What is the New Jersey Law Against Discrimination?
The New Jersey Law Against Discrimination (LAD) is a state law that prohibits discrimination in employment based on certain of an employee’s immutable qualifications. It is one of the strongest employee protection laws in the country.
Who is protected under the New Jersey Law Against Discrimination?
The LAD protects employees working in New Jersey from discriminatory practices based on their membership in a protected class.
What characteristics of employees are protected by the New Jersey Law Against Discrimination?
The New Jersey Law Against Discrimination provides employees with wide-ranging protection against discrimination. It prohibits discrimination against New Jersey employees by their employers because of certain actual or perceived immutable characteristics, including:
- Race
- Color
- Religion or creed
- National origin
- Ancestry
- Ethnicity
- Age
- Marital, domestic partnership, or civil union status
- Affectional or sexual orientation
- Gender identity or expression
- Mental or physical disability
- Atypical hereditary cellular or blood trait
- Genetic information
- Liability for military service
- Pregnancy or breastfeeding
- Refusal to submit to a genetic test or make available to an employer the results of a genetic test
What actions are considered discriminatory under the LAD?
Discrimination can include any harmful action that is taken at least partly because of an employee’s membership in a protected class, such as firing an employee, demoting them, reducing their pay, refusing to give them a raise or other benefit, and passing them over for a promotion because of one of the protected characteristics is a tangible employment action which violates the New Jersey Law Against Discrimination.
Does harassment violate the NJLAD?
Yes. Harassment or creation of a hostile work environment violates the New Jersey Law Against Discrimination. The scenarios are limitless, but jokes about a person’s race, religion, gender, orientation, age or other protected characteristics are illegal harassment. Unwanted touching or sexual propositions are also illegal harassment under the LAD. The possible scenarios are limitless.
Is retaliation for reporting discrimination a violation of the New Jersey Law Against Discrimination?
Yes. Retaliation is also prohibited by the LAD. This includes retaliation for complaining or objecting to discrimination against yourself or another employee. The complaint does not have to be formal or in court; even informal complaints of discrimination or illegal harassment are protected. If you face retaliation for reporting discrimination, it’s important to consult an attorney immediately.
What avenues or relief are available under the LAD?
Employees who have suffered illegal discrimination or harassment may sue their employer in the Superior Court of New Jersey.
What damages can be recovered in a LAD case?
Potential damages in an LAD case can include back pay, front pay, emotional distress damages, punitive damages, litigation costs and attorneys’ fees.
What is the statute of limitation for filing a lawsuit for violation of the LAD?
A lawsuit for illegal discrimination or harassment in violation of the New Jersey Law Against Discrimination must be filed in court within two years.
How can McLaughlin & Nardi, LLC help me?
McLaughlin & Nardi, LLC has significant experience of successfully representing plaintiffs in lawsuits under the New Jersey Law Against Discrimination.
How can I contact McLaughlin & Nardi, LLC?
You can reach McLaughlin & Nardi, LLC at (973) 890-0004 or filling out the contact form on this page to schedule a consultation with one of our New Jersey employment attorneys. We can help.