Legal Question in Business Law in New Jersey

Discrimination?

In applying for internal positions at my company, I think I'm being discriminated against because I'm single and have a quiet personality. These seem to be the only traits differentiating me from other applicants who, as far as I can tell (and I work with them closely), are less qualified and have less experience. I've read that single people generally earn less than everyone else, and I'm beginning to believe that it is because of workplace discrimination. Is this legal? For a while I've been blaming myself, but now I'm starting to wonder whether I'm really the one who's to blame. I'd appreciate any thoughts on this.


Asked on 9/16/04, 12:55 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Discrimination?

If you think that you might be the victim of illegal discrimination based on your marital status, it would be worth consulting with an attorney to provide more details. Your question does not provide any specific information about why you think you may be the victim of illegal discrimination.

As far as your "personality" goes, as long as the personality "trait" is not in a legally-protected category, your employer is permitted to evaluate you and include personality characteristics. For example, a car salesman with a "quiet" personality might not be the best "fit" for a sales job, and this might show itself in poor performance. Similarly, an employer would be justified in taking into account a customer service representative's "obnoxious" personality in deciding whether to promote, or retain, that employee.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/16/04, 8:12 am


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