Antidiscrimination Laws
Many laws safeguard your rights against workplace discrimination. At The Law Office of Stephan T. Mashel, our lawyers have a thorough understanding of these laws and the interplay between them and the employer-employee relationships on a day-to-day basis.
The following are the most important antidiscrimination laws in place to protect employee rights:
- New Jersey’s Law Against Discrimination (NJLAD)
- New Jersey’s Conscientious Employee Protection Act (CEPA)
- Title VII of the Civil Rights Law of 1964
- The Pregnancy Discrimination Act (PDA)
- The Age Discrimination in Employment Act
- The Equal Pay Act (EPA)
- The Americans with Disabilities Act (ADA)
- The Family and Medical Leave Act (FMLA)
- The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
- The Consumer Credit Reporting Reform Act (CCRRA)
- The Fair Labor Standards Act (FLSA)
- The National Labor Relations Act (NLRA)
- The Immigration Reform and Control Act (IRCA)
- The Occupational Safety and Health Act (OSH Act)
New Jersey’s Law Against Discrimination (NJLAD)
The NJLAD prohibits employers from subjecting employees to hostile work environments and disparate treatment based on the employee’s race, gender, age, disability, national origin, color, religion, marital status, or sexual orientation. Under the NJLAD, employers are not allowed to retaliate against an employee by:
- Creating a hostile work environment
- Wrongfully discharging an employee
- Demoting an employee
- Passing over an employee for a promotion
- Reducing an employee’s pay
- Giving an employee less favorable hours or shifts
- Taking unjustified disciplinary actions
New Jersey’s Conscientious Employee Protection Act (CEPA)
Under CEPA, employers cannot penalize employees who refused to engage in illegal activity or activity they reasonably believed was illegal. The CEPA also protects employees who have reported conduct in violation of the law. CEPA claimants are eligible for the same protections afforded by the NJLAD.
Title VII of the Civil Rights Law of 1964
Title VII prohibits employers from subjecting workers to differential treatment, hostile work environments, or retaliation because of their race, gender, age, disability, national origin, color, religion, marital status, veteran status, or military affiliation. Complaints related to Title VII are filed with state civil rights agencies or the federal Equal Employment Opportunity Commission (EEOC). In accordance to Title VII, a right to sue letter must be issued before a lawsuit can be filed.
The Pregnancy Discrimination Act (PDA)
The PDA protects women from discrimination because of pregnancy, childbirth, or related medical conditions. An amendment of Title VII, it classifies pregnancy discrimination as a form of sex discrimination.
The Age Discrimination in Employment Act
The Age Discrimination in Employment Act was designed to protect employees aged 40 or older from unfavorable treatment because of their age. While useful, the protections under the NJLAD for age discrimination are more encompassing than those of the Age Discrimination in Employment Act.
The Equal Pay Act (EPA)
The Equal Pay Act of 1963 is an amendment to the Fair Labor Standards Act. Its intention is to eliminate unequal wage and benefit structures on a gender basis.
The Americans with Disabilities Act (ADA)
The aim of the ADA is to ensure employment opportunities are based on merit and are not influenced by an employee’s disability. Under the ADA, employers must create reasonable accommodations for workers with disabilities to eliminate workplace barriers.
The Family and Medical Leave Act (FMLA)
The U.S. Department of Labor created the FMLA to protect workers in a staff of at least 40 members are guaranteed up to 12 weeks of unpaid leave to care for family members with serious illnesses, adjust to the birth or adoption of a child, or take recovery time for their own illness. Employee eligibility is based on a variety of differing factors. While New Jersey’s Family Leave Act is in place to provide job security for workers, it does not cover leave for employees who are physically unable to perform their jobs.
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
The USERRA is designed to protect the rights of applicants and employees of the U.S. uniformed armed services. This includes those who have served in armed positions and been honorably discharged, those who are currently serving, and those who have plans to enlist in the military.
The Consumer Credit Reporting Reform Act (CCRRA)
The CCRRA of 1996 protects employees and prospective employees of companies who use background checks to evaluate promotion, reassignment, or job retention. Under the CCRRA, employers who use consumer reports are required to notify employees of any adverse steps that will be taken because of the results of their background check.
The Fair Labor Standards Act (FLSA)
The FLSA makes employers pay non-exempt covered employees the federal minimum wage. Employers must pay time and a half for all employees who work more than 40 hours during the business week. It is administered and enforced by the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division.
The National Labor Relations Act (NLRA)
Administered by the National Labor Relations Board, the NLRA governs the relationship between unions, employers, and employees in private sectors. It guarantees the right of employees to form, join, or assist labor organizations and to bargain collectively through representatives of their own choosing. Its goal is to prevent and remedy unfair labor practices. The NLRA also allows employees to vote on whether they want union representation.
The Immigration Reform and Control Act (IRCA)
Under the IRCA, employers are not allowed to discriminate against anyone because of their citizenship status or national origin. It protects everyone legally authorized to work in the United States. While employers may legally prefer a United States citizen or national over an equally qualified alien, employers are not allowed to adopt policies that penalize all qualified aliens.
The Occupational Safety and Health Act (OSH Act)
The Occupational Safety and Health Administration (OSHA) oversees the OSH Act, which regulates safety and health conditions in private industries. It states that employers have a general duty to keep the workplace free from serious hazards. The OSH Act enables the OSHA to inspect and investigate the workplace.
The Law Office of Stephan T. Mashel fights against workplace discrimination
You can count on The Law Office of Stephan T. Mashel for knowledgeable, current information on employment and labor law. Our attorneys are here for you and can easily determine if you have a valid discrimination case.
Call on us for help
Call 888-459-8760 for additional information on New Jersey and federal antidiscrimination laws. Conveniently located just off Route 18 in Marlboro Township, The Law Office of Stephan T. Mashel regularly assists individuals in Middlesex, Monmouth, and Ocean County.
