Is an Employer Responsible for Workplace Discrimination?

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There are federal and state laws in place that prohibit discrimination against employees of protected classes, such as race, nationality, religion, age, sex, sexual orientation, etc. With this, your employer has a social obligation to provide appropriate training and management so that you can work in a safe environment that is free from discrimination, harassment, and intimidation. But if you are still experiencing discrimination in your workplace, continue reading to learn how to hold your employer responsible and how an experienced employment discrimination attorney in Gloucester County, NJ at The Vigilante Law Firm, P.C. can help you in doing so.

When is an employer responsible for workplace discrimination?

First of all, it is important to confirm that you are indeed being discriminated against before you go forward with your claim. For example, if your employer treats all of their employees poorly, and it is seen to be regardless of their protected classes (race, nationality, religion, age, sex, sexual orientation, etc), then this likely does not constitute a claim.

On the other hand, discrimination does not necessarily need to come directly from your employer to constitute a claim. Rather, you may be able to make the following argument:

  1. As an employee, your employer had a duty to protect you from discrimination in the workplace.
  2. You experienced discrimination from a manager or a coworker.
  3. Your employer knew or should have reasonably known about the discrimination you were experiencing from your manager or coworker.
  4. Your employer neglected their duty of care and did not take timely and appropriate action toward stopping the discrimination you were experiencing from your manager or coworker.
  5. You continued to experience discrimination from your manager or coworker as a result.

What should I do if I experience workplace discrimination?

For a successful claim against your employer, you must collect a sufficient amount of evidence that proves that you were indeed discriminated against and that your employer was aware or should have been aware. Examples of important pieces of evidence include the following:

  • A log of discriminatory comments that have been made by a fellow employee and directed toward you.
  • Copies of discriminatory emails and texts that a fellow employee has sent to you.
  • Pictures and videos of your employee performing discriminatory actions.
  • Witness testimonies regarding the discriminatory actions.
  • Copies of the complaints you have filed with your employer regarding the discriminatory actions.
  • Doctor’s notes that state the physical and mental health treatments needed after such discriminatory actions.
  • Copies of medical bills that state the cost of physical and mental health treatments needed after such discriminatory actions.

Once you gather all this information, you must reach out to one of the skilled New Jersey employment lawyers. We will do everything in our power to ensure that the appropriate parties are held responsible. Call us today.

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