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, 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.

To be successful in a racial discrimination claim, the Hudson County employee must also show that their employee had the required intent to discriminate based upon the person's race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.

How Can a Hudson County 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 considerably in this area of law depending on where you file your claim, and local Hudson County 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.