Discrimination
New Jersey’s Law Against Discrimination (LAD) protects people from discrimination at work, in housing, in places open to the public, and in credit and business dealings.
Is This You?
Does This Sound Like You?
- You were fired, demoted or harassed because of who you are
- A landlord refused to rent to you or treated you differently
- A store, school or other public place refused to serve you fairly
- You were punished for complaining about discrimination
What Is Discrimination?
Your Right to Equal Treatment
The New Jersey Division on Civil Rights (DCR) enforces New Jersey’s Law Against Discrimination (LAD) and Family Leave Act (FLA).
As the Attorney General put it, “Discrimination and harassment in violation of New Jersey law remains illegal even if it occurs against the backdrop of a global pandemic.”
Unlike the police-misconduct claims on this site, a discrimination claim is usually brought against an employer, a landlord, a business or a public place.
Know Discrimination Types
Where Discrimination Happens
Employment Discrimination
Unfair treatment at work, including sexual harassment — such as the Division’s findings of probable cause in a case of alleged employment discrimination based on race and age.
Housing Discrimination
Landlords and other housing providers may not refuse to rent or sell, or offer different terms, because of who you are.
Public Accommodation
A school, for example, may be liable under the LAD for failing to investigate or take action in the face of reports that a student was being harassed based on race or national origin.
Credit & Business Transactions
Lenders and businesses may not refuse to deal with you, or offer you worse terms, because of who you are.
Reprisal
It is unlawful to punish someone for opposing discrimination or for filing a discrimination complaint.
Family Leave
Under the Family Leave Act, eligible employees are generally entitled to return to the same positions they held prior to taking family leave.
Your Options
What Can I Do If I Believe My Rights Have Been Violated?
File With the Division on Civil Rights
You may file a complaint with the New Jersey Division on Civil Rights (Division) within 180 days of the date of the alleged violation. The complaint must be filed at one of the Division’s four regional offices.
Or File in Superior Court
Alternatively, you may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.
A Jury Trial and Damages
If you file an action in Superior Court, you are entitled to a jury trial and, if you win your case, a judge or jury may award you compensatory damages (such as back pay, reinstatement, promotion, pain and humiliation) and punitive damages.
Under the LAD and FLA, an individual may initiate an action in Superior Court without first filing a complaint with the Division. Prosecution of your claim in Superior Court, however, bars the simultaneous filing of a complaint with the Division or the further processing of a complaint which has already been filed with the Division.
Compensation
What You Can Recover
Back pay
Wages and benefits you lost.
Reinstatement or promotion
Getting back the job or the promotion you were denied.
Pain and humiliation
Compensation for emotional distress.
Punitive damages
Available in some cases.
Speak With Joel Silberman
Have You Faced Discrimination?
If you believe that you or a loved one has been discriminated against, please call The Law Offices of Joel Silberman, LLC at 201-420-1913 or email us at joel@joelsilbermanlaw.com for a free consultation.