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. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.
The Montclair plaintiff must also 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 Montclair 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. Laws governing the procedures in discrimination will vary widely depending on where the claim is filed, and Montclair attorneys will be able to help you with the requirements for your particular region. A New Jersey lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.