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

In order to succeed on a claim for racial discrimination, the West Caldwell plaintiff must also show that their employer intended to base the discrimination on race or nationality. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.

How Can a West Caldwell Lawyer Help with My Claim?

Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Laws governing the procedures in discrimination will vary widely depending on where the claim is filed, and West Caldwell attorneys will be able to help you with the requirements for your particular region. 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.