New Jersey Employment Discrimination Frequently Asked Questions

The following information includes frequently asked questions about Employment Law issues. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Deutsch Atkins P.C., you can receive a personal consultation regarding your specific legal claim.

What remedies are available when discrimination is found?

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

• Back Pay
• Hiring
• Promotion
• Reinstatement
• Front pay
• Reasonable accommodation
• Other actions that will make an individual "whole" (in the condition he or she would have been but for the discrimination)
• Compensatory damages
• Damages for emotional distress
• Punitive damages (federal claims only)

Remedies also may include payment of:

• Attorneys' fees
• Expert witness fees
• Court costs.

Under most laws enforced by the EEOC (Equal Employment Opportunity Commission), compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice, the intent to injure, or reckless indifference.

Punitive damages are monetary sanctions imposed on a defendant. A punitive damage award has nothing whatsoever to do with the actual damages sustained by the plaintiff. The purpose of punitive damages is to punish a defendant for intentional malicious or oppressive misconduct, to deter the defendant from repeating it and to deter others similarly situated from engaging in it. Punitive damages are not available against federal, state or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

What is the Federal Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees up to twelve weeks unpaid, job-protected leave per year. The FMLA imposes certain notification responsibilities on employers. Notices about FMLA must be publicly posted, and if the employer publishes an employee handbook, the handbook should contain information about FMLA. It also requires that group health benefits be maintained during the leave.

FMLA is designed to assist employees in balancing their work and family responsibilities by permitting them to take reasonable unpaid leave for certain family and medical reasons. The Act also seeks to accommodate the legitimate interests of employers and promotes equal employment opportunity for men and women. A number of states have also enacted family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by FMLA. In those situations where an employee is covered by both federal and state FMLA laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law. New Jersey does not have a separate State FMLA law, and thus the only protection is for those covered by the federal law.

What is the Age Discrimination in Employment Act (ADEA)?

The Age Discrimination in Employment Act is a federal statute, which makes it unlawful for an employer, employment agency or labor union to discriminate in employment against anyone because of his or her age. This applies to both refusal to hire an individual and to discharging an employee. It also applies to age-based disparities in compensation, to terms, conditions or privileges of employment and to employee benefits.

Who is covered by the Age Discrimination in Employment Act?

The ADEA applies only to persons who are 40 or older, and there is no upper age limit. The ADEA applies to employment practices in both the private and the public sector, including employment agencies and labor unions.

However, using age as an employment factor may not be unlawful where age is a bona fide occupational qualification reasonably necessary to the normal operation of the job.

What is the Civil Rights Act of 1964 (Title VII)?

The Civil Rights Act of 1964 (Title VII) is a federal statute, which prohibits discrimination in employment, including public accommodations, governmental services and education. An employer cannot fail or refuse to hire, fire, promote, or discriminate against any employee with respect to compensation, terms, conditions and privileges of employment based on race, color, sex, religion or national origin. An employer cannot limit, segregate or classify employees or applicants in any way that would deprive or tend to deprive them of employment opportunities or that adversely affects the status of an employee because of race, color, sex, religion or national origin.

What is the Statute of Limitations?

As with any other civil action, lawsuits based on employment discrimination are subject to statutes of limitations. The statute of limitations is a law which limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, the claimant can no longer receive any financial compensation, regardless of the merits of the claim.

Statutes of limitations can be particularly tricky in employment discrimination cases. For one thing, the same act of discrimination can form the basis for both federal and state discrimination claims, each subject to a statute of limitations, but often the length of time for filing is not the same in both. Moreover, some states permit the term of the statute of limitations in these cases to be shortened or lengthened by contract between the parties. For example, in the case of Clark v. DaimlerChrysler Corp, a New Jersey case decided in 2005, a three-year statute of limitations was applicable to the type of discrimination claim brought by the plaintiff. A provision in the employment contract under which plaintiff was hired limited the time for bringing claims against the employer to six months. The New Jersey court ruled in favor of the defense, holding that plaintiff's claim was time-barred since it was not brought within the six-month period set forth in the employment contract. In other words, the contract had effectively changed the statute of limitations from three years to six months.

What is employment "at will"?

Although there are some exceptions, as a general rule all employment is presumed to be employment "at will." This means, literally, that employment may be terminated at any time the employer chooses to terminate it. There is no requirement that good cause, or indeed, any cause for the termination be shown.

What kind of exceptions apply to employment "at will?"

The two most common exceptions to "at will" employment are "statutory exceptions" and "public policy exceptions." Also, there are contractual limitations when an employee actually has a contract with the employer, as is seen in the case of school teachers.

Statutory exceptions:

Many states have enacted statutes (in addition to any similar federal statutes) which prohibit discrimination against an employee or a job applicant on the basis of race, gender, religion, national origin or age. In some states, including New Jersey, the statutes also bar discrimination based on such classifications as sexual orientation.

Additionally, and again, apart from federal law requirements, many states have enacted legislation prohibiting employers from discrimination against employees or job applicants on the basis of some health condition or disability. Generally, these laws prohibit discrimination not just in situations where there is an actual disability, but also in situations where there is no "actual" disability, but where the employer "perceives" a disability.

Many states have whistleblower protection laws. These are usually similar to federal whistleblower laws, providing relief for employees who have been discharged for reporting or being about to report an employer for some violation or suspected violation of a regulation or law.

Public Policy Exceptions:

Most states make it unlawful to terminate an employee who is filing or about to file a workers' compensation claim. See Wrongful Termination Section above.

How do I know if I need an attorney?

Not every instance of employment discrimination results in the filing of formal charges. Sometimes the discrimination is a one-time occurrence with such a minimal negative impact that the employee chooses to simply ignore it. In other situations, there may already be a compelling personal and/or professional reason to change jobs even before a single instance of discrimination occurs. In that type of situation, the employee may decide to simply change jobs and get out of the situation.

You are the only person capable of deciding whether or not you wish to file a claim. If you believe that you are the victim of employment discrimination which has had a negative impact on any aspect of your life, you should consult with an employment discrimination lawyer as soon as possible. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. New Jersey employment discrimination Attorney Bruce Atkins can advise you on the applicable statute of limitations for your employment related claim.

If you or someone you know in Hackensack, or elsewhere throughout the states of New Jersey and New York, needs the assistance or trusted legal advice of an experienced employment discrimination lawyer, please call Deutsch Atkins P.C. today at 866-615-3234, or complete the contact form provided on this site to schedule your free initial consultation.