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, 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.
To be successful in a racial discrimination claim, the Hoboken employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Hoboken Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so a Hoboken lawyer will help familiarize you with the requirements for your district. A good New Jersey attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.