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 successful in a racial discrimination claim, the Pequannock employee must additionally show that their employee had the required intent to discriminate based upon the person's race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.

How Can a Pequannock Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Pequannock lawyer will help familiarize you with the requirements for your district. Should you decide to file your claim at the EEOC, a New Jersey lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.