You might think you know what discrimination looks like. Hiring only people of one race, paying women less money than men for the same position, firing an employee because of his or her religious beliefs – these are likely the images you picture when you think of workplace discrimination. Although these kinds of discrimination certainly occur in workplaces throughout the United States, thousands of workers experience much more subtle forms of discrimination every day.
Can you recognize discrimination when you see it? More importantly, can you recognize discrimination when it happens to you? The following are all examples of discrimination that can happen in the workplace. Some types, like those mentioned above, are obvious. Others are less so and can often go undetected for years, permanently damaging the victim’s career.
- Requiring female employees to clean the shared workspace despite all employees using the area.
- Asking a female applicant whether she has children or intends to have children during her interview.
- Refusing to promote an atheist employee to a managerial role, despite his fitness for the position.
- Assigning all non-white employees to a specific branch of a company.
- Refusing to provide a wheelchair-accessible bathroom for a physically disabled employee.
- Firing an employee after learning that he or she is gay.
- Making comments and assumptions about individuals from a specific culture. This can include the use of racial slurs and stereotyping.
Know When to Take Action
Sometimes, it takes repeated instances of discriminatory behavior to recognize that you are a victim. If this is the case for you, do not feel like you cannot take action against your employer. In New Jersey, the statute of limitations for a discrimination claim depends on whether you file with the state-level New Jersey Division of Civil Rights (DCR) or the federal-level Equal Employment Opportunity Commission (EEOC). If your employer has fourteen or fewer employees, you may only file a claim with the NJ DCR. If your employer has fifteen or more employees, you may file your claim with either agency or both. For DCR claims, the statute of limitations is 180 days from the most recent instance of discrimination. For EEOC claims, this time frame is 300 days.
Ask yourself how the behavior you have experienced has affected your ability to perform your job and pursue career opportunities. If you have experienced any of the above scenarios or another where you feel your rights as an employee have been constrained, contact an experienced employment attorney to learn more about the possibility of filing a discrimination claim.
New Jersey Discrimination Lawyers
The Sattiraju & Tharney, LLP, has a strong record of success with workplace discrimination cases. One recent example is our success with a $22.6 million hostile work environment trial, which is the largest employment law verdict in the history of the State of New Jersey. The Sattiraju & Tharney, LLP is one of the premier employment law firms in New York and New Jersey and will provide you with the quality representation and legal counsel that our clients have grown to expect. Contact our New Jersey discrimination lawyers today.
FAQs About how do you Know When you Have Faced Discrimination?
How do I know if my boss is being unfair or if it actually counts as illegal discrimination in New Jersey?
In New Jersey, a bad boss isn’t automatically an illegal boss. It becomes unlawful discrimination only if they are targeting you because of a protected trait—like your race, age, sex, religion, sexual orientation, or a disability. If you are being singled out for demotions, denied promotions, or passed over for travel reimbursements while coworkers with different backgrounds are treated fine, you likely have a discrimination claim under the New Jersey Law Against Discrimination (NJLAD).
Can discrimination count if my supervisor isn’t firing me, but just making my life miserable?
Yes, this is called a “hostile work environment.” You don’t have to wait until you get a pink slip to take legal action. If you are facing ongoing, unwanted comments, slurs, or offensive “jokes” that target who you are, and it is severe or pervasive enough to make you anxious, depressed, or dread coming to work, the law considers your workplace objectively hostile and abusive.
What if my company has a neutral rule that just happens to hurt me more than others?
This is known as “disparate impact.” Even if a company policy looks completely fair on paper, it can be illegal if it disproportionately weeds out a specific group of people. For example, a sudden physical requirement or scheduling policy might unfairly impact older workers, pregnant employees, or certain religious groups. Unless the employer can prove the rule is an absolute “business necessity” with no alternative, it can qualify as discrimination in New Jersey.