Employment
Discrimination
Koufos & Norgaard, LLC, handles employment discrimination
cases against some of the largest corporations and
agencies doing business in New Jersey. In fact,
our firm provides legal counsel to the NAACP
Metuchen-Edison Area Branch and its members
in many discrimination matters. Our firm will assist
you in filing discrimination charges with the Equal
Employment Opportunity Commission (EEOC), the federal
agency in charge of enforcing employment discrimination
laws.
The EEOC enforces the following Federal laws:
- Title VII of
the Civil Rights Act of 1964 (Title VII): Title
VII prohibits employment discrimination based
on race, color, religion, sex, or national origin;
- Equal Pay Act
of 1963 (EPA): The Equal Pay Act protects
both men and women who perform substantially equal
work in the same establishment from sex-based wage
discrimination;
- Age Discrimination
in Employment Act of 1967 (ADEA): The ADEA
applies to individuals who are 40 years of age or
older;
- Title I and Title
V of the Americans with Disabilities Act of 1990
(ADA): These laws prohibit employment discrimination
against qualified individuals with disabilities
in both the private sector, and in state and local
governments;
- § 501 and
§ 505 of the Rehabilitation Act of 1973:
These laws prohibit discrimination against qualified
individuals with disabilities who work in the federal
government;
- Civil Rights
Act of 1991: This law covers many aspects of
discrimination and provides monetary damages in
cases of intentional employment discrimination.
There are rigid time requirements
to file a charge of discrimination, so you should contact
an attorney if you believe you have been the victim
of employment discrimination. Our firm will prepare
and file the charge for you. We will also guide you
through the mediation and investigation stages of the
process. If the EEOC determines that probable cause
of employment discrimination exists, a conciliation
hearing is scheduled. If the matter does not settle,
EEOC will typically issue a "Right to Sue Letter."
Once a Right to Sue Letter is issued, a formal Complaint
in the United States District Court may be properly
filed.
In addition,
Koufos & Norgaard, LLC, handles:
- Sexual Harassment:
Sexual Harassment can come in many forms, so it
is important for a victim to be aware of the context
and substance of the sexually or gender-based comments
or situations. Anyone who believes they are a victim
of sexual harassment should immediately contact
an attorney and make a diary of all of the events
and acts that he or she believes are sexually based.
They should also notify their immediate supervisor
after making the diary. If the situation is not
rectified, or if the employee is retaliated against
he or she should notify their attorney to institute
the proper protective procedures.
- Conscientious
Employee Protection Act (CEPA):
CEPA, commonly called the "Whistleblower Law",
provides protection from retaliation for employees
who (1) disclosed, or threatened to disclose, to
a supervisor or public body an activity, a policy
or practice of the whistleblower, or of another
employer with which defendant has a business relationship,
that the whistleblower reasonably believed to be
in violation of a law, rule or regulation promulgated
pursuant to law; OR (2) provided information
or testimony to a public body conducting an investigation,
hearing or inquiry into any violation of a law,
rule or regulation promulgated pursuant to law,
by the defendant or by another employer with which
the defendant has a business relationship; OR
(3) objected to or refused to participate in any
activity, policy or practice which the whistleblower
reasonably believed:
(a) is in violation of a law, a rule or regulation
promulgated pursuant to law;
(b) is fraudulent or criminal; or
(c) is incompatible with a clear mandate of public
policy concerning the public health, safety and
welfare or protection of the environment.
Civil Rights
Koufos & Norgaard, LLC, also represents individuals
whose civil rights have been infringed upon by private,
federal or state actors. To that end, our firm has
filed lawsuits and Notices of Claims in cases involving
police brutality, excessive force, and governmental
misconduct, as well as local government actions against
municipal bodies, such as school boards. Civil Rights
actions are also an effective tool against vague,
arbitrary and otherwise unconstitutional Ordinances
and laws. Civil Rights actions generally fall within
the New Jersey Tort Claims Act (Title 59), 42 U.S.C.
§ 1983, and the United States and New Jersey
Constitutions.
To successfully sue
New Jersey State Agencies, including law enforcement
agencies, Plaintiffs are required to file a Notice
of Claim detailing the act and actors they allege
caused their injuries. Title 59 requires that a Notice
of Claim be filed with the agency that caused the
alleged harm within ninety (90) days of the date of
the act. Therefore, it is essential to contact an
attorney immediately after you are injured to ensure
that you do not miss the statutory filing deadlines.
Once a Notice of Claim is filed, the agency then has
six months to investigate the substance of the Claim
and, if possible, settle the matter. After the expiration
of six months the filing party may bring a formal
lawsuit in the New Jersey Superior Courts.
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