In New Jersey, racial discrimination is banned 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.

In order to succeed on a claim for racial discrimination, the Cliffside Park plaintiff must additionally show that their employer intended to base the discrimination on race or nationality. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.

How Can a Cliffside Park Lawyer Help with My Claim?

Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Cliffside Park lawyer will help familiarize you with the requirements for your district. A New Jersey lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.