The New Jersey Employment Law Firm Blog
Laws that protect workers from employment practices like discrimination or wage violations are not very helpful if people fear losing their jobs or facing other consequences for coming forward. For this reason, federal and New Jersey employment laws prohibit retaliation for various protected actions, including opposing suspected unlawful policies or practices and cooperating with government regulators. Employers who retaliate against employees for engaging in protected activities may be liable for damages. The New Jersey Attorney General’s Division on Civil Rights (DCR) recently issued a Finding of Probable Cause in a case alleging numerous violations of the New Jersey Law Against Discrimination (NJLAD). This is a relatively early stage in the administrative process and is not the same as a verdict finding an employer liable for violating the NJLAD, but if an employer cannot reach a settlement with the DCR after a Finding of Probable Cause, an administrative prosecution may follow.
Section 11(d) of the NJLAD, found at N.J. Rev. Stat. § 10:5-12(d), makes it an “unlawful employment practice” for an employer to “take reprisals against any person” because of certain actions. These actions include:
– Filing a legal complaint alleging NJLAD violations;
– Providing testimony or other assistance in a legal proceeding brought under the NJLAD;
– Seeking legal advice about rights under the NJLAD; and
– Stating one’s opposition to acts that one believes violate the NJLAD.
The NJLAD’s anti-discrimination provisions cover much more than employment discrimination. They also cover discrimination in housing, mortgage lending, consumer credit, banking, and public accommodations. The statute’s anti-retaliation provisions apply broadly to people who oppose any type of discrimination it addresses. In 2010, the New Jersey Supreme Court affirmed a broad view of the NJLAD’s protections against retaliation. It stated in its ruling that the NJLAD’s purpose is both “to fight discrimination wherever it is found…[and] to protect those who assist in rooting it out.”
The DCR’s recent Finding of Probable Cause arises from a case involving a consumer lending company. The business provides cash advances and other financial services to consumers and small businesses. The DCR states that it received a complaint in early 2023 that alleged multiple NJLAD violations, including discrimination against loan applicants on the basis of race or national origin. For example, they claimed that the company “repeatedly instructed [staff members] not to do business with ‘Chinese, African, and Spanish’ prospective clients.”
The complainant further claimed that the company retaliated against them for objecting to discriminatory lending practices, subjected them to a hostile work environment, and constructively discharged them. The constructive discharge allegations include “a barrage of racist memes, gifs, and comments” and the threat of a defamation lawsuit by the company. The complainant also made allegations against two individuals in supervisory roles.
The DCR found probable cause to support the complainant’s allegations against the company of race and national origin discrimination, retaliation, hostile work environment, and constructive discharge. It found probable cause supporting claims that the complainant’s direct supervisor should be held individually liable for retaliation and unlawful interference with the right to a workplace free of discrimination. Finally, it found probable cause to support claims that both individual supervisors named by the complainant aided and abetted the company’s NJLAD violations.
Workers in New Jersey and New York who have experienced unlawful discrimination or retaliation by their employers have the right to claim compensation. Our knowledgeable and experienced employment lawyers can help. Please contact our firm at 973-781-1204 or online today to schedule a confidential consultation to discuss your rights and options.