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.
To be able to prove a claim of racial discrimination, the Newton plaintiff additionally 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 Newton Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Newton lawyer will be familiar with requirements in your area. 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.