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, 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. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.
The Millburn plaintiff must additionally be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Millburn Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Millburn attorney will be knowledgeable of the requirements for your particular location. An experienced New Jersey lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.