We filed a race, ethnicity and retaliation discrimination lawsuit filed against Matonee Inc., the parent company of Aptos Labs in the Superior Court of New Jersey, Hudson County.

Matonee operates Aptos Labs, a blockchain technology company located at 735 Emerson St, Palo Alto, California.

The Plaintiff is of Egyptian origin and a Muslim. He worked remotely from his home in New Jersey for Aptos Labs.   As set forth in the Complaint filed in court, the plaintiff alleged that in late 2023 several of his Jewish co-workers made certain comments in a post on Aptos slack channel seeking donations for the Israel Defense Force following the 2023 Hamas’ attack on Israel which he deemed dehumanizing and racists towards Muslims. The Plaintiff complained to management about these posts and was advised that all employees have a right to political expression.

The Plaintiff then made a similar post on Aptos slack channel seeking donations to support the people in Gaza during the war, but, according to the plaintiff, his post was met with  backlash from his Jewish co-workers

Subsequently, Aptos’ chief technology officer requested that both the plaintiff and his Jewish co-workers not engage in any further discussions on the Slack channel relating to the Israeli- Palestinian Conflict. However, the Jewish employees continued to post on the conflict, while plaintiff did not.

Later, several Jewish employees of Aptos travelled to Israel to connect with individuals for possible employment with Aptos.  Plaintiff requested similar outreach to potential employees in Muslim countries in the Middle East, but his request was denied by Aptos.

Subsequently, the plaintiff gave his superiors a written memorandum explaining the reasons the words and phrases used by his Jewish co-workers to describe 2023 Hamas attack were offensive to Palestinians civilians, who were not part of Hamas. Plaintiff alleged that after his superiors received this memorandum, they started to criticize his work performance and then placed him on a performance improvement plan (PIP). Two weeks later, Plaintiff was terminated. Plaintiff alleged that Aptos termination of him for “poor performance” was a pretext for complaining about unequal treatment because prior to his complaints about unequal treatment, he received good performance reviews.

The New Jersey Law Against Discrimination (NJLAD) prohibits an employer from discriminating against an employee on account of his/her race, ethnicity, national origin, age, gender, sex, religion, sexuality, as well as other factors.  The NJLAD applies to all employers who are located in New Jersey. The NJLAD also applies to out-of-state employers if they hire any New Jersey residents to work remotely from New Jersey.

While a private employer (as opposed to employees of governmental agencies) has the right to bar any employees from expressing political opinions at the workplace, if the employer elects to allow its employees to make political posts or comments on its internal message platform, it must allow all employees the same right, and cannot discriminate as to who is allowed to post based on age, race, sex, ethnicity, religion, etc.  Such an action constitutes outright discrimination in violation of the NJLAD.

Chatarpaul Law Firm, P.C. has been successfully representing clients for almost two decades in the New York and New Jersey areas, and we specialize in employment discrimination cases, as well as discrimination in non-employment settings, such as consumers and customers of banks, restaurants, retailers, auto dealerships and other businesses and institutions. We are committed to the relentless pursue of justice for our clients against any defendants, no matter how big they are.

If you are a victim of workplace discrimination or harassment, Kindly contact us at (201) 222-0123 or info@chatarpaullawfirm.com

You got employed just over a year ago. You were very excited to be part of the team and something larger than you. From the day of your employment, you have put in your best to make sure you move your company forward.

However, you have been feeling bad for the past week. You were due for a promotion, but your employer doesn’t seem to notice your hard work. All your peers got their promotion, but you got nothing.

You feel underappreciated, even sub-human, that your skill and effort did not get the compensation you deserve.

The above is something a lot of people have experienced at one point or the other. Getting treated badly in the workplace due to your trait which is unrelated to the performance of your job is employment discrimination, and it is a sad experience.

Not only is employment discrimination hell for the employee, it is also bad for the US economy as a whole, and even for the employer. The reason for this is not far-fetched. People who experience workplace discrimination are likely to be less productive, reducing your output for your employer and the United States at large.

Employment discrimination can be based on age, disability, pregnancy, race, color, sex, religion, sexual orientation, natural origin, etc. Federal law and most state laws prohibit any form of discrimination in any aspect of employment including hiring, firing, pay, promotions, job assignments, training, layoff, fringe benefits, and any other condition of employment.

Under employment and labor law, policies that apply to all employees may be illegal if they have a negative effect on a particular class of employees and is not job-related or necessary for the business’ operation.

The following are the various ways you might experience discrimination in the workplace, and why they are illegal.

Employment Discrimination based on color, race, or natural origin

Title VI and VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of color, race, or natural origin. An employer will be in violation of this law if it does any of the following:

• When the employer doesn’t hire an individual based on race, color, or origin.
• Discriminating against an employee concerning his compensation, privileges of employment, terms, or conditions because of his race, color, or origin.
• Segregate employees or job applicants into classes based on race where this segregation is going to deprive the individual of employment opportunities or adversely affect his status as an employee.

Employers are also not allowed to publish notices of employment where they state a preference for persons of a particular race or ethnicity.

Also, companies and organizations that receive Federal financial assistance from the Department of Health and Human Services, cannot on the basis of color, race or origin:

• Deny or modify services it provides to other employees.
• Use administrative methods that subject employees to discrimination.
• Select a location that denies people of a particular race benefits.
• Deny an employee the opportunity to participate in an advisory or planning board.

Employment Discrimination based on sex

The Equal Pay Act of 1963 prevents employers from discriminating on the basis of sex, especially in the payment of wages. In essence, each person should be entitled to equal pay for equal work, regardless of sex. However, sexual discrimination is not limited to wages, other forms include:

• Hiring: When an applicant is qualified but is denied the job role on the basis of sex.
• Firing: When a female employee is let go due to “cutbacks” but her male employees are allowed to remain on the job.
• Promotion: When a female employee who has been with the company for a long time is passed over for a promotion for a male counterpart with less experience.
• Job Classification: When a female employee is denied the right to a title that is typically given to a man with the same job role.
• Benefits: When a female employee is forced to use out of her sick and vacation days for maternity leave, while male employees get long-term disability plans if they sustain an injury.
• Training opportunities: Sending employees of a specific sex for a training that would help them enhance their job performance and productivity.

Employment Discrimination based on Age

The Age Discrimination in Employment Act protects workers above the age of 40 from discrimination. Employers are prohibited from:

• Refusing to hire or discharge an employee based on age.
• Offering different compensation, terms, or conditions of employment.
• Limiting, segregating, or classifying an employee in a way that would reduce his/her employment opportunities.

Employment Discrimination based on Disability

The Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act prevent the discrimination of qualified persons on the basis of disability. This applies to private and government positions. Examples of this type of employment discrimination include:

• Denying a benefit, aid, or service made available to other employees.
• Denying the employee of the opportunity to be a member of an advisory or planning board.
• Imposing eligibility criteria that automatically screens out people with disability, except where it is vital for the execution of that job role.

Employment Discrimination based on Religion

The Civil Rights Act of 1964 prohibits discrimination in firing, hiring, and other employment terms based on an employee’s belief or religious affiliation. The Act requires a company to make accommodation for the religious belief of an employee unless it would cause undue hardship for the company.

Employer Retaliation

Employees are protected from retaliation by their employer for filing a lawsuit or complaint against their employer. By law, when employees complain of discrimination, employers are prohibited from demoting, harassing, altering benefits, refusing promotion, forcing an unpaid leave of absence, terminating, or changing job assignment in retaliation.

Employees who suffer retaliation as a result of their complaint of discrimination may be entitled to additional damages.

Filing a lawsuit

Before an employee can file a lawsuit, he/she has to register a formal complaint with the U.S Equal Employment Opportunity Commission (EEOC).

The organization determines if there is a way to resolve the dispute between the employee and employer. If this fails, it could either bring an action on the employee’s behalf or give the employee a “right to sue” letter.

Make sure that you file charges within 300 days of the discriminatory act. Also, before you begin the lawsuit, get in touch with an employment discrimination lawyer.