Whether we want to think about it or not, workplace discrimination is an all too common issue for workers throughout the nation, including those in the state of New Jersey. The reasons behind discrimination in the workplace can vary widely but when based on things that place workers in a protected class, the discrimination is illegal.

Characteristics that place someone in a protected class include religious beliefs, disability, sex, race and age. In the state of New Jersey, GLBT individuals are also protected from workplace discrimination. When members of a protected class, such as those listed above, are discriminated against for any of those reasons by an employer, their employer is involved in an illegal activity and the employee may take legal action.

Discriminatory acts can take multiple forms, some more subtle than others. Among other things they include an employer discriminating against an employee who is a member of a protected class in situations regarding promotions, job assignments, benefits or pay. In addition, the protected characteristics cannot be considered when it comes to employment references, discharge, discipline or during the hiring process.

Under some circumstances an employer needs to make reasonable accommodations to a worker’s needs as well. For example, an employer must make certain allowances for a worker’s religious practices or beliefs as well as disability. The failure to do so could be construed as discriminatory behavior. In both of these situations an accommodation needs to be made unless it would cause difficulty or expense for the employer.

In some situations the discrimination a worker experiences may not initially be obvious. In these cases it is possible that a worker might have a feeling in his or her gut that certain things he or she is experiencing iln the workplace are not okay. Whether the suspected discrimination is overt or subtle, in most cases individuals who find themselves in this position would benefit from consulting a lawyer who handles employment matters for empoyees. That individual can help determine the best way to proceed.

Source: U.S. Equal Employment Opportunity Commission, “Prohibited Employment Policies/Practices,” Accessed Sept. 16, 2014