Derek Smith Law Group / Employment Law / Color Discrimination / Color Discrimination Attorney New Jersey

Color Discrimination Attorney New Jersey

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What Is Discrimination Based on Color In New Jersey?
Different Types of Workplace Discrimination Cases We Handle:

Color Discrimination in the workplace in New Jersey is when an employee or job applicant has been harassed or treated unfairly because of the color of his or her skin. The law prohibits employers, their staff, and clients or vendors in New Jersey from denying a job applicant a job, wrongfully terminating an employee, reducing pay, denying benefits, harassing, denying a job assignment, laying off an employee, denying an employee or job applicant training, or committing any other type of unfair action against an employee or job applicant because of his or her skin color. Derek Smith Law Group has spent the past 25 years working diligently to help clients in New Jersey combat issues such as color discrimination in the workplace while helping these clients receive the justice they deserve.

What Is Discrimination Based on Color In New Jersey?

Color discrimination in the workplace is when an employee or job applicant is treated unfairly or harassed by his or her employer, co-worker, supervisor, or a person associated with his or her company because of the color of his or her skin. The person committing color discrimination may be of the same or different color or race as the victim. Color discrimination is simply discrimination against a person because they are too light, too dark, or some mixture of both. It does not relate to race, nationality, or culture.

How Can I Prove Color Discrimination in the Workplace?

In order to prove color discrimination in the workplace in New Jersey, you must prove that you were singled out due to the color of your skin. This can be done through direct evidence, wherein it was said or overheard that an employee or job applicant was treated unfairly because of his or her skin color. This could also be shown through the receipt of an email or any other written or verbal communications that directly state an action was taken because of a person’s skin color.

This can also be done thorough showing actions as perceived to be due to skin color. For instance, an employee was wrongfully terminated while a person of a different skin color was not fired, even though the job performance was the same.

Another example would be when a person is not given a promotion while still given the extra work, while an employee of a different skin color is given a promotion without being given the extra work. Finally, you may find that the policies and procedures of the firm are discriminatory. For instance, there may be a policy that light-skinned people can only handle certain clients because those clients do not like to work with darker-skinned people. Even policies that state the client is always right, even when it comes to actions that may discriminate against particular employees are discriminatory and can be used as evidence.

What Are Some Examples of Color Discrimination in the Workplace?

Color discrimination in the workplace can be blatantly obvious or very well veiled. Some examples of color discrimination include:

Jokes about darker or lighter-skinned people
Creating a hostile work environment for people with certain skin colors
Wrongful termination of a person due to skin color
Retaliation against a person who complains to HR about discrimination based on color
Comments about a preference for specific skin colors
A culture of hiring or not hiring people based on skin color
Stating a co-worker would not like an event because of his or her skin color
Making stereotypical comments regarding skin color
Refusing to put a person on a client project because the client would be uncomfortable with a person of that skin color
Using derogatory phrases regarding skin color
Denial of promotion or raise due to skin color.

These are only a few examples of how color discrimination can present itself in the workplace. However, there are many ways in which color discrimination can be seen.

What Is the Statute of Limitations for a Color Discrimination Claim in New Jersey?

When you file a claim under Title VII of the Civil Rights Act of 1964, you must file with the Equal Employment Opportunity Commission (EEOC). In New Jersey, the EEOC sets the time limit of 300 days from the date of the last incident to file your claim. Once the claim is filed, the EEOC will investigate and issue a Right to Sue Letter if enough evidence is found to allow you to sue your employer for Color Discrimination.

The New Jersey law, LAD, will allow an employee or job applicant to file a complaint with the New Jersey Division of Civil Rights within 2 years of the date of the last incident of discrimination.

What Remedies Are Available to a Victim of Color Discrimination in New Jersey?

As a victim of color discrimination in the workplace, you are entitled to justice. Justice comes in many forms, all of which can be relief offered by the court. Some of these remedies include:

Lost wages
Future wages
Reinstatement of employment
Firing or relocating supervisor or employee responsible for discriminatory actions
Attorney fees
Reimbursement of related medical expenses
Reimbursement of benefit premiums
Pain and Suffering

Punitive damages are usually damages intended to punish the employer for these acts. These damages can be determined based on the gross profits of the employer, the nature of the discrimination, and whether the employer is a first-time offender.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

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How Long Will the Litigation Take to Be Resolved?

Lawsuits for employment color discrimination can take anywhere from a few months to 1 to 2 years to be resolved. If your evidence and case are strong and convincing, your employer may wish to settle the case as quickly as possible. Therefore, the process can take as little as 4 to 6 months to reach a settlement and close the case. However, if your employer will not settle for any reason, then you may have to go to trial. The trial can take anywhere from a few months to 1 to 2 years to resolve.

What Should I be Doing Now?

If you are the victim of age discrimination in your workplace in New Jersey, you want to do everything you can to help your case along. Since you are reading this page, you are looking for what you can do right at this moment to get the ball rolling. Here are some tips to help you start the process:

If you have not left your job or been fired, do not quit. Quitting your job at this point will hurt your case.
Begin gathering evidence. Document every incident as it occurs. Note who was involved, what occurred, the date and time it occurred, and even who witnessed the event.
If your company has an HR department, report the color discrimination to them immediately.
If your company has policies and procedures for reporting discrimination, follow it. While this may not make the situation any better at work, it will help your case that you followed proper protocol.
Contact a color discrimination attorney immediately.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact our experienced New Jersey Color Discrimination Attorneys for Your Free Consultation

Contact us if you have any questions about your color discrimination case in New Jersey? We believe in helping people who have been the victim of color discrimination in the workplace.

Working in a hassle-free environment is a right, not a privilege. Call the Derek Smith Law Group at (973) 388-8625 today or fill out our free contact form for your free consultation.

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