Employees who witness or experience illegal conduct at work often hesitate to speak up. The fear that a supervisor will take revenge is a powerful silencer that can jeopardize a career or financial stability. New Jersey employment laws are designed to shield workers from this exact type of behavior.
Defining retaliation under the law
Under the New Jersey Law Against Discrimination, retaliation is defined as any reprisal taken against an employee because they engaged in a protected activity, such as reporting discrimination To establish a claim, a worker generally must demonstrate three things: they participated in a protected activity, they suffered an adverse employment action and evidence connecting these two.
What qualifies as a protected activity?
Retaliation laws do not protect a worker from general personality conflicts. To be protected, the individual must act in opposition to discrimination or illegal practices. This includes:
- Filing a formal complaint with human resources regarding workplace discrimination or harassment
- Submitting an external report to the Equal Employment Opportunity Commission or the New Jersey Division on Civil Rights
- Testifying or participating in an investigation into the employer’s conduct
- Requesting a reasonable accommodation for a disability or pregnancy
These actions are considered legally safeguarded steps that trigger statutory protections for the employee.
Identifying adverse employment actions
While termination is the ultimate adverse action, the law recognizes that reprisals often take subtler forms. An adverse employment action is generally defined as any conduct that alters the terms and conditions of employment or creates a hostile work environment. This can include demotions, unjustified negative performance reviews, salary reductions or reassignment to less desirable shifts.
According to the U.S. Equal Employment Opportunity Commission, unlawful reprisal can also include excluding an employee from team meetings or activities that contribute to professional advancement.
Proving the connection
Establishing a link between the complaint and the punishment often requires a close review of the timeline. Workers who believe they are being subjected to reprisals should document every interaction to build a detailed record of events for a potential legal review. An experienced employment law attorney can analyze these records to determine if the employer’s conduct violated state protections and advise on the appropriate legal recourse.
