New Jersey Failure to Promote Lawyer
There are multiple federal and state laws that ban certain forms of discrimination in employment. For example, an employer cannot fire or refuse to hire someone based on their sex or race. But anti-discrimination law covers any form of “adverse employment action” based on a protected characteristic.
This includes a failure to promote an employee. Basically, if your employer uses factors like your gender, religion, or disability status as a criteria for deciding whether to promote you, that is against the law. A qualified New Jersey failure to promote lawyer can review your case and advise you of your rights in this situation. At Poulos LoPiccolo PC, we represent clients who have been subject to these kinds of adverse employment actions, and we can work with you to help you seek appropriate compensation from your employer.
Employers Often Make Excuses to Cover Up Discriminatory Intent
Title VII of the Civil Rights Act of 1964 and the New Jersey Law Discrimination (LAD) are the two principal laws governing employment discrimination in the State of New Jersey. These laws identify a number of protected characteristics that employers cannot rely upon when making employment-related decisions, including whether or not to promote a specific employee. These protected characteristics include:
- race, color, national origin, nationality, and ancestry;
- religious creed or membership (or non-membership) in a religious organization;
- sex, gender, sexual orientation, and gender identity or gender expression;
- disability status, including the employer’s incorrect perception that an employee is disabled;
- marital status;
- an employee’s liability for possible military service;
- age; and
- genetic information or atypical genetic traits.
Keep in mind, there are a number of legitimate reasons an employer can offer for failing to promote an employee. The employee may fail to meet the qualifications or experience requirements for the higher position. They may have a history of poor work performance. Or another candidate was simply more qualified. None of these reasons are, on their face, discriminatory or illegal.
But we also know from experience that employers often mask discriminatory reasons with legitimate-sounding reasons. For example, a supervisor may tell an Black employee they were less qualified than a white co-worker for a particular promotion. But the Black employee later learns that their company has never promoted a Black employee to the position they were seeking. This strongly suggests a discriminatory refusal to promote Black employees.
This is why it is crucial to work with an attorney if you suspect there is ongoing discrimination in your workplace. Few managers will ever come right and out and say they are refusing to hire you for an illegal reason. But they will often leave certain clues or hints that something is awry. By working with a lawyer who knows how to handle these cases, you put yourself in a better position to build a compelling case for illegal discrimination.
New Jersey Employment Lawyers Serving Ocean, Monmouth, Middlesex County & Beyond
Employees who suffer workplace discrimination can seek significant damages from their employer. This includes monetary compensation in the form of what the employee would have earned had they received the promotion they were seeking. An employer can also be ordered to pay the affected employee additional compensation for their pain and suffering, as well as possible punitive damages for egregious misconduct.
So if you suspect you have been unfairly mistreated by your employer and need to speak with an experienced New Jersey failure to hire lawyer, contact Poulos LoPiccolo PC today to schedule an initial consultation.