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 Fair Haven plaintiff must also 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 Fair Haven Lawyer Help with My Claim?

Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Fair Haven lawyers will be familiarized with the requirements of your geographical region. A good New Jersey attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.