Race Discrimination Attorney New Jersey

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:

• Color
• Culture
• National Origin
• Physical Features
• Clothing
• Food
• Inter-racial relationships

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:

• Consistent comments that include racial slurs
• A culture of unwanted comments about race and picking on people for their race
• Not hiring a person based on race
• Wrongful Termination of a person based on race
• Piling on extra work but not giving the promotion to the employee based on race
• Refusing to give a pay raise to an employee based on race, even though he or she deserves the raise
• Refusing to put an employee on a project because of his or her race
• Layoffs of people of a certain race
• Joking about a person in an interracial marriage
• Refusing benefits to employees because of their race
• Retaliating against an employee for complaining about racial discrimination
• Segregating groups of workers based on race
• Denying use of public accommodations to job applicants or employees due to race
• Denying an employee the right to wear certain clothing that is an expression of their race or culture
• Jokes about race
• Unequal payment for people of different races

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.

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:

• Re-instatement of your job
• Reimbursement of back pay
• Reimbursement of forwarding pay (calculation of the money you would have earned if still employed)
• Reimbursement of medical expenses
• Reimbursement of benefit premiums
• Attorney’s fees
• Payment for pain and suffering
• Punitive damages (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:

• If you have not been fired or quit your job, do not quit. Quitting will hurt your case.
• If your company has an HR department, file a complaint about racial discrimination.
• If your company has a policy that addresses workplace race discrimination, follow the guidelines outlined in the policy. Showing that you followed the proper procedures before filing your lawsuit will benefit your case.
• Gather evidence. Document everything you can. Write down every incident of race discrimination. Include what was done, who was involved, when and where it occurred, and who witnessed the acts.

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.