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, determining 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 matter to court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.

In order to succeed on a claim for racial discrimination, the Cresskill plaintiff must also prove that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.

How Can a Cresskill Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Cresskill lawyer will help familiarize you with the requirements for your district. An experienced New Jersey lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.