Proving discrimination at work can be difficult, especially if an employer denies a discrimination case or if the evidence is not strong enough to make a valid complaint. Employment discrimination is, unfortunately, very common and many workers get mistreated by their co-workers and employers regularly while at work. For those who experienced discrimination, there are a few steps to take to prove a case.
Discrimination occurs when a worker is treated differently or less favorably than other employees. Employment discrimination may involve unfair treatment, harassment, denial of workplace changes due to disability, inappropriate questioning, disclosure of medical information, or retaliation for filing a complaint.
To make the discrimination process easier, it is important to hire an employment lawyer to help with a case. They will know how to handle the complaint process and guide victims in the right direction. Filing a discrimination claim can be a long process, making it very helpful and wise to hire an employment lawyer.
Once discrimination occurs, an employee must file an employment discrimination complaint under the New Jersey Law Against Discrimination with the New Jersey Division on Civil Rights (DCR). Employees should file this complaint in a timely manner to ensure that the complaint is handled quickly and efficiently. A lawyer will know how to file the complaint and the timeline in which this should be filed. The DCR will receive the complaint, review it, and decide the legitimacy of each case. There are specific forms of proof that the courts will look for when reviewing each claim. These include:
- Motive: Employees must establish why their employer was motivated to discriminate against them. These motives could include one’s age, gender, race, religion, or nationality. Proving their motive can be very simple or may require uncovering information that proves why they were treated a certain way.
- Inequality: An employer is not legally allowed to treat an employee differently based on skin color, sex, disability, illness, or religious needs.
- Neutral Policy: Some employers have a neutral policy, which is a type of restriction that is listed as a job requirement. This can be discriminatory if it directly restricts a certain person from doing the job.
- Direct evidence: This type of evidence is the best way to show that an employee has been discriminated against. This may include statements by employers that directly relate to the discrimination charges.
- Circumstantial evidence: This can include anything other than direct statements from an employer. This type of evidence is very hard to obtain as many employers are not going to express their biases directly. This type of evidence creates a presumption of discrimination and not physical evidence.
What Will I Receive if I Win My Case?
Winning a discrimination case is a very big accomplishment and will allow a victim to be compensated in a few ways.
- Back pay: These are lost earnings from the date of discrimination to the date of a judgement.
- Front pay: Lost future earnings from the discrimination.
- Lost benefits: This may include health coverage, insurance, pension, and 401k plans.
- Emotional distress: This is also referred to as pain and suffering, which is mental and emotional injuries because of discrimination.
Winning a discrimination case can be difficult, but with an experienced employment lawyer, the odds of winning drastically increase. Discrimination in the workplace is a very devastating experience and an employer should never get away with treating an employee unfairly.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Advocate on Behalf of Victims of Discrimination
If you experienced discrimination in the workplace, contact the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC for experienced help with your case. Our dedicated team understands the complexities behind these types of cases and will work with you to ensure you receive the compensation you deserve. Contact us online today or call us at 856-235-7075 for a free consultation. Located in Mount Laurel and Atlantic City, New Jersey, we serve clients throughout South Jersey, including Cherry Hill, Camden County, and Burlington County.