Retaliation for Opposing Discrimination

The New Jersey Law Against Discrimination (“LAD”) is a broad anti-discrimination law that, among other things, prohibits employers from discriminating and harassing employees because of their age, race, color, disability, gender (sex), pregnancy, sexual orientation, national origin, marital status, ancestry, religion or military status.

The LAD also protects people who report those types of discrimination and harassment from retaliation. More precisely, it makes it unlawful for anyone to retaliate against, coerce, intimidate or threaten someone because they did any of the following:

1. Opposed a practice or action prohibited by the LAD;
2. Sought legal advice about their rights under the LAD;
3. Provided relevant information to a lawyer or a government entity about a potential violation of the LAD;
4. Filed a complaint, testified, or assisted in any proceeding under the LAD; or
5. Helped or encouraged someone else to exercise or enjoy their rights under the LAD.

In other words, it protects individuals who assert or attempt to assert violations of the LAD from retaliation.

Importantly, to be protected by the LAD’s anti-retaliation provision, you do not have to have objected to or reported an actual violation of it. Rather, it protect individuals who do so based on a good faith belief that there was a violation of the LAD whether or not they are correct.

Thus, for instance, an employee who reports something they mistakenly believed was sexual harassment or racial discrimination is protected from retaliation if they did so in good faith. They would not have to prove that any unlawful harassment or discrimination actually took place to prove their retaliation claim.

If you have experienced retaliation in violation of the LAD, the New Jersey retaliation attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. are here to help. Please feel free to call us at (201) 777-2250.

Although the LAD often is thought of as an employment law, it also applies in other contexts including prohibiting discrimination in entering contracts and doing business. In particular, its anti-retaliation provision applies to all individuals, whether or not they are employees.

For example, it protects employees and independent contractors who object about unlawful discrimination, harassment or retaliation against employees, customers or consultants.

One key example of the scope of its anti-retaliation provision is that the LAD makes it unlawful to retaliate against employee because they requested or received a reasonable accommodation for a disability, pregnancy, or religious belief.

Retaliation can occur in many different forms. However, the most common examples include retaliatory harassment, wrongful termination, being demoted, being passed up for a promotion, or another adverse employment action.

Even retaliation that occurs after your employment ends can be legally actionable. For more information about that, please see our article: New Jersey Court Rules that Retaliation After You Are Fired Can Violate The New Jersey Law Against Discrimination.

If you have been the victim of retaliation in violation of the LAD, then you are entitled to recover your lost wages, emotional distress damages, and attorney’s fees and costs. In addition, under some circumstances you also can receive punitive damages to punish the person or company that retaliated against you.

The statute of limitations to bring a retaliation claim under the LAD is two years from the date of the retaliation.

In addition to the LAD, numerous other New Jersey employment laws, including the Conscientious Employee Protection Act (“CEPA”), prohibit retaliation. For additional information, please see our retaliation and whistleblowers page.

If you are interested in learning more about your New Jersey employment law rights, including your rights under anti-retaliation laws, or would like to schedule an initial consultation with one of our attorneys, then you should call us at (201) 777-2250, or contact us online.

We are located at 135 Chestnut Ridge Road, Suite 230, Montvale, NJ 07645. In addition to in person consultations, we offer meetings via Zoom and over the telephone.

To learn more, please feel free to read one of the following article written by our New Jersey retaliation attorneys:

• Employees Can Proceed with Claim Employer Sued Them for Alleging Discrimination
• New Jersey Law Prohibits Retaliation Against Employee Who Refused to Lie in Sexual Harassment Lawsuit
• New Jersey Anti-Discrimination Law Prohibits Firing Employee for Refusing to Sign Arbitration Agreement