Make no mistake: despite our progress, discrimination still exists in the workplace, in myriad forms. You may experience it yourself if you are:
- the longtime, sixty-five-year-old employee who suddenly finds himself “laid off” and replaced with a much younger worker
- the female worker who begins receiving negative evaluations, and is summarily terminated, shortly after announcing her pregnancy to her boss
- the African-American employee who is repeatedly passed over for promotion in favor of similarly-situated or less-qualified Caucasian employees
Zatuchni & Associates aggressively pursues employers who engage in this type of workplace discrimination, using an arsenal of state and federal anti-discrimination law. In particular, we rely upon the New Jersey Law Against Discrimination (the “NJLAD”), which prohibits employers from discriminating against workers in any job-related action, from hiring to firing, based on a workers’ membership in certain protected categories.
These categories include:
- National Origin
- Disability, including HIV/AIDS infected status
- Sexual Orientation or Perceived Sexual Orientation
- Transgendered Status
- Military Service
Structure of a Discrimination Claim
To prevail on a discrimination claim, workers must pass several evidentiary hurdles built into the law. The requirements of these hurdles vary depending upon the type of discrimination at issue. Generally speaking, as a discrimination plaintiff, you must prove:
- that you were performing your job satisfactorily and meeting your employer’s legitimate expectations; and
- that you were singled out and subjected to an adverse employment action (like termination), solely based on your membership in a protected category (race, age, etc.). In other words, you have to show that your employer acted against you with discriminatory intent.
Discriminatory intent may be shown directly, such as when an employee is subjected to racial slurs or sexually offensive comments in the workplace. It may also be shown indirectly, via circumstantial evidence. For instance, an employee claiming age discrimination might show that all workers over fifty were targeted for termination, whereas younger workers were not.
Zatuchni & Associates specializes in discrimination claims across all protected categories. We’ve helped countless clients who have suffered workplace bias secure financial and legal compensation from their employers. If you believe you’re a victim of unlawful discrimination, we would be happy to give you a free telephone consultation. Call us today.