What Laws Protect Against Retaliation in the Workplace in New Jersey?
Posted December 5th, 2024.
Categories: Blog.
Retaliation happens when an employer acts negatively toward an employee for a perceived slight or wrongdoing. They may try to take revenge by firing them, demoting them, cutting their pay, giving them unfavorable tasks, etc. Several federal laws protect against retaliation and are vital in ensuring a fair and equitable workplace for all employees. It is crucial that you understand these protections so you can better advocate for your rights. If you have faced retaliation in the workplace an experienced lawyer can help you file a complaint and take action to ensure your rights are protected. Reach out to a Cherry Hill employment law attorney today to discuss your situation and legal options.
What Federal Laws Protect Against Retaliation in the Workplace?
The same laws and regulations that establish employee rights in the workplace generally state that employers cannot retaliate against an employee for participating in activities within their rights. Consider the following laws and the protections they afford employees in the workplace.
Civil Rights Act of 1964: The Civil Rights Act established a wide array of protections for employees. Its claim to fame is prohibiting discrimination based on race, color, religion, sex, national origin, and more. Title VII of this act includes a provision that protects employees who file complaints, answer questions in an investigation, or openly oppose discriminatory practices.
Americans with Disabilities Act: The ADA protects individuals with disabilities from discrimination and retaliation for seeking reasonable accommodations or reporting discrimination.
Fair Labor Standards Act: The FLSA not only establishes minimum wage and overtime laws, but it includes laws protecting employees who report wage violations from retaliation.
Whistleblower Protection Act: This act protects federal employees who disclose information (blow the whistle) about any company wrongdoing like legal violations, fraud, mismanagement, etc.
Family and Medical Leave Act: The FMLA provides qualifying employees with 12 weeks of job-protected leave per year and prohibits retaliation against an employee for taking their leave or reporting an employer for attempting to prevent them from doing so.
Age Discrimination in Employment Act: The ADEA protects employees aged 40 and older from age-based discrimination and prohibits retaliation for employees who complain about discrimination or engage in a related investigation.
In addition to these federal protections, New Jersey state law has implemented various laws and regulations ensuring the rights of employees. The following also contribute to preventing retaliation.
- Wage laws that ensure you are paid at least the minimum wage, in full, and in a timely manner
- Earned sick leave which allows all employees up to 40 hours of paid sick leave per year
- Temporary disability benefits and leave
- The False Claims Act which makes it illegal for an employer to prevent an employee from disclosing information to law enforcement or force them to make false or fraudulent claims
An employee’s entitlement to the above rights can also help protect them from various forms of retaliation in the workplace. If your employer has retaliated against you, reach out to a skillful lawyer to discuss your situation and learn about your legal rights and options.
