In New Jersey, racial discrimination is illegal under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, deciding wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Gloucester plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Gloucester Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Gloucester attorney will be knowledgeable of the requirements for your particular location. An experienced New Jersey lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.
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