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, 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. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.

The Red Bank plaintiff must further be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.

How Can a Red Bank Lawyer Help with My Claim?

In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Red Bank attorney will be knowledgeable of the requirements for your particular location. 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.