Workplace Discrimination

New Jersey Discrimination Lawyer

We represent New Jersey employees in discrimination claims under the Law Against Discrimination, building each case for trial from the first conversation so an employer that treated you differently because of who you are has to answer for it. Call 908-219-4457 for a free consultation.

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Bias at Work Is Illegal in New Jersey. We Make It Count.

Maybe you were passed over for promotion again and again, and everyone who moved up was younger than you. Maybe you asked for an accommodation and your manager started documenting every mistake the week after. You know why it happened, even if no one said it out loud.


As a New Jersey discrimination lawyer, our job is to turn what you know into evidence a jury can see. Discrimination cases are a central part of our employment law litigation practice, and we represent employees throughout New Jersey from our Summit office at 4 Chatham Road.

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The New Jersey Law Against Discrimination (NJ LAD)

The New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., is one of the broadest anti-discrimination laws in the country. It applies to New Jersey employers of any size, from a three-person office to a national corporation, and it protects job applicants as well as current employees.


In employment, the NJ LAD prohibits discrimination based on:

  • Race, including hair texture and protective hairstyles
  • Creed
  • Color
  • National origin
  • Ancestry
  • Nationality
  • Age
  • Sex, including pregnancy and breastfeeding
  • Marital status
  • Civil union or domestic partnership status
  • Affectional or sexual orientation
  • Gender identity or expression
  • Disability, including a disability your employer perceives you to have
  • Genetic information
  • Atypical hereditary cellular or blood trait
  • Liability for military service


Federal laws such as Title VII only reach employers with 15 or more employees. The LAD's broader coverage means many New Jersey workers have a strong state claim even when a federal claim is not available.

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What Workplace Discrimination Looks Like

Discrimination is rarely announced. It usually shows up in decisions about your job that do not add up, or that fall differently on you than on the people around you. The LAD covers:

  • Hiring, firing, demotion, pay, promotion and job assignments made because of a protected characteristic
  • Refusing to reasonably accommodate a disability or a pregnancy-related need
  • Harassment based on a protected characteristic
  • Retaliation for complaining about discrimination or supporting a co-worker who did


When harassment is sexual in nature or creates a hostile work environment, our sexual harassment lawyers handle those claims in depth.


If you were fired, or punished after you complained, a discriminatory firing or retaliation claim may be part of your case, and we pursue those claims alongside the discrimination itself.

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What You Can Recover Under the NJ LAD

The LAD allows employees to recover for the full harm discrimination caused, including:

  • Back pay for the wages and benefits you lost
  • Front pay for future earnings when returning to the job is not realistic
  • Emotional distress damages for the stress, humiliation and disruption to your life
  • Punitive damages in qualifying cases where upper management took part in the conduct or was willfully indifferent to it
  • Attorney's fees and costs, which a court can shift to the employer when you prevail


Liability does not stop with the company. Individual supervisors and managers can be held personally liable under the LAD for aiding and abetting discrimination.

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Where and When to File a Discrimination Claim in New Jersey

The deadline you face depends on where the claim is filed, and the forum you choose shapes how the case proceeds. Under the LAD, you have options:

  • File a complaint with the New Jersey Division on Civil Rights within 180 days of the discrimination
  • File a lawsuit directly in New Jersey Superior Court within two years, with the right to ask for a jury trial
  • Go straight to court without filing with any government agency first, because the LAD does not require it


Federal law works differently. A Title VII claim requires a charge with the Equal Employment Opportunity Commission, which in New Jersey is generally due within 300 days, before you can bring a federal lawsuit.


Choosing between an agency complaint, a state court lawsuit and a federal claim is a strategic decision with lasting consequences. We help you make that choice before a deadline closes any of those doors.

How Our Workplace Discrimination Lawyers in NJ Build a Case

Employers rarely admit bias, so we prove it through the record. Every case we take is prepared as if it will go to trial, and that preparation starts with the evidence:

Step 1

Compare how others were treated

We look at how co-workers outside your protected group were treated in the same situations, from discipline and performance standards to raises and promotions.

Step 2

Examine the timing

We map the gap between a complaint, an accommodation request or a disclosure and the adverse action that followed. A short, unexplained gap often tells the story.

Step 3

Gather the paper trail

We collect emails, texts, performance reviews and personnel records, including reviews that turned negative only after you raised a concern.

Step 4

Secure witness accounts

We identify co-workers and former employees who saw what happened or experienced the same treatment, and we lock in their accounts early.


We litigate discrimination cases in New Jersey state courts and federal court, as well as in arbitration and mediation, and the employer knows from the start that we are ready to try the case.

A New Jersey Discrimination Lawyer Built for Trial

Your employer may have an HR department and outside counsel behind it. We bring big-firm sophistication to the employee's side, with the personal attention of attorneys who stay available and explain each step.

  • A litigation-first firm with over twenty years of personalized legal representation
  • Best Lawyers recognition from 2018 through 2025
  • Super Lawyers recognition from 2019 through 2025
  • Andrew Smith named a New Jersey Super Lawyer for at least eight consecutive years
  • Employees represented throughout New Jersey from our Summit office at 4 Chatham Road

Questions About Discrimination Claims in New Jersey

  • What does the New Jersey Law Against Discrimination cover?

    The NJ LAD prohibits employers from discriminating based on race, creed, color, national origin, ancestry, age, sex, pregnancy, disability, sexual orientation, gender identity or expression and other protected characteristics. It covers hiring, firing, pay, promotion, assignments, harassment, accommodations and retaliation. It applies to New Jersey employers of any size.

  • How long do I have to file a discrimination claim in New Jersey?

    You generally have two years to file a lawsuit under the LAD in New Jersey Superior Court. If you file with the New Jersey Division on Civil Rights instead, the complaint is due within 180 days. A federal Title VII charge with the EEOC is generally due within 300 days in New Jersey.

  • Do I have to file with the EEOC before suing my employer in New Jersey?

    Not for a state claim. The New Jersey Law Against Discrimination lets you file directly in Superior Court without going to any agency first. An EEOC charge is only required if you want to bring a federal claim under Title VII.

  • Can I sue my employer for age discrimination in NJ?

    Yes. Age is a protected characteristic under the LAD, so being passed over, demoted or pushed out because of your age can support a claim. Patterns such as younger employees consistently receiving promotions or being kept on during layoffs are often part of the evidence we build.

  • My employer refused my disability accommodation in New Jersey. What can I do?

    New Jersey employers must reasonably accommodate a disability unless the accommodation would impose an undue hardship on the business. A refusal, or punishment for asking, can support a claim under the LAD. Keep a copy of your request and every response, and talk to us before the situation escalates.

  • What damages can I get under the NJ LAD?

    Depending on the case, you may recover back pay, front pay, emotional distress damages and attorney's fees, plus punitive damages in qualifying cases. Individual supervisors can also be held liable for aiding and abetting discrimination. Call us at 908-219-4457 to talk through what your case may be worth.

Know Your Rights Under New Jersey Law

You do not have to accept being treated differently at work because of who you are. We represent employees throughout New Jersey and offer a free consultation to review what happened, identify your deadlines and explain your options. Call 908-219-4457 or reach out online today.