What Kinds of Unfair Treatment Qualify as Workplace Discrimination? -

Many employees experience unfair treatment in the workplace, but not all unfavorable actions are legally considered “discrimination.” Understanding the difference between general unfairness and unlawful discrimination is critical when evaluating whether you have a potential legal claim under New Jersey employment law.

New Jersey’s Law Against Discrimination (NJLAD) is one of the strongest anti-discrimination laws in the country. It provides broad protections for workers and covers a wide range of discriminatory conduct. In this article, we’ll explore the kinds of unfair treatment that qualify as workplace discrimination and what you can do if your rights have been violated.

Legally Protected Characteristics

Under NJLAD, workplace discrimination occurs when an employee or job applicant is treated unfairly because of a protected characteristic, including but not limited to:

Race or ethnicity
Religion or creed
Gender or sex (including pregnancy and breastfeeding)
Sexual orientation or gender identity
Disability or perceived disability
Age (over 18)
Marital status
Military service
National origin

If unfair treatment at work is linked to any of these traits, you may have a valid discrimination claim under NJ law.

Examples of Unfair Treatment That May Be Discriminatory

Unlawful workplace discrimination can take many forms. Some of the most common include:

Being passed over for promotion because of your gender or race
Receiving unequal pay for the same work
Being assigned less favorable shifts or duties due to age or disability
Enduring offensive jokes or slurs related to religion or national origin
Being terminated or disciplined after disclosing a pregnancy

Importantly, not every negative workplace experience qualifies as discrimination. Employers are allowed to make decisions based on performance, conduct, or business needs—as long as those decisions are not based on protected characteristics.

Discrimination vs. Harassment

Workplace harassment is a specific type of discrimination that involves offensive or hostile behavior directed at an employee because of a protected trait. Harassment becomes unlawful when it creates a hostile work environment or when enduring it becomes a condition of continued employment. Examples include:

Sexual advances or comments that are unwelcome
Derogatory remarks about an employee’s disability
Bullying based on race or ethnicity

Harassment and discrimination often overlap, and both are prohibited under NJLAD.

What to Do If You Experience Discrimination

If you believe you’re being treated unfairly due to a protected characteristic, it’s important to take the following steps:

Document the behavior: Keep detailed notes of incidents, dates, and any witnesses.
Follow company procedures: Report the behavior to HR or your supervisor using internal complaint processes.
Seek legal counsel: If the behavior continues or escalates, an attorney can help you assess your options and file a claim if necessary.

For more detailed information about what qualifies as discrimination in New Jersey workplaces, visit this page on workplace discrimination provided by NJ Employment Lawyers, LLC.

Potential Remedies

Victims of discrimination may be entitled to various legal remedies, such as:

Reinstatement to a prior position
Back pay and benefits
Compensation for emotional distress
Punitive damages
Attorney’s fees and costs

These remedies not only compensate employees for their losses but also send a message that discrimination in the workplace will not be tolerated.

Conclusion

Not all unfair treatment is illegal—but if you believe you’ve been targeted due to your race, gender, age, disability, or another protected trait, you may have a claim under New Jersey employment law. Don’t suffer in silence. Get informed, seek support, and take the steps needed to defend your rights.

NJ Employment Lawyers, LLC stands ready to assist employees throughout New Jersey in their fight against workplace discrimination.