In New Jersey, racial discrimination is banned under both the U.S. Constitution and Title VII of the U.S. Code. Employers may not take race into account according to these laws when hiring or recruiting workers, or when determining wages and promotion offers.

What Must Be Proven in a Discrimination Claim?

The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the authority to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.

In order to succeed on a claim for racial discrimination, the Caldwell plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.

How Can a Caldwell Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Caldwell attorney will be knowledgeable of the requirements for your particular location. Additionally, a New Jersey attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.