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 Paterson plaintiff must also show that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a West Paterson Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local West Paterson lawyers will be familiarized with the requirements of your geographical region. A good New Jersey attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.