Written by Ravi Sattiraju on December 21, 2016
Discrimination claims, like any type of legal claim, require more of the claimant than a simple statement that he or she suffered from discrimination. The claimant has to prove that discrimination occurred and that it occurred within the context outlined in the applicable law. The claim must also be filed within the statute of limitations for discrimination claims.
After going over these factors, if you feel that you have grounds for a discrimination claim, contact an employment litigation attorney to discuss the next steps for resolving your issue.
Proof of Discrimination
Discrimination can be proved in a variety of ways. Some examples of ways you can prove that you have been a victim of workplace discrimination include:
- Testimonies from your colleagues;
- Emails or voicemails containing discriminatory language;
- Record of facing illegal interview questions, either when interviewing for the job or for a promotion; and
- Proof that you have been demoted, passed over for a promotion, terminated, or placed into your current position for a discriminatory reason such as your age or sex.
Is It Within the Legal Definition of Discrimination?
Discrimination is defined as the “unequal treatment of persons which has nothing to do with legal rights or ability.” Basically, this means treating individuals unfairly because of factors beyond their control, such as age, sex, disability, national origin, religion, race, or ethnicity.
Harassment is only discriminatory if it is pervasive to the point that it negatively impacts the victim’s ability to perform his or her job. Likewise, other types of discrimination must be proven to be for the reason listed above, rather than related to an individual’s job performance. A male employee receiving a promotion instead of a female employee is not necessarily discrimination. If the male employee was a better candidate for the job because of his experience or skill set, the female employee in this scenario does not have grounds for a discrimination claim.
Has the Statute of Limitations Expired?
With any type of legal claim, the statute of limitations plays a critical role. This is the time limit an individual has to file his or her claim. In New Jersey, the statute of limitations for discrimination claims is two years from the date that the discrimination occurred. In New York, it is three years. Once this time period passes, you are no longer entitled to file a discrimination claim.
Work with a Skilled New Jersey Discrimination Attorney
If you think you have been a victim of workplace discrimination and you could not resolve this issue within your company, it is time to contact an experienced discrimination attorney in New Jersey to discuss your legal options. For guidance and representation you can trust, contact The Sattiraju Law Firm, P.C. today. We are one of New York and New Jersey’s premier employment law firms with a record of successful resolutions for discrimination victims.