Most people know that employment discrimination laws prohibit status discrimination, like gender or racial bias. These same laws equally apply to choice discrimination, like whistleblower protection and retaliation protection. Workers have an absolute right to request reasonable accommodations, assist investigators, stand up for their co-workers, and otherwise exercise their civil liberties, even if this exercise runs contrary to the employer’s interests or preferences.
When an employer takes adverse action against an employee who has complained about discrimination, harassment, or other unlawful conduct, the diligent lawyers at HKM who handle retaliation for discrimination complaints spring into action. If you spoke up about discriminatory treatment based on race, gender, disability, age, national origin, religion, or another protected class, and your employer retaliated, perhaps through demotion, termination, reduction in hours, unfair discipline, or other punishment, you may be entitled to legal relief under both New Jersey state law and federal employment statutes.
Understanding Retaliation Law in New Jersey
For many decades, lawmakers in Trenton and Washington, D.C., have worked hard to protect workers from unfair treatment. As a result, both state and federal laws apply in these situations.
- The New Jersey Law Against Discrimination (NJLAD) protects employees from retaliation for opposing discriminatory practices or assisting in discrimination proceedings.
- Federal anti-retaliation laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), also prohibit retaliation after protected activity such as complaining about discrimination to HR, filing a charge with the Equal Employment Opportunity Commission (EEOC), or participating in an investigation.
These laws contain administrative remedies that require claimants to address bureaucrats before filing claims in court. A lawyer for retaliation for complaining against discrimination stands up for you during administrative proceedings, as well as in court.
What Actions Count as Retaliation?
Federal and state laws broadly define “retaliation” to include most employer adverse actions, and not just entry/exit level decisions like hiring or firing. Common forms of improper employer retaliation include:
- Refusal to hire a “troublemaker” applicant,
- Unjust performance evaluations,
- Demotion or reassignment to less desirable duties,
- Reduction in pay or hours,
- Termination of employment,
- Threats, harassment, or hostile treatment,
- Negative references timed after discrimination complaints.
If any of these occurred shortly after you complained about discrimination, that timing alone can lead to a successful claim. So, a skilled retaliation lawyer must pay close attention to minute details, like the datestamp, and maybe even the timestamp, on an email.
How a Retaliation Attorney Helps Your Case
Retaliation claims, and all other employment law claims for that matter, can be legally complex. An experienced employment attorney in Paterson will help by:
- Evaluating a Claim: To determine whether your complaint qualifies as protected activity under state or federal law, our lawyers listen closely to your story and put the law to work for you instead of against you.
- Filing Administrative Charges: As mentioned, many retaliation claims must first be filed with agencies like the EEOC or the New Jersey Division on Civil Rights before going to court. EEOC and NJDCR lawyers don’t represent you. They represent the government. So, personal representation is critical during administrative proceedings.
- Drafting Legal Pleadings: Only a skilled lawyer properly prepares and presents complaints and legal briefs if your case proceeds to a lawsuit, so you always put your best foot forward and obtain maximum compensation.
- Negotiating Settlements: Most retaliation and other employment discrimination cases settle out of court. Attorneys are good negotiators as well as good litigators. The average attorney-guided settlement is up to five times higher than the average non-attorney-negotiated settlement.
When selecting a Paterson, New Jersey lawyer for retaliation or discrimination cases, consider the following qualities:
- Employment Law Experience: Search for attorneys who focus on employment discrimination and retaliation, not general practice attorneys. Lawyers who handle these claims regularly understand the nuances of retaliation law and relevant deadlines.
- Local Knowledge of New Jersey Courts: Attorneys familiar with New Jersey’s legal climate, including the way judges in the Passaic County Superior Court handle retaliation claims, improve outcomes.
- Proven Track Record: Look for attorneys with positive reviews and case results demonstrating success in retaliation or discrimination cases. Success is measured not only in terms of compensation, but also in terms of the accompanying consent decree that requires employers to make structural changes.
Many employment lawyers offer a no-obligation first meeting to assess your case and explain your legal options. This meeting also allows people to get to know their lawyers and their bedside manner.
Steps After You Contact a Retaliation Lawyer
Save all emails, performance reviews, HR complaints, witness contact information, and any records showing a timeline between your discrimination complaint and retaliatory action. Many of these documents may hurt your claim. But a lawyer for retaliation for complaining against discrimination must know about them to plan a response.
Next, administrative charges must be promptly filed. Some retaliation claims must start with an EEOC or state agency charge within strict deadlines. Missing these can bar your right to sue.
Be honest with your lawyer for retaliation for complaining against discrimination about all details, such as what happened, when it happened, and how you responded. Good communication boosts your legal strategy.
As mentioned, many retaliation cases settle before trial, but not all settlements are favorable ones. A skilled lawyer always seeks the best outcome, whether through negotiation, mediation, or litigation.
Rights and Remedies in a Retaliation Case
If your attorney proves retaliation by a preponderance of the evidence (more likely than not), you may be entitled to:
- Back pay and compensation for lost wages,
- Reinstatement to your former job,
- Compensation for emotional distress, and
- Attorneys’ fees and costs.
State and federal laws aim to make you whole. You should be placed in the position you would have been in absent the retaliation.
We also mentioned consent decrees above. These court orders direct employers to take additional measures to prevent retaliation, such as training staff and encouraging workers to speak up.
Work With a Dedicated 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 retaliation lawyer in Paterson, contact HKM Employment Attorneys LLP. We routinely handle matters throughout the Garden State.
