Employment discrimination refers to unfair treatment of employees or job applicants based on certain protected characteristics, such as:

• race,
• color,
• national origin,
• sex (including pregnancy, gender identity, and sexual orientation),
• religion,
• genetic information,
• disability,
• age, or
• retaliation.

To prove employment discrimination under the law, one must typically show:

• Disparate treatment. This is intentional discrimination where an employee is treated less favorably because of their protected characteristic.
• Adverse impact (or disparate impact). This occurs when a seemingly neutral policy has a disproportionately adverse effect on members of a protected group.
• Harassment. This involves unwelcome conduct based on a protected characteristic that becomes a condition of continued employment or creates a hostile work environment.

Now, let’s delve into the types of evidence that can help establish these legal requirements:

• Witness testimony. Statements from co-workers, managers, or other individuals who witnessed the discriminatory behavior can provide first-hand accounts of the incident. These can corroborate the victim’s claims and provide context about the workplace culture.
• Statistical data. Numbers can tell a compelling story. If a specific group is consistently paid less, overlooked for promotions, or disproportionately terminated, it may indicate systemic discrimination.
• Thorough documentation. Emails, memos, performance reviews, disciplinary notices, and other official documents can demonstrate patterns of discriminatory behavior. For instance, if an employee is suddenly given poor performance reviews after disclosing a pregnancy, it could suggest discrimination.
• Filed complaints. Past complaints about discriminatory practices can show a pattern of behavior. These can be formal complaints made to HR or informal ones shared among colleagues.
• Evaluations and reviews. If an employee’s performance reviews decline after they have engaged in a protected activity (like filing a complaint or taking FMLA leave), it might indicate retaliation, a form of discrimination. Evaluations may also indicate a certain bias in management based on protected status.

Why Trust Our Employment Law Attorney?

At Herbert & Weiss, LLP, we handle employee-side and federal employment law disputes. If you believe an employer has violated your rights, we’ll work with you to pursue compensation or other restitution for any damages you’ve incurred.We understand that navigating through employment law issues can be daunting. That’s why our team of dedicated and experienced lawyers is here to assist you every step of the way.You can trust our Bergen County attorneys to handle your employment law concerns for the following reasons:

• Our legal team comprises highly skilled individuals who have extensive knowledge of employment laws. We are well-versed in various aspects of labor law, including wrongful termination, discrimination, wage disputes, and more.
• Our lawyers have a proven track record of successfully handling complex employment cases. With years of experience under our belts, we can effectively navigate the complexities of any case, no matter how intricate.
• We are deeply committed to fighting for the rights of employees. Our lawyers advocate tirelessly for our clients, ensuring that their rights are protected, and their voices are heard.
• Our firm has a solid track record of delivering favorable outcomes for our clients. We have successfully represented numerous clients, helping them secure the justice and compensation they deserve.
• We take a client-centered approach to cases. At Herbert & Weiss, LLP, our clients are our top priority. We take the time to understand your unique situation and tailor our approach accordingly, providing personalized legal services that meet your specific needs.
• We believe in maintaining open lines of communication with our clients. Our lawyers are always accessible and ready to answer any questions you may have about your case. We keep you updated on the progress of your case and explain everything in clear, understandable terms.
• Our lawyers think outside the box to provide innovative solutions to your legal problems. We combine our legal expertise with practical strategies to achieve the best possible outcome for your case.

To schedule a consultation with our team, contact us online or via phone at (201) 440-6300

Our team is open to helping any family through challenging times. The first step is speaking to an attorney. Then we will create a strategy specific to your goals.