Filled through a staffing agency or temp agency

Limited in duration, such as a few weeks or months

Lacking traditional benefits like paid time off or health insurance

Pregnancy Discrimination: What It Looks Like

They’ve experienced a pregnancy-related condition

They’ve taken maternity or medical leave related to pregnancy or childbirth

Being let go early after revealing you’re pregnant

Not being assigned to a job after disclosing a pregnancy

Being denied light duty or schedule accommodations

Receiving fewer hours after returning from leave

Being asked inappropriate questions during interviews (e.g., “Are you planning to have a baby?”)

NJ Law Protects Temp Workers from Pregnancy Discrimination

1. New Jersey Law Against Discrimination (NJLAD)

Employers must treat pregnant workers the same as others with similar ability or limitations.

Pregnant workers must be provided reasonable accommodations, such as breaks, modified schedules, or temporary reassignment.

Employers cannot retaliate against someone for requesting accommodations or taking pregnancy-related leave.

2. New Jersey Pregnant Workers Fairness Act

Provide reasonable accommodations for pregnancy-related needs

Avoid forcing pregnant employees to take leave if other accommodations are available

Not penalize workers for <a href="/blog/navigating-pregnancy-accommodation-requests-at-work-in-nj">requesting pregnancy accommodations at work</a>

The Americans with Disabilities Act (ADA)

Has worked at least 12 months (and 1,250 hours)

Common Forms of Pregnancy Discrimination in Temp Jobs

Who’s Responsible — the Temp Agency or the Host Company?

Retaliation for asserting pregnancy rights

How to Protect Yourself as a Pregnant Temp Worker

Contact Us for Legal Advice and a Free Consultation

Temporary Positions and Pregnancy Discrimination: NJ Law Explained

What Counts as Racial Discrimination at Work?

Discriminatory hiring, firing, or promotion decisions

Racial slurs, jokes, or offensive comments

Being overlooked or excluded based on race

Biased discipline or performance evaluations

Proving Racial Discrimination: It’s Not Always Obvious

Types of Witnesses in Racial Discrimination Claims

Direct knowledge of the events (they saw or heard it themselves)

Lack of bias or personal interest in the outcome

Willingness to sign a written statement or testify under oath

What a Good Witness Statement Should Include

Specific — detailing what was said or done, not just general impressions

Factual — sticking to what they saw, heard, or directly experienced

Dated — with an approximate timeline of events

Signed — or clearly attributed to a willing individual

Using Witness Statements in a Legal Claim

File a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a>

Strengthen your position during settlement negotiations

How Witness Statements Impact Racial Discrimination Claims in NJ

What Is a False Whistleblower Accusation?

What the Law Actually Protects: The “Reasonable Belief” Standard

Had a reasonable belief that your employer’s conduct was illegal, fraudulent, unethical, or violated public policy

Disclosed or threatened to disclose the wrongdoing to a supervisor or public body

Refused to participate in the unlawful activity

Participated in an investigation or legal proceeding

Common Forms of Retaliation Framed as “False Allegations”

Being accused of filing a “baseless” or “malicious” report

Getting written up for minor or previously ignored infractions

Sudden poor performance reviews after years of positive feedback

Demotion, suspension, or termination for “insubordination” or “dishonesty”

Being labeled as a “troublemaker” to other staff or clients

Legal Protections Under the New Jersey Conscientious Employee Protection Act (CEPA)

Violating public health, safety, or welfare

How Employers Try to Undermine Whistleblower Claims

Steps to Take If You’re Accused of Making a False Whistleblower Claim

1. Don’t Retaliate or Engage Emotionally

Any disciplinary actions or behavior changes afterward

Witnesses who may support your version of events

3. Preserve Evidence of Your “Reasonable Belief”

Conversations or instructions you received

Represent you in front of the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">Division on Civil Rights</a> or in court

Fight for compensation if you’ve suffered retaliation

When Your Employer Accuses You of False Whistleblower Claims in NJ

What Is Passive-Aggressive Behavior at Work?

Backhanded compliments like “You’re surprisingly good at that”

Sabotaging someone’s work behind the scenes

“Forgetting” to include someone in important meetings or emails

Publicly praising, then privately criticizing someone

Isolation or exclusion from work opportunities

Sabotage of work performance or advancement

It can be dismissed as a “personal conflict”

The behavior can appear professional on the surface

There’s fear of retaliation for speaking up

When Does Passive-Aggressive Behavior Become a Legal Issue in NJ?

1. Discrimination Based on Protected Traits

Create an intimidating, hostile, or offensive work environment, and

Interfere with your ability to perform your job

Evaluate whether the behavior violates NJLAD or CEPA

Help you file a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> or <a href="https://www.eeoc.gov/">EEOC</a>

File a lawsuit, if necessary, to protect your rights

Subtle Behavior Can Still Be Harmful — and Illegal

Handling Passive-Aggressive Behavior at Work: Legal Options in NJ

Understanding Sexual Harassment: Gender Doesn’t Matter

What Sexual Harassment Looks Like for Male Victims

Requests for sexual favors in exchange for work benefits

Physical contact such as touching, hugging, or brushing against someone unnecessarily

Sexual jokes or innuendos directed at you

Discussions of sexual experiences meant to make you uncomfortable

Sharing of inappropriate photos or messages

Being mocked for being “too sensitive”

Being bullied for not fitting traditional male roles

Being targeted because you’re a man in a female-dominated workplace

Legal Protections for Male Victims in New Jersey

Prohibits hostile work environment and quid pro quo harassment

What Counts as Illegal Sexual Harassment?

What to Do If You’re a Male Victim of Sexual Harassment in NJ

The <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a>

The <a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a>

You Deserve Respect and Legal Protection — No Matter Your Gender

Male Victims of Workplace Sexual Harassment: Rights and Legal Options in NJ

Reporting financial fraud or embezzlement

Complaining about unsafe working conditions

Refusing to participate in illegal business practices

Speaking out against environmental law violations

The Conscientious Employee Protection Act (CEPA)

Temporary or contract workers (in many cases)

Disclose or threaten to disclose illegal activity to a supervisor or public body.

Refuse to participate in activities they reasonably believe are illegal, fraudulent, or against public policy.

Provide information or testimony in an investigation, hearing, or lawsuit.

Common Examples of Whistleblower Activity in NJ

A nurse reports that hospital staff are falsifying patient records.

An accountant refuses to manipulate financial statements at a company’s request.

A retail worker complains about unsafe working conditions or lack of proper protective equipment.

An employee at a government agency alerts the media to wasteful or fraudulent practices.

A warehouse worker raises concerns that management is violating OSHA regulations.

How to Prove a Whistleblower Retaliation Claim in NJ

You engaged in a protected activity. For example, you reported or refused to participate in something you reasonably believed was illegal or harmful.

Your employer knew about it. You need to show that the employer was aware you engaged in the protected activity.

You suffered retaliation. Something changed for the worse after your report — like termination, demotion, or harassment.

There’s a causal link. You must show that your whistleblowing was the reason for the employer’s negative action.

Can You Still Be a Whistleblower Anonymously?

Stand Up, Speak Out, and Know Your Rights

Whistleblowing and Wrongful Termination: Your NJ Rights

What Is Severance — and Why Do Employers Offer It?

Enforce non-disclosure or non-disparagement clauses

Smooth the transition for the departing employee

Steps to Take Before Signing a Severance Agreement

2. Understand What You're Being Asked to Give Up

Waiver of legal claims (you can’t sue later)

Non-disparagement clauses (you can’t speak negatively about the company)

Amount of severance pay (weeks or months of salary)

Health insurance continuation (<a href="https://www.dol.gov/general/topic/health-plans/cobra">COBRA</a> or employer-covered)

Tips for Negotiating Severance After a Performance-Based Firing

2. Acknowledge Their Position — But Present Your Own

The stress of transition without financial support

More severance weeks (especially if you’ve worked there for years)

Removal or softening of non-compete clauses

You have potential claims of illegal treatment.

You were treated differently from others fired for similar reasons.

Negotiating Severance After a Performance-Based Termination in NJ

Skip providing benefits (like health insurance or paid leave)

Avoid paying into unemployment or workers' compensation

Employees pay 7.65% of their wages in payroll tax.

Contractors pay the full 15.3% on their own.

You can’t deduct health insurance premiums your employer might have covered.

You lose access to employer-matched retirement accounts.

You may pay more for healthcare without access to group coverage.

New Jersey’s ABC Test: How the State Determines Worker Status

Denial of paid sick leave or family leave

Common Red Flags You’ve Been Misclassified

You work regular hours set by your employer.

You’re required to follow specific company rules or use company-provided tools.

You don’t have the ability to hire others or negotiate your own rates.

You do the same work as employees but without the benefits.

You receive a 1099-NEC instead of a W-2 at the end of the year.

What to Do if You’ve Been Misclassified in NJ

Demanding your employer pay their share of employment taxes

Filing for unemployment insurance or workers’ comp benefits

How Misclassification Affects Your Taxes in NJ

What Is Intersectionality — and Why Does It Matter?

Women of color being paid less than white women and white men for the same job.

Fewer promotions and bonuses awarded to Black or Latina women.

Asian women being stereotyped into certain roles and paid less, despite equal qualifications.

Employers using “neutral” policies that disproportionately impact women of color.

Key Protections Under the Diane B. Allen Equal Pay Act:

Equal pay for substantially similar work Employers must pay employees the same wage rate for work that is “substantially similar,” even if the job titles are different.

Covers all protected classes — not just gender Unlike the federal Equal Pay Act, New Jersey’s law covers discrimination based on race, gender, age, sexual orientation, disability, and other characteristics protected under NJLAD.

Multiple protected categories This is where intersectionality becomes important. If you're discriminated against because you're both a woman and a person of color, you're protected on both fronts.

No retaliation Employers cannot retaliate against employees who ask about pay, file a complaint, or assist in an investigation.

Back pay and damages Victims of pay discrimination can recover up to six years of back pay and treble (triple) damages if discrimination is proven.

White women earn approximately 81 cents for every dollar paid to white men.

Black women in New Jersey earn 80 cents per dollar compared to white women.

Latina women earn only 62 cents per dollar white men earned.

What “Substantially Similar Work” Really Means

Other bona fide factors (but not based on bias or assumptions)

Common Excuses Employers Give and Why They May Not Hold Up

“She didn’t negotiate her salary.” If negotiation norms disadvantage women of color, that’s a systemic problem — not a valid excuse under NJ law.

“We base pay on previous salary.” New Jersey law prohibits employers from asking about salary history, and using prior wages to justify a pay gap can reinforce discrimination.

“He has better leadership potential.” Subjective assessments can be biased. Employers must show objective, measurable reasons for pay differences.

“They took maternity leave.” Penalizing someone for taking protected leave under the law (like family or medical leave) is illegal.

What to Do if You Suspect Intersectional Pay Discrimination

Track your job duties, responsibilities, and any salary conversations.

Document the salaries, titles, and responsibilities of coworkers for comparison.

Save emails, evaluations, or communications related to your performance or compensation.

Raise the concern professionally and ask for clarification.

Keep a written record of all communications.

Consider comparing salaries using online resources or internal pay data if available.

Talk to trusted coworkers — <a href="/blog/is-it-legal-to-discuss-salaries-with-co-workers-in-nj">New Jersey law protects your right to discuss salaries</a>.

You can file a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> or the Equal <a href="https://www.eeoc.gov/">Employment Opportunity Commission (EEOC)</a>.

You may also have the right to sue directly under NJLAD.

An equal pay act lawyer in New Jersey can help you understand your rights and determine whether you have a case.

Legal counsel can help you to <a href="/blog/pay-transparency-laws-in-nj">understand pay transparency laws you should know</a>, assist with gathering evidence, negotiating with your employer, or filing a lawsuit if needed.

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