Unlawful Affirmative Action/Reverse Discrimination
Central New Jersey Unlawful Affirmative Action Lawyer
As a society, we have prohibited discrimination in the workplace based on race, age, national origin, gender, disability, and other conditions. Some employers have gone further – adopting affirmative action plans to remedy the effects of past discrimination and to ensure a diverse workforce.
Affirmative action can be a lawful remedy for discrimination, but only when it is used properly. Problems arise when a company or a government entity puts an affirmative action plan into effect when there was no demonstrated history of discrimination. Putting an unlawful affirmative action plan in place and enforcing it is automatically discriminatory.
The attorneys at Kingston Law Group have more than 50 years of combined experience in employment law. We represent victims of illegal reverse discrimination and unlawful affirmative action programs. send us an e-mail to schedule a consultation.
Know Your Rights – Are You a Victim of Unlawful Reverse Discrimination?
What happens to those employees who are not beneficiaries of affirmative action plans, or who are denied promotion and career development opportunities because management has decided to provide improper advancement opportunities for individuals belonging to a protected class? Under federal Title VII, the New Jersey Law Against Discrimination (LAD), and other state and federal civil rights laws, victims of unlawful reverse discrimination have rights. They also have the ability to obtain justice and compensation for the wrongs done to them.
Two Types of Illegal Reverse Discrimination
There are two types of unlawful reverse discrimination:
- An individual manager takes specific improper actions that favor a certain class of employee to the detriment of another employee.
- An employer applies a flawed affirmative action program or applies a lawful affirmative action program in an inconsistent manner.
Proving either type of reverse discrimination is not easy. An employer’s good intentions, however, are not enough to defeat a claim of unlawful reverse discrimination.
At Kingston Law Group, we understand the complex law as it applies to these unusual circumstances. In representing you, we will conduct a comprehensive review of the facts. We will document specific behaviors of managers and analyze the soundness and legality of the affirmative action conduct. Using the law, we will work to develop a strong and persuasive case for you.
Compensation and Justice for Victims of Unlawful Reverse Discrimination
Victims of unlawful reverse discrimination may obtain compensation for back pay, lost future earnings, benefits, emotional suffering, attorney’s fees and possibly punitive damages. We have experience handling these types of cases. In 2004 we handled a case for a Federal Aviation Administration (FAA) employee who was denied eight promotions over a three-year period. In a 22-day trial, we submitted evidence of an unwritten, but well-known, policy within the FAA to promote women and minorities at least 50 percent of the time. This unlawful affirmative action plan had no time limit. In that case, we obtained a substantial settlement for our client, getting him more by settlement than he would have achieved had the case gone to verdict, and helped put an end to the illegal affirmative action plan in place at the FAA.
Our goal in your case will be to obtain the compensation, benefits, and justice that you have been denied.
Contact an Attorney Experienced in Unlawful Affirmative Action Plan Litigation
If you believe that you have been the victim of unlawful affirmative action/reverse discrimination in the workplace, please contact us at our Central New Jersey office to arrange a consultation with a lawyer. We accept credit cards and offer general appointments from 9 a.m. to 5:30 p.m., Monday to Friday, plus evening appointments during the week by pre-arrangement only.