How do I File a Discrimination Lawsuit in NJ?

Do you live in New Jersey and are wondering how you can go about filing a discrimination claim? Unfortunately, workplace discrimination is a common issue. Discrimination occurs when certain employees are not treated the same or even worse by their boss, manager, supervisor, or fellow employees due to their characteristics. If you have been a victim of employee discrimination, you should hire an employment lawyer New Jersey affiliated with Ashton E. Thomas Esquire for assistance.

What is a Discrimination Lawsuit?

A discrimination lawsuit is a signed statement that an employer, union or employment agency has discriminated against an employee. Furthermore, a federal or state governmental agency will be asked to investigate the discrimination that has occurred.

There are various class characteristics that are protected under both federal and state employment laws, including:

• Sexual harassment
• Hostile work environment
• Religious discrimination
• Race discrimination
• National origin discrimination
• Disability discrimination
• Age discrimination
• Gender discrimination
• Sexual orientation discrimination
• Pregnancy discrimination
• Gender identification discrimination
• Marital status discrimination
• And many others

An employee should never be forced to experience discrimination by an employer especially if it is based on the status of an employee that falls under a protected class. That is why wrongful termination lawyers NJ work to protect employees that have fallen victim to such discrimination.

How do I File a Discrimination Lawsuit?

 There is no easy way to predict how long it will take to litigate an employee lawsuit. Employment lawyers New Jersey will assist you every step of the way. Depending on whether your case can be resolved under negotiations or if it goes to trial, it may take months or more than a year.

Different degrees of variables such as the damages incurred and the settlement positions taken by the plaintiff and the defendants have a lot to do with the timing of the lawsuit. In short, employment lawsuits can take several years to be finalized. Many of these lawsuits never make it to trial since they are resolved prior to trial via a settlement agreement between the parties.

Once a lawsuit has been filed, the employer only has 35 days to file an answer to the plaintiff’s complaint. The parties will then proceed to the discovery phase of a lawsuit after the pleadings stage. Most of the time will take place during the discovery phase, which allows both parties to discover relevant facts by obtaining evidence from each other or via third parties.

If your case is not settled or dismissed during the discovery phase of the lawsuit, one or both parties may try to win or dispose of the case by way of a motion for summary judgment. 

Following a trial, a lawsuit is not necessarily complete. It is typical for one or both parties to file an appeal depending on the verdict at trial. A party can file an appeal to the Appellate Division and then to the New Jersey Supreme Court in New Jersey state court. 

How an Attorney Can Help

Employment attorneys in NJ are here for a reason. Odds can be stacked against you and it is beneficial to hire an attorney to represent you instead of dealing with it on your own.

An attorney that is experienced can level the playing field, keep your rights protected, and take care of all aspects pertaining to your case. A New Jersey discrimination attorney can also help you make informed decisions about seeking legal recourse and damages from an employer by giving you legal advice. He or she can also help you file a discrimination complaint with your state’s agency and take care of the aspects of your lawsuit. Attorneys are already familiar with Elizabeth wrongful termination laws in your state.

Due to the critical importance of discrimination lawsuit cases, hiring an experienced New Jersey discrimination attorney that specializes in the field is the best way to receive the best outcome.