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.

To be able to prove a claim of racial discrimination, the New Providence plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.

How Can a New Providence 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 New Providence 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.