It is the responsibility of both employees and employers to become familiar with New Jersey employment laws pertaining to sexual discrimination in the workplace. For those who feel they may have been discriminated against in the workplace based on their gender or sexual orientation, a lawyer should be consulted. New Jersey employment law expert, Tayeb Hyderally offers his expertise to both employees and employers.
What constitutes sexual discrimination law in New Jersey is laid out in the New Jersey Law Against Discrimination. According to the law, it is illegal for employees to be discriminated against on the basis of their gender. Decisions such as hiring or firing and any work related benefits cannot be based on the gender of an employee. New Jersey sex discrimination laws also make it illegal for any type of sexual harassment that creates a hostile environment in the workplace. This law is intact to protect both genders from an unfair work environment.
The New Jersey Law Against Discrimination (LAD) defines an employer as anyone hiring an employ including public agencies and it also includes the State of New Jersey. The main difference in this law and federal Title VII guidelines is that it includes any employer, not just those who have at least fifteen employees. The only exclusion in the New Jersey law is for domestic services.
If one feels that they have been discriminated against based on their gender they must file a complaint against the employer within 180 days. This complaint is to be filed with the New Jersey Division on Civil Rights. They will then contact the employer and allow them a chance to respond to the allegations. If there is no agreement reached early on then and investigator will decide if there is reasonable cause to believe that an individual’s rights were violated. In cases where the investigator finds evidence to raise reasonable cause the employee and employer will enter into a settlement phase. If it is not successful the case will go on to the hearing stage.
There are two options for those individuals who feel their rights have been violated; either file the complaint with the Division, or file it with the state courts. However, it cannot be filed both places. Lawyers who specialize in New Jersey employment law, such as Tayeb Hyderally, can help an individual be aware of their available options. They can discuss both options and help decide which option is best for the particular situation.