer treats a job applicant, or a current employee, less favorably because of their age. State and federal age discrimination regulations protect workers who are 40 years of age and older. To bring a successful age discrimination lawsuit in New Jersey, you must first establish that you were subject to an adverse employment action. Some common examples of adverse employment action include, but are not limited to: 

• Refusal to hire an applicant; 

• Failure to offer a promotion;

• Harassment or abuse in the workplace. 

• Repeated reference to the employee’s age, energy level and inquiries about retirement;

• Assignment of undesirable assignments;

• Denial of fair pay or benefits; 

• Unfair termination (firing or layoff).

To constitute age discrimination, there must be a causal connection between the adverse employment action and your age. An employee must prove that the supervisor/employee had discriminatory animus. Our top-rated New Jersey employment lawyer has the skills and knowledge to help clients prove age discrimination in the workplace.

An Overview of Federal and State Age Discrimination Laws

In New Jersey, employees may be protected against age discrimination under both federal and state age discrimination laws. The primary federal law barring age discrimination is the Age Discrimination in Employment Act of 1967 (ADEA). The ADEA applies to private employers with 20 or more total employees. Additionally, it applies to federal and state government agencies. The ADEA strictly prohibits adverse employment actions based on age. If you have any questions about filing a claim before the EEOC, our age discrimination lawyer can help. 

The New Jersey Law Against Discrimination (LAD) also provides key legal protections against workplace age discrimination. In many ways, New Jersey’s state-level age discrimination law is similar to the federal statute. However, the New Jersey LAD applies to some smaller employers that are not subject to federal age discrimination law. If you have any specific questions about your rights under state or federal law, our New Jersey workplace discrimination lawyer is here to help. 

A short-term financial setback is often the reason a company uses to lay off a percentage of its workforce. When that layoff accomplishes the goal of relieving the company of an unusually high percentage of higher-paid, more experienced older workers and managers, age discrimination may be part of the decision making equation. This is illegal under the New Jersey Law Against Discrimination and the Age Discrimination in Employment Act of 1967 (ADEA).

In addition, a federal law called the Older Workers Benefit Protection Act (OWBPA) offers important legal protections to employees who are over the age of 40 when certain companies engage in staff reductions. If you have been laid off and you believe your company unfairly discriminated against you because of your age in its layoff decision, contact our office about filing a lawsuit or an EEOC complaint. Our lawyers handle individual and class action age discrimination lawsuits and unfair terminations lawsuits.

Demotion or Job Shifting: Do Not Assume You are Without Options

When older workers in factories, on assembly lines, or in sales departments find themselves shifted to less lucrative positions because their boss decided they couldn’t handle the demands of their job anymore, age discrimination may be a factor. If this happened to you, please know that you have legal options available. 

A demotion is a textbook example of an adverse employment action. You can bring an age discrimination claim if you were demoted, reassigned or otherwise unfavorably treated simply because of stereotypes about your age. You do not have to be terminated from your position in order to have legal rights. 

First, although state and federal law prohibits discrimination against workers ages 40 and older, most of my cases involve employees approaching retirement age, ages 55 and up. Exceptions can occur by industry. For example, sales and IT are notoriously biased toward younger (and in sales, preferably unmarried and childless) workers.

Age bias routinely occurs after a change in management. Often a company is acquired, resulting in a new management team eager to curry favor with higher-ups and shareholders by cutting costs. One of the easiest way to do so is through the low-hanging fruit of firing workers 55 and older, regardless of the experience and judgment they bring to the table.

Examples of Age Discrimination

Because they are well-versed in the anti-discrimination laws, employers know that the only way to terminate a worker because of her age is to invent a reason — and so they do. The new manager in his 30s starts subjecting his 58-year-old subordinate to written reprimands for negligible paperwork errors or small details that were never an issue with the prior manager. The 60-year-old nurse gets put on a Performance Improvement Plan for practices that, for years, were commonplace and accepted on her hospital floor. Mountains are made of molehills.

While most employers craft bogus warnings or PIPS to lay the groundwork for termination, I have seen older workers get fired for just a single minor infraction.

Protecting Yourself from Age Discrimination

Given that age discrimination is widespread and pernicious, what can you do, as an older worker, to protect yourself? There are no easy answers and no foolproof “silver bullets.” However, I advise you to:

Keep performing to the very best of your ability. Do your utmost not to give your boss a reason to let you go. This might entail taking classes or undergoing training on new systems. Remain receptive to learning and to adopting the practices of your management team, even if these are different from the “old way” of doing things.

Make sure your achievements are documented and, to the extent possible, known to management. Did your bank client send you a glowing email regarding your efficiency and accuracy in preparing tax returns? Then forward a copy of the email to your manager. Did the parents of one of your students send you a heartfelt letter of thanks for assisting the student at lunchtime/after school? Did the spouse of your patient give you a card thanking you for your outstanding level of care? Then be sure to keep these documents and ask management to allow you to submit them to your personnel file.

When other older workers are terminated and/or begin to leave, communicate, and make the effort to stay in touch. To look less suspicious, new management often targets older workers one at a time, either firing them outright or pressuring them to get out. If you know any such older workers, keep your lines of communication open with them by exchanging emails or phone numbers. In my practice, I have found that other terminated workers are often amenable to giving sworn statements in support of my clients’ age discrimination claims. Furthermore, evidence that you are one of a group of older workers subjected to age bias undeniably bolsters your claim. There is strength in numbers.

Keep track of the age of replacements. In the same vein, when other older workers are terminated and/or begin to leave, notice whether they are replaced with workers in their 20s or 30s.

If you believe you are being targeted, call an attorney. Once management begins subjecting you to undue scrutiny, or puts you on what you believe to be an unwarranted PIP, it’s prudent to call an attorney to discuss your situation and explore your alternatives going forward.

You Can Rely on New Jersey Age Discrimination Attorney Jacqueline Tillmann

Age discrimination claims are notoriously complex. Employees need a reliable legal representative in their corner. Our founding attorney, Jacqueline Tillmann, is a skilled employment law advocate who has extensive experience bringing age discrimination claims. Before launching her own law firm, she worked in both arenas – representing plaintiffs and defending large corporations. For this reason, she is familiar with the tactics and strategies that companies and their attorneys use when defending discrimination claims.

When you contact Lewis Tillmann Law Offices, you will have an opportunity to speak directly to a New Jersey age discrimination attorney who will: 

• Conduct a free, confidential review of your employment law claim;  

• Answer your questions and explain the legal process; 

• Investigate the case—securing all evidence of age discrimination; and

• Take action to protect your workplace rights and get justice. 

Every age discrimination case is different. We will handle your case with the personal attention that it deserves.  Is there proof that you can’t do your job your age? Or did your employer simply decide this was the case? If your financial security has been jeopardized unfairly, you need to take action to protect your rights.

Our  knowledgeable employment discrimination attorney will fight for you and hold your employer accountable. There are two basic forms of discrimination that are recognized by law. The first is when the company you work for fails to make a reasonable accommodation. Once you have notified your employer of a legitimate belief that conflicts with a job requirement, they are required to make an effort to accommodate your needs. If they fail to do so, you may have a case.

The second form of discrimination is religious harassment. This means that your co-workers, whether a manager or colleague, cannot harass you in any way. Harassment can range from making jokes about your beliefs to threatening termination. You also cannot be forced to participate in any religious activities that you don’t believe in and/or ascribe to.

Religious Discrimination Is Illegal. Get The Help Your Case Deserves.

Whether your employer is not permitting you to celebrate a specific holiday, or they allow you to be subjected to harassment from other co-workers, you have rights. To discuss your case please call (609) 688-9184, to talk with someone with experience in this area.