Proudly Serving New Jersey and New York
Federal and state laws protect you from discrimination in the workplace, including unlawful or “wrongful” termination, based on your membership in certain categories, known as protected classes. Protected classes differ under different laws.
Title VII of the Civil Rights Act of 1964 (Title VII) is the major federal law governing workplace discrimination. Under Title VII, it is illegal to discriminate against someone in the workplace on the basis of race, color, religion, national origin, sex, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination in the workplace because of their age. The ADEA protects people who are 40 or older.
The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 prohibit discrimination in the workplace against a person with a disability.
Some state and local laws also protect against workplace discrimination based on gender identity, immigration status, language, family responsibilities, sexual orientation, or genetic information.
The New Jersey Law Against Discrimination (NJLAD), for example, makes it illegal for an employer to discriminate on the basis of race, creed, religion, color, national origin, physical or mental disability, age, nationality, ancestry, marital status, affectional or sexual orientation, sex, liability for military service, hereditary cellular or blood trait, or genetic information.
Protections for workers under the NJLAD differ from those under the federal Age Discrimination in Employment Act (ADEA) in a few important ways:
- The NJLAD protects workers who are 18 years or older, whereas the ADEA only protects workers older than 40;
- The NJLAD protects against workplace discrimination based on the employee being “too young” as well as “too old;”
- Under the NJLAD, workers 70 or older cannot bring an age discrimination claim for failure to hire or promote, but may bring an age discrimination claim for other forms of discrimination;
- Under the NJLAD, all workers who prevail in age discrimination cases may recover compensatory damages (emotional pain and suffering) and punitive damages (damages intended to punish the employer), whereas the ADEA does not provide for these damages.
The NJLAD law also provides broader protection for employees with disabilities than the federal ADA the Americans with Disabilities Act, because it does not require that the employee have a substantial limitation of a major life activity.
At the Law Offices of Mitchell Schley, LLC, we help employees in New Jersey and New York stand up to unlawful workplace conduct with the guidance of a dedicated and experienced employment discrimination lawyer. We focus on the employee side, not the employer, so our advice is always about protecting your job, income, and reputation. Whether you were passed over, pushed out, terminated, or punished after complaining, we know how to evaluate what happened and how to respond.
Serving New Jersey and New York Employees
We represent workers facing discrimination based on age, gender, pregnancy, disability, race, religion, national origin, whistleblowing or retaliation. When you contact us, we review your facts against New Jersey or New York and federal law, identify every possible claim — including unpaid wages or wrongful termination — and explain your realistic options. Because we serve both New Jersey and New York, we understand how regional employers operate and what they respond to.
Our Workplace Discrimination Services
Our services include case evaluation, evidence gathering, employer communications, administrative filings, and, when needed, litigation. We organize documents, emails, and performance records to examine if the employer’s excuse is a pretext. By working with an employment lawyer, you reduce the risk of saying something that harms your claim or signing a severance that waives your rights. We also look for related wage, overtime, or contract issues, so you do not leave money on the table.
Why Choose Our Firm
Founding attorney Mitchell Schley brings Cornell ILR training, a Rutgers Law degree, and bar admissions in New Jersey, New York, and Pennsylvania and extensive work experience. That background means we speak the language of HR, management, and labor law. We keep our tone professional, friendly, and knowledgeable, but we are firm when it comes to enforcing your rights. If you believe your employer treated you differently because of a protected characteristic or punished you for speaking up, or you were not paid for overtime work let us look at it today. Contact the Law Offices of Mitchell Schley, LLC to talk with an employment lawyer who will actually listen, outline next steps, and fight for the outcome you deserve.
Frequently Asked Questions
How soon should I contact an employment discrimination attorney after discrimination happens?
You should reach out as soon as you realize something is wrong or when you get terminated, because deadlines can be short, and evidence disappears quickly.
Will my employer find out that I talked to you?
Initial consultations are confidential, and we do not contact your employer unless we both decide it is the right strategy. Sometimes we start with a demand letter and try to reach an early settlement; other times we file with a government agency first or file a lawsuit.
What if I was also underpaid or denied overtime?
It is very common for an employee not to be paid the minimum wage or overtime pay required by law. Overtime pay at time and a half is required if you work more than 40 hours in a week. This could be true even if you are paid with a weekly salary. Salaried employees whether paid on a weekly or two-week basis are entitled to overtime pay unless a special exemption applies to them. This is a very common overtime law violation.