Articles Posted in Employment Discrimination

New York lawmakers recently introduced legislation that would make it illegal for businesses to discriminate against unemployed job seekers, Reuters reports.

New Jersey Employment Lawyers understand how difficult it can be to find work right now. Millions of Americans are searching job postings, sending out resumes and hoping for callbacks to get back on their feet. And it’s tragic when companies decide not to hire someone just because they’ve been out of work, the result of which may not even be their fault. Unfortunately, its not against the law. Disqualifying an employee for other reasons — including sex, age or race — is illegal and should be handled by a discrimination attorney in New Jersey.The article says the bill would make the unemployed a protected class under New York law, which would give them the same status as other groups, such as the physically disabled. It would also make it illegal to post job openings and openly discourage unemployed applicants.

This type of discrimination contributes to the increased problem of long-term unemployment, lawmakers said. The New York State Department of Labor reports the unemployment rate was 7.9 percent in April, down almost 1 percent from April 2010.

New York is catching up to New Jersey, which was the first state to ban a form of unemployment discrimination by pushing through a bill that made it illegal for companies to require their applicants be employed. It took effect on June 1. There is no federal statute banning employment discrimination, but a Democratic Representative from Georgia recently introduced the Fair Employment Act, which would prohibit hiring practices based on the unemployed.

All this is good news for job seekers. But while these are improvements to the law, it may not protect you at your job. Employers aren’t always legally required to treat their employees fairly, unless the discrimination is based on religion, race, age, gender physical condition, sexual orientation, national origin, veteran or military status or other legally protected class.
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Many New Jersey workers don’t know what laws protect them from harassment and discrimination at work.

And while, hopefully, you don’t have to worry about those issues because your bosses and company follow the law, it often happens that employees’ rights are violated. That’s when you’ll need to consult with New Jersey Employment Lawyers to determine the best course of action to combat these injustices.The New Jersey Law Against Discrimination makes in unlawful to treat people differently based on many factors, including race, gender, sexual orientation, national origin, physical ability and age.

The state allows for people to file discrimination complaints with the Division on Civil Rights, which must be done within 180 days of the alleged act of discrimination. The U.S. Equal Employment Opportunity Commission also can help employees by providing support and direction in discrimination claims, and requires a filing within 300 days of the act of discrimination.

While filing complaints with state and federal agencies can be helpful in your quest for justice, they are often slow-moving and have thousands of cases to review, moving your case sometimes to the bottom of the pile. Another reason why it’s a good idea to consult with an experienced New Jersey discrimination law attorney.

The New Jersey Law Against Discrimination also prohibits harassment based on race, sex or nationality. That means you can’t be subjected to unwelcome sexual advances, touching or sexually explicit materials in the workplace. This area of harassment comes in many forms, but it’s usually obvious to the person being harassed. Don’t be intimidated by this pressure and succumb to the person doing the harassing. Consult with an experienced employment attorney capable of fighting what is going on in your office or at your job.

While New Jersey law prohibits employment discrimination, it has become fairly common. Statistics from the EEOC indicate that in the last fiscal year, there were nearly 100,000 claims of discrimination. That’s an increase of 24 percent since 2000. Nearly 65 percent were based on race or gender.
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