Understanding the Employment Discrimination Laws
Understanding the Employment Discrimination Laws
Whether you are an employee working in the public sector or the private one, you have certain rights that no employer can disregard. It is wise to have a clear idea about the federal employment laws that protect you from discrimination at the workplace. Many US states have similar statutes protecting employees from discriminatory practices. The Federal Laws protecting employees from discrimination are as follows:
1) Title VII of the Civil Rights Act of 1964 (Title VII) this prohibits discrimination based on national origin, race, sex, color, and religion.
2) The Age Discrimination in Employment Act of 1967 (ADEA) this prohibits discrimination based on age (for individuals over 40 years of age).
3) The Equal Pay Act of 1963 (EPA) this prohibits wage discrimination based on sex.
4) Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) this prohibits discrimination based on genetic information.
5) The Americans with Disabilities Act of 1990, as amended (ADA) this prohibits discrimination based on disabilities.
The New Jersey Law Against Discrimination combines various elements of the federal rulings into a single one.
As per the directives of this law, no employer could discriminate against an employee based on race, color, creed, national origin, ancestry, nationality, age, familial status, sex (including pregnancy), marital status, sexual orientation, domestic partnership status, atypical hereditary cellular/blood trait, liability for military service, genetic information, mental/physical disability, and HIV status.
If an employer does hiring and firing; promotion, transfer, layoff, or recall; assignment, compensation, or classification; job advertisements; testing; recruitment; use of company facilities; pay, retirement plans, and disability leave; fringe benefits; training and apprenticeship programs; or any such thing based on your protected traits', it is a discriminatory practice, and therefore, illegal.
If you ever face such a discriminatory practice, it is necessary to file a complaint at the Equal Employment Opportunity Commission (EEOC). It is their responsibility to execute the laws against employment discrimination. However, the huge number of pending cases and the time limit makes it impossible for EEOC to handle it all. This is why it often issues a right-to-sue letter and gives you the provision to file a lawsuit.
After you decide to file a suit, the first thing to do is consult a New Jersey employment attorney immediately. With his help, you can recover damages including back pay, reinstatement, promotion, along with court costs and attorney fees as well. However, for this you need the help of a proficient labor and employment attorney.
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