Federal and state laws prohibit discrimination in various arenas, including employment, education, and housing. Because discrimination can take many forms, a violation of your civil rights can involve a denial of access to public services, unfair and disparate treatment, and adverse employment action.
It is illegal to discriminate against someone over:
Discrimination normally occurs in the following scenarios:
If you believe that you have been discriminated against, you may have legal options available to you. However, before initiating legal proceedings, you should consult with an experienced civil rights attorney.
In certain cases, the state law is stronger than its federal counterpart. However, the opposite may also be true. Nonetheless, an example of legislation that prohibit discrimination include:
As mentioned above, the ADA and NJLAD prohibit the discrimination of individuals with disabilities. The laws distinguish two forms of discrimination, which is disparate treatment discrimination and failure to accommodate. In the former, the employer treats a person with a disability differently or less favorably than the other employees solely because of their disability. In failure to accommodate matters, the employer has failed to provide the accommodations (such as shift changes, temporary change of responsibilities, etc.) that the employee needs in order to successfully accomplish their duties.
When an employer hires a person with a disability, they must make a reasonable effort to provide accommodations for them so that they can perform their job. If the employer fails to make those accommodations or prematurely removes them during a person’s employment, the employer can be in violation of both the NJLAD and/or the ADA. Please be aware that the accommodations requested must be reasonable and something that an employer can provide. Normally, the employer does not have to provide an accommodation if it can prove that doing so would cause an undue hardship. An example of an “unreasonable accommodation” would be one where the employer has to create a position, or if granting the accommodation would adversely operations.
For example, to establish a discrimination claim under the New Jersey Law Against Discrimination, you must satisfy the following criteria:
As mentioned above, if you believe you have been discriminated against, you may have legal options. You should first consult with an experienced civil rights lawyer who can advise you of your rights and can determine if you have a case. If it is determined that you have a case, you can file a complaint in state or federal court for violations of the respective (and previously mentioned) laws. Because there are strict deadlines to file a complaint, you should contact an attorney as soon possible after the discriminatory conduct
Our New Jersey civil rights lawyers at John Rue & Associates, LLC would be honored to represent you if you believe that your civil rights have been violated. Call us at 862-283-3155 or fill out our online form today to schedule an initial, confidential consultation. Located in Montclair, we serve clients throughout the state.
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