In New Jersey, racial discrimination is prohibited 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. Race discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Newark plaintiff further needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Newark Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so a Newark lawyer will help familiarize you with the requirements for your district. A New Jersey lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.