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Race discrimination in New Jersey involves treating a job applicant or employee unfavorably based on their race. Race is a group of people joined together by physical characteristics, such as hair texture, facial features, bone structure, eye shape, skin color, etc.
It is illegal for an employer, co-worker, supervisor, or business associate to treat an employee or job applicant unfairly or harass him or her because of race or color.
If you have been victimized by racial discrimination in the workplace, you need an attorney that specializes in helping you get the justice you deserve.
For over 25 years, the experienced race discrimination attorneys at the Derek Smith Law Group in New Jersey have helped victims of race discrimination in the workplace get the justice they so rightly deserve.
Race is defined as a group of people based on physical characteristics, such as facial features, eye shape, bone structure, hair texture, etc. Race discrimination in the workplace is a hostile work environment or harassment based on a person’s race. No race is immune from race discrimination and discrimination can occur between people of the same races or between people of different races. Some of the issues that are included in race discrimination include:
Whether a person is white/Caucasian, black/African American, Asian American, Hispanic/Latino, Middle Eastern, or any other race, he or she could be victimized by workplace racial discrimination.
Race discrimination in the workplace can be blatantly obvious or so subtle you can miss it altogether. However, for anyone being targeted for their race, it is very clear this is what is being experienced. Here are a few examples of race discrimination in the workplace in New Jersey:
When discussing discrimination of any type, there is a federal law, Title VII of the Civil Rights Act of 1964, which protects a person from workplace discrimination based on any number of protected classifications, including race in businesses with 15 or more employees. The Equal Employment Opportunity Commission is the governing body for this law and helps to ensure lawsuits are filed in federal court for discrimination because they belong in federal court and the lawsuit violated Title VII.
However, New Jersey has its own set of anti-discrimination laws as well. The New Jersey Law Against Discrimination (LAD) protects New Jersey employees from workplace discrimination in businesses with any number of employees. The New Jersey Division of Civil Rights (DCR) is the governing body for the state law and works to ensure that such lawsuits are properly filed in the state court.
When discussing discrimination of any type, there is a federal law, Title VII of the Civil Rights Act of 1964, which protects a person from workplace discrimination based on any number of protected classifications, including race in businesses with 15 or more employees. The Equal Employment Opportunity Commission is the governing body for this law and helps to ensure lawsuits are filed in federal court for discrimination because they belong in federal court and the lawsuit violated Title VII.
However, New Jersey has its own set of anti-discrimination laws as well. The New Jersey Law Against Discrimination (LAD) protects New Jersey employees from workplace discrimination in businesses with any number of employees. The New Jersey Division of Civil Rights (DCR) is the governing body for the state law and works to ensure that such lawsuits are properly filed in the state court.
There are three different categories of evidence that can help you prove race discrimination: Direct; Disparate; and Policy.
Direct evidence is when an employee or job seeker is told intentionally or unintentionally through verbal or written communication that he or she was treated unfairly because of race. This can also include receiving emails with racial jokes or hearing racial jokes and/or comments, including racial slurs.
Disparate evidence are actions taken against an employee or job applicant that can be linked to racial discrimination. For instance, showing that you, a black job candidate, was not hired but instead a white job candidate with less experience and who is not nearly as qualified was hired instead. This can also include things like refusing you to use public accommodations or wrongful termination based on race.
Policy evidence is showing that some or all policies are unfavorable towards a specific race. For instance, a policy that says that a woman’s head cannot be shaved or closely cropped unless there is a medical reason is directly derogatory towards African American women who choose to wear their hair in a natural hairstyle.
To file a claim under Title VII, you must file it with the Equal Employment Opportunity Commission (EEOC). The EEOC provides a time-limit of 300 days to file your claim.
From there, the EEOC will investigate your claim and issue a Right to Sue letter so you can file your complaint in federal court. If you wish to file a complaint under LAD, you must file with the NJDCR, the time limit is 2 years from the date of the last incident of race discrimination.
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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
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Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
When a person files a race discrimination case in New Jersey or Federal Court, the goal is to be compensated for your experience. The job of your attorney is to petition the courts to make sure you receive the proper justice, both financially, and if warranted, through re-employment:
(damages to punish the employer for the behavior. This is based on the egregious nature of the actions, the gross profits of the company, and whether the employer has acted int his manner in the past)
The legal process is complicated. There is no set time for a race discrimination lawsuit to settle in New Jersey. Typically, the process can take anywhere from 4 to 6 months to 1 or more years from the date you receive your Right to Sue letter.
If your employer (or the defendant) is willing to offer a fair and agreeable settlement, the case can be over very quickly. However, if the defendant refuses to offer any fair settlement in negotiations, the case will likely go to trial, which can take several months to prepare and then anywhere from a few days to a few weeks to try your case in the courtroom and receive a verdict.
If you are the victim of workplace race discrimination in New Jersey, it is best to be proactive before filing your claim. Here are a few tips to follow to help your case:
An employee or job applicant has the right to be free from race discrimination in the workplace that affects decisions regarding hiring, firing, promotions, compensations, training, benefits and any other employment decisions.
If you are the victim of race discrimination in the workplace, the experienced attorneys at Derek Smith Law Group in New Jersey can help. Contact us at (973) 388-8625 for a free consultation. We do not collect any compensation until your case is won.
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