Castronovo & McKinney, LLC: Leading Racial Discrimination Attorneys in NJ

Racial Discrimination in the Workplace: Legal Protections in New Jersey

In New Jersey, workplace racial discrimination is prohibited under both federal and state laws. Title VII of the Civil Rights Act of 1964 explicitly forbids discrimination based on race, ethnicity, national origin, and other protected characteristics. This federal law applies to employers with 15 or more employees. To pursue a case under Title VII, it’s necessary to first file a complaint with the Equal Employment Opportunity Commission (EEOC). Our attorneys are adept at navigating the EEOC process and have a track record of securing successful settlements for our clients.

Additionally, the New Jersey Law Against Discrimination (LAD) offers broader protection, covering all employers in the state. LAD forbids employment decisions based on race, providing a robust legal framework for those experiencing racial discrimination. Unlike Title VII, New Jersey’s LAD doesn’t require filing a complaint with the state’s Division of Civil Rights before initiating a lawsuit.

While our approach often prioritizes negotiated settlements, we are fully prepared to represent clients in state court if needed. Our experienced racial discrimination attorneys will meticulously evaluate your case to determine the most effective strategy, whether through administrative channels, negotiation, or litigation.

Understanding Racial Discrimination Types in New Jersey Workplaces

In New Jersey, employment racial discrimination is generally categorized into two types: disparate treatment and disparate impact.

Disparate Treatment Discrimination This occurs when an employee, due to their race, is treated unfavorably compared to others in similar circumstances. It includes discrimination against employees with physical characteristics typically associated with a race or ethnicity, such as hair texture, skin color, or facial features.

Examples include:

• Exclusively offering promotions or benefits to employees of a specific race.
• Imposing drug testing only on employees of color.
• Prohibiting natural hairstyles like locs, braids, or weaves.

Anti-discrimination laws mandate fair treatment by employers in all employment decisions and the application of workplace policies.

Disparate Impact Discrimination Often subtler, this form of discrimination arises when a seemingly neutral policy adversely affects employees of a particular race, ethnicity, or national origin more than others.

For instance, a hiring policy excluding applicants with arrest records might disproportionately affect African American men. Employers must demonstrate that such policies are genuinely necessary for the job.

Validating Your Racial Discrimination Claim To establish a valid racial discrimination claim, you need to show:

• Membership in a protected class (e.g., African American).
• Qualification for the job or satisfactory job performance.
• Denial of a job offer, promotion, or other employment benefit, or experiencing adverse actions like termination or demotion.
• Suffered damages, such as loss of wages or benefits.

Our attorneys are equipped to demonstrate these elements in a racial discrimination claim, committed to pursuing justice in your case.