Although the days of overt discriminatory employment policies are largely over, subtle discrimination remains. Illegal employer retaliation, the number one job-related bias charge at the Equal Employment Opportunity Commission since 2007, is a good example. Retaliation is easy for employers to disguise and often targets collateral discriminatory victims, such as those who report unlawful conduct or participate in workplace investigations. Federal law prohibits illegal retaliation. New Jersey law, as is often the case, is even stronger on this point.
The diligent Paterson, NJ, employment retaliation lawyers at HKM leave no stone unturned during potential retaliation investigations. Instead, our team looks past employer excuses and collects evidence that supports your claims. Then, although we normally give employers a chance to make things right before we take things to the next level, our Paterson, NJ, employment retaliation lawyers never settle for less and never look for an easy way out.
What is Employment Retaliation?
Employment retaliation is adverse action against an employee, applicant, or (in some cases) former employee who takes a legally protected activity. Protected activities may include:
- Reporting discrimination or harassment,
- Filing a complaint with HR,
- Requesting medical or disability accommodations,
- Encouraging discrimination victims to file complaints,
- Reporting wage violations,
- Whistleblowing illegal conduct,
- Participating in a workplace investigation, or
- Taking legally protected leave.
Retaliation can happen in subtle or obvious ways. A knowledgeable Paterson employment retaliation attorney can evaluate whether your situation meets the legal standard.
Examples of Workplace Retaliation
Termination is the most extreme example of illegal retaliation. Because it is so extreme, it may also be the most uncommon form of retaliation. Other retaliatory acts in New Jersey include:
- Reassignment, demotion, or pay reduction,
- Negative performance reviews,
- Unfair disciplinary actions,
- Sidelining (exclusion from meetings or projects),
- Shift changes or undesirable assignments, or
- Hostile work environment.
Timing may be the most important factor connecting the dots between protected acts and illegal retaliation. If Quinton took protected activity in January and adverse action followed in March, from a legal perspective, that adverse action was presumptively retaliatory.
New Jersey Laws Protecting Employees
New Jersey provides strong legal protections for workers facing retaliation. The New Jersey Law Against Discrimination (NJLAD) prohibits retaliation against employees who complain about discrimination or harassment based on:
- Race,
- Gender,
- Age,
- Physical, mental, or other protected disability,
- Religion (or non-religion),
- Sexual orientation (including gender identity),
- National origin, or
- Family status (including pregnancy).
Under NJLAD, employers cannot punish employees for opposing discriminatory practices or participating in investigations.
A similar law, the Conscientious Employee Protection Act (CEPA), is one of the most powerful whistleblower protection and anti-retaliation laws in the United States. It protects employees who report or object to:
- Illegal activity,
- Unsafe workplace conditions, and
- Violations of public policy.
Significantly, CEPA protections apply to both public and private employers in Paterson and throughout New Jersey. Just as significantly, the misconduct reports need not be valid or accurate. They must only be made in good faith and with probable cause.
Federal Retaliation Protections
Because state laws are so comprehensive and strong, many federal anti-retaliation laws are supplementary in New Jersey. Nevertheless, these laws offer strong standalone anti-retaliation protections. These federal laws include:
- Title VII of the Civil Rights Act,
- Age Discrimination in Employment Act,
- Pregnancy Discrimination Act,
- Americans with Disabilities Act, and
- Family and Medical Leave Act.
A skilled employment retaliation lawyer in Paterson can determine whether your case falls under state law, federal law, or both.
How to Prove Employment Retaliation
One reason retaliation claims are so common is that, in many cases, these matters are relatively easy to prove. To succeed in a retaliation claim, you generally must show:
- Engagement: Usually, engagement in protected activity is a direct matter, as outlined above. Sometimes, engagement is indirect. Attending a labor organization meeting is a good example. Attendance, whether or not the victim decides to support the effort, is usually a protected activity.
- Adverse Action: Unique adverse action transforms a marginal illegal employment retaliation case into a practically airtight case. If ABC consistently promotes job bias non-claimants ahead of claimants or consistently sidelines union non-sympathizers in favor of sympathizers, these adverse actions are most likely retaliatory.
- Causation: As mentioned, a temporal connection alone may be sufficient to establish causation, or “connecting the dots” between engagement and adverse action. Additional evidence on this point includes emails and memos, pre- and post-incident performance reviews, witness statements, and HR documentation.
Many retaliation cases hinge on timing. If you are terminated or disciplined shortly after filing a complaint, that proximity helps establish a causal link.
Employers often attempt to disguise retaliation as performance-based discipline, underscoring the need for early legal intervention. Employment retaliation lawyers in Paterson, NJ, can help preserve evidence and protect your rights before crucial information disappears.
Remedies Available in Retaliation Cases
Successful retaliation claimants in New Jersey may be entitled to significant and life-changing compensation, including:
- Back pay (lost wages),
- Front pay (future lost income),
- Emotional distress damages,
- Reinstatement,
- Punitive damages, and
- Attorneys’ fees and court costs.
New Jersey courts take retaliation seriously, particularly under CEPA and NJLAD. To force employers to make changes, significant punitive damages are often available in such matters.
On a related note, illegal employment retaliation court judgments and agreed settlements often include consent decrees. Courts monitor employers to ensure that they make required structural changes that encourage, instead of discourage, protected activity assertions.
Retaliation in Common Paterson Industries
Since Paterson, New Jersey has such a diverse workforce, illegal retaliation complaints span across multiple industries, such as:
- Healthcare,
- Education,
- Manufacturing,
- Retail,
- Public service, and
Retaliation can occur in any workplace. Whether you work for a private corporation, small business, nonprofit organization, or government entity, legal protections apply.
Employment retaliation lawyers in Paterson understand the local employment landscape and can tailor strategies to your specific industry.
Steps to Take if You Suspect Retaliation
Attorneys do most of the heavy lifting. However, retaliation victims are in a unique position to help themselves and strengthen their legal claims. If you believe you are experiencing workplace retaliation:
- Document Everything: Retain all paperwork, such as performance reviews and internal memos. Never delete emails. Also, keep a journal of relevant activities. This journal may not be admissible as evidence, but it helps keep everything in perspective and improves recall.
- Follow Company Procedures: Even if it seems pointless to do so, report concerns internally if appropriate. An employer’s failure to properly follow up on complaints is another log on the bonfire.
- Avoid Resigning Immediately: Retaliation is frustrating, and many people are tempted to leave. We understand that. But quitting without legal advice may negatively impact your claim. Furthermore, prompt resignation is usually what employers want in these cases. This move limits a victim’s ability to collect evidence, as outlined above. It also strengthens employer defenses. Do not give bosses what they want.
Above all, immediately contact an employment retaliation lawyer in Paterson. Early consultation can significantly strengthen your case. Furthermore, since time limits apply to retaliation claims, acting quickly is essential.
Rely on a Compassionate Passaic County Lawyer
Courts and administrative agencies must balance the interests of employers and employees in many cases. For a confidential consultation with an experienced employment retaliation lawyer in Paterson, contact HKM Employment Attorneys LLP. The sooner you reach out to us, the sooner we start working for you.
