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 Kearny employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Kearny Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Kearny lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a New Jersey lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.