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 Livingston employee must also show that their employee had the required intent to discriminate based upon the person's race. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Livingston Lawyer Help with My Claim?
In some instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Livingston lawyer will be familiar with requirements in your area. Also, a New Jersey attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.