Five Elements that Can Prove Workplace Discrimination


If you have been terminated from your employment or passed over for promotions or other opportunities because of your age, gender, or race you need to consult an employment attorney about how you can assert your rights. 

New Jersey and federal laws provide employees with the right to apply for jobs and perform their jobs without the fear of being judged because of their personal characteristics instead of their abilities and professional qualifications. Each employee in the state has the right to equal treatment in their respective workplaces. Any violation of this right amounts to workplace discrimination. But, how can you prove employment discrimination in New Jersey? To prove discrimination in the workplace, you and your attorney must prove the following elements:

Protected Status

You must show evidence that you have been treated unfairly or have been discriminated against due to your protected status like age, gender, race, national origin, disability, religion, sexual orientation, age, and more. For instance, your employer cannot discriminate against you based on your skin or color. 

Ability and Qualifications

It is important to prove you have the necessary qualifications to perform your job with competency and integrity. A great employment attorney will look for copies of your performance appraisals that show you were rated by your superiors. Also, they may obtain letters of commendations from peers, customers, or clients that show you performed your job well. 

Eyewitness Testimony

If you have been getting discriminatory comments from your boss, talk to your coworkers who have overheard these comments or find others who may have also been discriminated against for the same or different reason. Testimony from an eyewitness can be quite valuable in New Jersey discrimination cases. 

Mistreatment Patterns

If you believe you have been treated differently from those outside your protected status, you need to show a pattern of unfair or discriminatory treatment in your workplace. Look for evidence that shows some coworkers with similar qualifications and experience have been provided with better and more favorable opportunities and projects. 

Discrimination and Retaliation

If you have been retaliated against by your superior by further mistreating you at work, you must document this retaliation and report it. File a complaint with your human resource department and report your employer to the Equal Employment Opportunity Commission. Also, consult an experienced attorney who will fight to protect your rights each step of the way. The right attorney to work with is passionate in their pursuit of justice for their clients. 

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