Retaliation After Filing a Discrimination Claim: How to Protect Yourself in NJ

Facing workplace discrimination is a stressful and challenging experience, especially when you’re treated unfairly due to your race, gender, age, religion, or disability. Filing a discrimination claim is often the first step toward asserting your rights and seeking justice. However, many employees worry about what might happen after they file the claim. In New Jersey, retaliation by an employer in response to a discrimination complaint is illegal, but it’s still a concern for many individuals.

If you’ve filed or are considering filing a discrimination claim in New Jersey, understanding your legal protections and how to safeguard yourself against retaliation is essential. In this blog, we’ll explore what retaliation is, your rights under New Jersey law, and the steps you can take if you experience retaliatory actions from your employer.

What Is Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as filing a discrimination claim. Retaliatory actions can vary and may include anything from demotion or termination to more subtle forms of mistreatment, such as being passed over for promotions or receiving negative performance reviews that are unwarranted.

Under both federal and state laws, retaliation is prohibited. In New Jersey, the New Jersey Law Against Discrimination (NJLAD) offers robust protections against workplace discrimination and retaliation. Employees who face retaliation for filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices are protected under this law.

Common Forms of Retaliation

Retaliation can manifest in several ways, and it’s important to recognize the signs to protect your rights. Common forms of employer retaliation include:

• Termination or Demotion: If an employer terminates or demotes an employee after filing a discrimination claim, this is one of the most blatant forms of retaliation.
• Reduction in Hours or Pay: Reducing an employee’s work hours, pay, or benefits after filing a claim is a common retaliatory tactic.
• Harassment or Hostile Work Environment: An employer or coworkers may begin harassing the employee or creating a hostile work environment to push them out of the organization.
• Negative Performance Reviews: Receiving unjustified negative performance evaluations following a discrimination complaint can be a form of retaliation designed to justify disciplinary action.
• Exclusion from Meetings or Opportunities: Excluding an employee from meetings, projects, or opportunities for growth as a result of their complaint is another subtle way employers retaliate.
• Reassignment to Less Favorable Roles: Moving an employee to a position with fewer responsibilities or prestige after they’ve made a complaint can be a form of retaliatory behavior.

Legal Protections Against Retaliation

New Jersey employees are well-protected by state and federal laws when they file a discrimination claim. Some key legal protections include:

• New Jersey Law Against Discrimination (NJLAD): The NJLAD protects employees from discrimination based on race, gender, age, disability, sexual orientation, and more. It also prohibits employers from retaliating against employees who file a complaint, participate in an investigation, or oppose discriminatory practices.
• Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination in employment based on race, color, religion, sex, or national origin. Title VII also makes it unlawful for employers to retaliate against employees who assert their rights under the law.
• Americans with Disabilities Act (ADA): Under the ADA, employees with disabilities are protected from retaliation for filing discrimination claims or requesting accommodations.
• Family and Medical Leave Act (FMLA): The FMLA provides protections for employees who take medical leave for themselves or a family member. Retaliating against employees for taking or requesting FMLA leave is illegal.

Steps to Take If You Face Retaliation

If you suspect that your employer is retaliating against you after filing a discrimination claim, it’s important to take action quickly to protect your rights. Here are some steps you can follow:

• Document Everything: Keep detailed records of any retaliatory actions you experience. This includes emails, performance reviews, changes to your duties, and any other interactions that suggest retaliation. The more evidence you have, the stronger your case will be if you decide to take legal action.
• Report Retaliation to HR: Report any retaliatory behavior to your human resources department or another appropriate authority within your organization. In some cases, employers may not be aware of the behavior, and it can be resolved internally.
• File a Retaliation Claim: If the retaliation continues or worsens, consider filing a formal retaliation claim with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC). Both agencies handle discrimination and retaliation claims. The NJLAD has a two-year statute of limitations for filing such claims, so it’s important to act promptly.
• Consult with an Employment Law Attorney: Retaliation cases can be complex, and consulting with an experienced New Jersey employment law attorney can provide you with the guidance you need. An attorney can help you understand your legal options, gather evidence, and file a claim against your employer.

How Rudnick, Addonizio, Pappa & Casazza PC Can Help

At Rudnick, Addonizio, Pappa & Casazza PC, we understand how intimidating it can be to stand up against workplace discrimination, especially when you fear retaliation. Our experienced employment law attorneys are dedicated to protecting employees’ rights in New Jersey. We are committed to ensuring that employees who face discrimination or retaliation have the legal support they need to seek justice.

If you believe you’re being retaliated against for filing a discrimination claim, we can help. Our team will assess your case, provide you with a clear understanding of your legal rights, and represent you in any legal proceedings that may follow. Whether you’re dealing with wrongful termination, demotion, or other retaliatory actions, we’re here to fight for your rights.

Don’t Face Workplace Retaliation Alone: Contact Our NJ Employment Law Attorneys Today

Filing a discrimination claim can be daunting, especially when you fear potential retaliation. Fortunately, New Jersey law provides strong protections to ensure your rights are safeguarded. If you experience retaliation, remember to document everything and seek immediate legal assistance. At Rudnick, Addonizio, Pappa & Casazza PC, we understand the emotional and financial toll workplace retaliation can take. Our compassionate employment law attorneys will stand by your side, helping you navigate this challenging process and fight for justice. Contact us today to protect your future and hold your employer accountable.