What is gender discrimination? Employers in New Jersey can not treat you differently than other employees (doing the same or comparable work) because of your gender. This mostly applies to women, but in some employment situations it can apply to men. A New Jersey employment lawyer can help you determine whether you are experiencing discrimination and if you have a claim.
Ways in which an employer can discriminate because of your gender:
- Hiring
- Firing and wrongful termination
- Failing to promote an employee
- Basic and fringe benefits: health insurance, pension benefits, vacations, etc.
- Work assignments
- Pay for equal or comparable work
- Sexual stereotyping
- Sexual harassment: the harassment must create a hostile environment
Laws on Gender Discrimination
- Federal
- Civil Rights Act of 1964 – Title VII – this law applies to state and local governments, educational institutions and private employers with 15 or more employees.
- Pregnancy Discrimination Act – This act is part of the Civil Rights Act of 1964 (Title VII). It applies to similar employers as the Civil Rights Act of 1964.
- Equal Pay Act – passed in 1963, this law is part of the Fair Labor Standards Act. Employees must receive the same pay for doing work with the same skill, effort and responsibility requirements. There are exceptions for:
- Seniority,
- Merit,
- Quantity and quality of production,
- Other non-sex non discriminatory factors
- Family and Medical Leave Act.
- New Jersey
- New Jersey Family and Medical Leave Act New Jersey’s act is comparable (but not identical) to the Federal Family and Medical Leave Act.
Damages – Damages are meant to make the claimant whole. If the claimant has been fired because of discrimination, he/she should be hired and get back pay. If claimants weren’t hired because of discrimination, he/she should be hired and get back pay. If the claimant got lost insurance or retirement benefits, the claimant should be paid the value of those benefits.
How Can a Lawyer Help?
A skilled gender discrimination lawyer can determine:
- Whether you have a claim
- How to prepare and file your claim.
- What damages and remedies to ask for
- How to best argue the facts and the law to get the verdict you deserve
Our Firm’s Experience
The Attorneys of the Attorneys of Begelman & Orlow, P. C. have offices in Cherry Hill, New Jersey and Conshohocken, Pennsylvania. Contact our offices at 866-627-7052. We have 115 years combined experience protecting your rights. We have experience in all phases of employment law including sex discrimination and employment retaliation.