If you work in New Jersey and think your employer unlawfully discriminated against you, you may have legal rights to help you seek accountability. Two laws may protect you: the federal Title VII of the Civil Rights Act of 1964, and the New Jersey Law Against Discrimination.

The Kingston Law Group helps people in New Jersey whose treatment at work is illegal. We can review your case, discuss applicable laws, and explain your legal options. Call us today at 609-683-7400 to learn more.

What Is Unlawful Employment Discrimination?

Unlawful employment discrimination happens when an employer’s treatment of a worker or job applicant violates a local ordinance, state, or federal law. An employer is free to treat their employees as poorly as they want, as long as they don’t cross a legal line

Discrimination, in the form of a negative or adverse employment action, can include:

• Not being hired for a job
• Being fired or laid off
• Being paid less, or having worse benefits, than your similarly situated coworkers
• Being denied a raise or promotion
• Harassment

Discrimination can take many forms. An employer’s actions in one circumstance may be illegal discrimination, but be permissible in a different situation.

What Is Title VII?

Title VII is a federal law. Congress passed it in 1964 as part of the Civil Rights Act. It applies in all 50 states. The law states that employers cannot treat workers unequally because of their race, color, religion, sex (including pregnancy), or national origin (known as protected classes).

Unlawful discrimination also covers situations where it involves a negative employment action against an employee who is associated with someone (they’re of one race and married to someone of a different race, for example), or if they complain of discrimination, support another’s discrimination claim, or participate in a discrimination investigation (retaliation).

Title VII applies to employers with 15 or more workers. It covers private businesses, state and local governments, labor unions, and staffing agencies. The Equal Employment Opportunity Commission, or EEOC, a federal agency, enforces this law.

How Does Title VII Address Unlawful Employment Discrimination?

Title VII makes it against the law to discriminate in every part of work, including:

• Hiring and firing
• Pay rate
• Job assignments and transfers
• Training and promotions
• Any other term or condition of your job

If you win a Title VII case, you may receive the following:

• Reimbursement for the pay you missed in the past
• Payment of wages you may miss in the future
• A court order to be reinstated if you lost your job
• Compensation for pain and suffering (compensatory damages)
• Payment of attorney’s fees, court, and expert witness costs
• Punitive damages

Punitive damages aren’t intended to make you whole. They’re to punish the defendant for past acts and discourage similar acts in the future. Title VII limits how much compensatory and punitive damages you can receive, depending on the employer’s size:

• 15 to 100 workers: up to $50,000
• 101 to 200 workers: up to $100,000
• 201 to 500 workers: up to $200,000
• More than 500 workers: up to $300,000

Before filing a Title VII lawsuit, you must file a complaint with the EEOC. You have 180 days from the date of the discrimination to do so. In New Jersey, because state law also applies, this deadline is extended to 300 days.

After the EEOC reviews your case and decides not to litigate the case, it will send you a Notice of Right to Sue. You can also request one in the following situations:

• If the case was pending for less than 180 days, the EEOC will issue one if its investigation won’t be completed within 180 days
• If the case is pending for more than 180 days, the agency will send you the letter

After getting the letter, you have 90 days to file a lawsuit.

Title VII Pros and Cons for Plaintiffs

The positives of this federal law include the following:

• It applies in all 50 states
• It covers both public and private employers
• You may file in federal court
• You can ask for back pay, reinstatement, and other relief
• The EEOC may investigate your claim at no cost to you

The downsides of this law include the following:

• It only applies to employers with 15 or more workers, leaving out small businesses
• You must file with the EEOC before you can go to court
• The filing deadline is strict: 180 days, or 300 days in New Jersey
• Compensatory and punitive damage awards are capped and may be lower than what a jury might otherwise want to award
• An EEOC investigation can take a long time, and even if it’s in your favor, the chances are low the EEOC itself will proceed with your case.

When deciding what to do with your case, you need to weigh your options, needs, and goals. This includes what causes of action to pursue and where.

What Is the New Jersey Law Against Discrimination (NJLAD)?

The NJLAD was signed into law on April 16, 1945. It was the country’s first state civil rights law, enacted almost 20 years before Congress passed Title VII. The NJLAD protects people from discrimination based on many traits, including:

• Religion or creed
• Race or color
• National origin, nationality, or ancestry
• Sexual orientation
• Sex, pregnancy, or breastfeeding
• Gender identity or expression
• Marital or domestic partnership/civil union status
• Disability
• Liability for military service
• Age
• Atypical hereditary cellular or blood trait
• Genetic information
• Refusing to submit to, or make available to an employer, the results of a genetic test

State law protects more people than Title VII, though that law has been interpreted to include situations not explicitly covered by it, like discrimination based on an employee’s sexual preference. Another federal law, the Americans with Disabilities Act, covers disability-related discrimination. State law also prohibits retaliation and associational discrimination.

How Does the NJLAD Address Unlawful Employment Discrimination?

The NJLAD bans negative employment actions in every part of work, like Title VII, based on your protected class. If you win an NJLAD case, you may receive:

• Back pay for lost wages
• Front pay if you cannot return to your job
• Compensatory damages
• Punitive damages
• A court order that you be re-hired or that your wages and conditions be improved
• Payment of attorney’s fees and court costs

There are no compensatory or punitive damages limits in NJLAD cases, unlike those under Title VII. If your employer is small and its actions are extreme, you may recover far more money with an NJLAD lawsuit than one relying on Title VII.

NJLAD Pros and Cons for Plaintiffs

The NJLAD’s benefits include the following:

• It applies to all employers in New Jersey, no matter how big or small
• There is no cap on how much money you can receive
• You can file directly in the New Jersey Superior Court without going to an agency first or getting a release to sue
• You have two full years from the date of the discrimination to file a lawsuit
• It protects more categories of people than Title VII

The law’s downsides include the following:

• It only protects workers in New Jersey
• If you choose to file with the Division on Civil Rights instead of the court, you must do so within 180 days of the discriminatory action
• You cannot file with the Division on Civil Rights and also file a lawsuit in court at the same time. You must pick one path

Can a Plaintiff Use Both Laws?

Depending on the situation, the evidence, and the employer’s size, an employer’s actions may violate both Title VII and the NJLAD. You also may decide to claim only the NJLAD violations in the Superior Court of New Jersey.  We can help you decide which claims are best suited where.

Has Your Employer Discriminated Against You?

Kingston Law Group provides compassionate counsel and tough advocacy. We are ready to help you, your loved ones, and your friends. Call us at +1-609-683-7400 or contact us online to schedule a near-term initial consultation at a reduced hourly rate. Call or write us today. You’ll be glad you did.