How to Win Your NJ Discrimination Case
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by: Ronald J. Wronko, Esq.
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Employment Discrimination cases under the New Jersey Law Against Discrimination succeed or fail based on whether they can satisfy certain proof requirements.
First, a plaintiff must show membership in a protected class. Under New Jersey’s Law Against Discrimination, an employee cannot be terminated, harassed, or subjected to an adverse employment action because of such membership. These categories include disability, race, gender, national origin, sexual orientation, domestic partnership, and marital status.
The employee must then show that he or she was qualified to perform the job and was performing at a level that met the employer’s expectations. Employers typically argue that the employee was not performing up to expectations. To win discrimination cases, especially if there were no discriminatory statements made, an employee will need to show that he or she was targeted or treated differently.
The employee must also show that he or she suffered an adverse employment action. Such an action can include termination or demotion. The employer must have had someone else continue to perform the plaintiff’s job.
After a plaintiff has established these elements, the employer gets a chance to rebut this evidence and show how its decision was non-discriminatory. The employer will likely argue that the employee was deficient in some way, and that its decision had nothing to do with the employee’s membership in a protected class.
Finally, the employee then is given an opportunity to show that the employer’s reason is merely a pre-text for discrimination. Evidence of pre-text can include treatment of the employee differently than other co-workers and discriminatory remarks made against the employee.
If you believe that you have been subjected to employment discrimination in New Jersey, you can contact Ronald J. Wronko, Esq., for an initial consultation.
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