Can a New York Employer Discriminate Based on Weight?

Unfair? Absolutely! Illegal? It is less than clear. Neither New York nor federal law contains a direct prohibition for weight-based discrimination. It is important to understand what can be classified as discrimination, how to prove it, and what damages you can seek. There have been some pushes for legislation to that effect but none have gained enough traction to move forward. That being said, there are circumstances in which weight motivated discrimination can form the basis for a lawsuit on the grounds that obesity is a disability.

Is Obesity Discrimination Considered Disability Discrimination?

Under New York’s Human Rights Law (NYHRL) employers are prohibited from discrimination based on “disability.” A disability under the law is a “physical, mental, or medical impairment” and in the employment context, discrimination is prohibited only if “upon the provision of reasonable accommodations,” the employee can perform the job at issue “in a reasonable manner.” If you feel you are being treated unfairly due to your weight it’s best to speak with a New York employment lawyer as soon as possible

New Jersey Sexual Harassment Lawyers

OVER

$200+ MILLION

recovered for our employment law cases

Sexual harassment in the workplace can make you feel powerless, but you have rights in New Jersey. New Jersey law protects employees from sexual harassment and provides remedies when it does occur. The experienced New Jersey sexual harassment attorneys at Joseph & Norinsberg have over 20 years of experience and a 90 percent success rate advocating for victims of workplace harassment and discrimination. We will listen to you, investigate your claim, and fight relentlessly to get you the justice you deserve.

Joseph & Norinsberg believe that every New Jersey worker deserves fair treatment and a welcoming work environment free from sexual harassment. Our passionate employment lawyers fiercely protect the rights of employees and refuse to give up on a case until justice is served. We embrace challenges and are not afraid to take on even the toughest sexual harassment cases that other law firms avoid.

Table of Contents

Why Choose Joseph & Norinsberg as Your New Jersey Sexual Harassment Lawyer
Understanding Sexual Harassment in New Jersey
Rights of Sexually Harassed Victims in New Jersey
Remedies and Potential Outcomes in NJ Sexual Harassment Claims
Contact Our New Jersey Sexual Harassment Attorneys Today

Why Choose Joseph & Norinsberg as Your New Jersey Sexual Harassment Lawyer

We have extensive knowledge of the constantly evolving federal and New Jersey employment laws and a deep understanding of their real-world impact on workers. We fiercely protect the fundamental rights of New Jersey workers, ensuring fair treatment and a safe, welcoming work environment free from sexual harassment. We fight tirelessly for every client, refusing to give up until justice is served. We embrace challenges and tackle the toughest cases that other lawyers avoid.

With a relentless work ethic, exceptional trial skills, and empathy, our dedicated attorneys provide support every step of the way. If you’ve experienced sexual harassment, we will listen, investigate, and, if you have a case, fight relentlessly for the justice you deserve.

We are not afraid of any case, big or small, and our reputation speaks for itself. Senior partners Bennitta Joseph and Jon L. Norinsberg recently filed a $15 million dollar lawsuit in Sussex County Superior Court on behalf of six former employees of the Mohawk House Restaurant in Sparta, New Jersey, alleging sexual abuse, harassment, discrimination, and retaliation.

Our Clients Have Given Us a Five-Star Rating

We are proud of our 5-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family; they often stay in touch with us long after their cases are resolved. We regularly receive unsolicited client testimonials such as the following:

“Bennitta is an amazing attorney. If you have a sexual harassment case…she’s your go-to attorney! Very responsive, answers all your questions in a timely manner, makes sure you’re very informed on what you’re getting into & what the possible outcomes are.”

Nigel A.

Our Sexual Harassment Case Results:

Our attorney, John Meehan, successfully represented a client who was sexually harassed and physically assaulted by her supervisor. We secured a substantial $750,000 settlement, providing compensation for the client’s lost wages, emotional distress, and the harm caused by the physical assault.
We obtained a $395,000 settlement for a group of dance bar employees in New York who alleged wage violations, gender-based discrimination, sexual harassment, and retaliation.
Bennitta Joseph secured a $1.35 million settlement with an international luxury brand.

If you have suffered sexual harassment at work, New Jersey law provides protections. Read on to learn more about your rights and legal options.

Understanding Sexual Harassment in New Jersey

Sexual Harassment is a form of sex discrimination that violates federal employment discrimination law, Title VII of the Civil Rights Act of 1964. New Jersey also has strong laws prohibiting sexual harassment in the workplace. The New Jersey Law Against Discrimination prohibits unlawful employment discrimination, including sexual harassment. While the federal law only governs employers with 15 or more employees, the NJLAD applies to all employers in the Garden State.

The NJLAD bans both quid pro quo and hostile work environment harassment. Quid pro quo sexual harassment occurs when someone in a position of authority demands sexual favors in exchange for a favorable employment action or with the threat of an unfavorable action. For example, a supervisor promises an employee a promotion if they go on a date.

Favorable job actions include raises, promotions, favorable work schedules, and excellent performance reviews. Unfavorable employment actions include termination, demotion, transfers, and poor performance reviews.

Hostile work environment harassment involves unwelcome sexual conduct that unreasonably interferes with your work performance or creates an intimidating or offensive work environment. Some examples include the following:

Making frequent sexual comments, jokes, or gestures
Displaying sexually explicit images in the workplace
Unwanted touching or groping
Using sexually demeaning nicknames

This unwelcome behavior becomes illegal sexual harassment when it is severe or pervasive enough to alter the terms and conditions of employment. Victims can be of any gender.

Rights of Sexually Harassed Victims in New Jersey

The New Jersey Division on Civil Rights enforces the Law Against Discrimination and investigates complaints of workplace sexual harassment. Victims must file a formal complaint with the division within 180 days of the most recent harassing incident.

The Division on Civil Rights also offers alternative dispute resolution options, including mediation or settlement conferences, to resolve sexual harassment cases outside the courtroom.

New Jersey law prohibits employers from retaliating against employees who report sexual harassment. It is illegal for an employer to demote, fire, cut hours, or take other adverse action against someone who has filed a sexual harassment complaint. Victims have the right to sue for retaliation, as well.

Remedies and Potential Outcomes in NJ Sexual Harassment Claims

If you have experienced sexual harassment at work, a New Jersey employment lawyer can help you seek compensation and justice by negotiating a settlement or filing a lawsuit.

Potential remedies available include the following:

Financial compensation for lost wages, diminished earning capacity, back pay, and punitive damages in some cases
Reinstatement to your job if you were fired
Policy changes like sexual harassment training to prevent future misconduct

With experienced legal representation, victims can recover significant financial compensation, force corrective action, and take back power in their lives.

Contact Our New Jersey Sexual Harassment Attorneys Today

We devote our practice exclusively to representing employees in workplace law matters like sexual harassment. Our experienced New Jersey sexual harassment attorneys offer:

Deep knowledge of employment law: Employment law is highly nuanced and constantly evolving. We focus exclusively on employee rights cases, so you get the knowledgeable legal representation you need.
Resources and experience to take on large companies: We are not afraid of corporations and have the litigation skills to win.
Understanding of harassment’s emotional toll: We know these cases turn lives upside down, so we provide empathetic representation to each and every client.
Tenacious commitment to every client: We will work tirelessly to investigate your claim and build the strongest case possible. When other law firms are at the end of their rope, we tie a knot and keep fighting to get you justice.
Legal services in English and Spanish: We want to make the legal process accessible to all clients.
Proven results: Our track record of multimillion-dollar verdicts and settlements shows we get justice.
Stellar record of client satisfaction: See what our clients have said about working with our compassionate legal team.

“Injustice anywhere is a threat to justice everywhere. We are dedicated to confronting injustice and sexual harassment through compassionate legal representation and tireless advocacy.”

– Bennitta Joseph, Managing Partner

Don’t suffer in silence over sexual harassment for another day. The sooner you contact the dedicated attorneys at Joseph & Norinsberg, the sooner we can investigate your claim and advise you of your rights and options. We are here to listen and support you.

Call 212-227-5700 or contact us online today to schedule a free consultation with our NJ sexual harassment attorneys.

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Call us at (212) 227-5700

CLIENT TESTIMONIALS

"Very attentive and responsive firm. Their attention to detail and knowledge of discrimination is very assuring. Recommend highly."

"Experts in discrimination law - highly recommend."

"Great firm and quality service. Highly recommend them for discrimination and wage issues."

"Very attentive and patient professionals. They’re a must for discrimination and pay issues in the workforce."

Our Discrimination Law Case Results

$3 MILLION

Increased client’s severance for being discriminated against for their disability.

$1.35 MILLION

Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.

$1.25 MILLION

Race discrimination case against a luxury brand in the fashion industry (confidential).