New media attention to workplace dynamics has brought
questions regarding proper professional behavior. Discrimination includes the
act of, or a proposing act of, treating someone unfavorably based on personal
characteristics protected by the law. Employees are protected from direct and
indirect discrimination throughout their employment. David
Kaplan
Direct discrimination often happens when an employer or co-worker
makes unfair assumptions about a person’s abilities based on certain personal
characteristics. These assumptions may be made quietly, or in in the manner of
direct harassment. Nonetheless, these wrongful assumptions is an act of
discrimination in the workplace.
Indirect discrimination occurs when an unreasonable
condition is set that disadvantages a person of a certain personal
characteristic. This happens when a workplace policy or practice seems to
target all workers the same, but in fact sets limitations to a certain person.
Aside from direct and indirect, discrimination may also stem
from a variety of unwanted behaviors. Persistent bullying, regular harassment,
unwelcoming sexual conduct, subjective and threatening behavior, and general
intimidation are unacceptable forms of treatment in the workplace.
If you suspect you’ve been a victim of unacceptable
treatment, it’s critical to understand your rights under discrimination
laws. David H. Kaplan Attorney at Law
Boundaries
Employees are protected from discrimination during all
stages of employment including how interviews and observations are conducted,
being offered unfair terms and conditions of employment, being denied
employment opportunities, and being unfairly terminated.
While workplace banter and inter-office humor may be
harmless, there are limits. When such conduct focuses on protected individual
characteristics, then the banter and humor crosses the line into discrimination
and harassment.
New Jersey Law
On the both the state and federal level, harassment,
discrimination, and retaliation are prohibited. In New Jersey, employers are
officially barred from harassment on the basis of an employee’s protected
status. In addition, it is against the law to assist or authorize another
person to discriminate against someone else. Retaliation is specifically
prohibited as it is a violation of the law to punish or threaten someone
because they have made a complaint, or helped someone make a complaint of discrimination
in the workplace.
Retaliation
Your employer may attempt to seek revenge following your
initial claim of harassment. Retaliation is when an employer consciously or
subconsciously punishes an employer for engaging in legal activity. Retaliation
can include unnecessary discipline, salary reduction, job reassignments, among
other negative actions.
If you suspect retaliation, remember it is an act prohibited
by law under reasonable circumstances. If you suspect legitimate retaliation
you should voice your concern, talk to your supervisor, and ask questions. The
matter may resolve itself without further legal action, but if necessary,
consult with your lawyer to see what compensation you’re likely to recover from
these further damages.
Proven Legal Guidance
Where you work is part of who you are – shouldn’t it be a
place you feel comfortable?
If you have been a victim of harassment, discrimination, or
retaliation at work, you’ll need trusted legal guidance. As a renowned, 30-year
veteran of the courtroom, attorney David H. Kaplan has a passion for the rights
of working people.
To get started with a consultation, contact the Law Offices
of David H. Kaplan today.
Website: http://dkaplanlaw.com/
Website: http://dkaplanlaw.com/
