New Jersey Race Discrimination Lawyers

Race discrimination is a pervasive issue that continues to plague workplaces worldwide. It refers to the unfair treatment of individuals or groups based on their race or ethnicity, often resulting in unequal job opportunities and harassment.

Race discrimination can be obvious or hidden. Obvious discrimination is when people are openly unfair because of someone’s race, like using racial slurs or denying opportunities based on skin color. Hidden discrimination is more subtle, as when someone is treated differently because of their race without people immediately realizing it. Both types are harmful. It is important to fight against discrimination and treat everyone equally, regardless of race.

Carcich O’Shea, your trusted New Jersey race discrimination lawyers, aims to protect those facing discrimination in the workplace, providing insight into its implications, legal framework, and avenues for recourse.

What Constitutes Race Discrimination in the Workplace?

Race discrimination in the workplace occurs when an employee or job applicant is treated unfavorably because of race or characteristics associated with race, such as skin color, hair texture, or facial features. This can include actions like hiring, firing, promotions, job assignments, and other terms and conditions of employment.

What Are Some Examples of Race Discrimination in the Workplace?

Examples of race discrimination include:

  • Refusing to hire or promote an individual because of their race.
  • Assigning less desirable job duties based on race.
  • Implementing company policies that disproportionately impact employees of a certain race without a valid business necessity.
  • Racial slurs, jokes, or other forms of harassment based on race.
  • Unequal pay or benefits for employees of different races performing the same job.

What Laws Protect Employees From Race Discrimination in New Jersey?

Employees in New Jersey are protected from race discrimination under federal and state laws. The primary federal law is Title VII of the Civil Rights Act of 1964, which prohibits race discrimination in employment. At the state level, the New Jersey Law Against Discrimination (NJLAD) provides similar protections and often offers broader coverage.

What Should I Do if I Am Being Discriminated Against at Work?

If you believe you are being discriminated against at work in New Jersey, you should take the following steps:

  • Document the Discrimination: Keep a detailed record of the discriminatory incidents, including dates, times, locations, what was said or done, and any witnesses.
  • Review Company Policies: Familiarize yourself with your company’s anti-discrimination policies and complaint procedures. This information is often found in the employee handbook.
  • Report Internally: Report the discrimination to your supervisor or the Human Resources (HR) department. Follow the procedures outlined by your employer for reporting discrimination.
  • File a Complaint with State or Federal Agencies: You can file a complaint with the New Jersey Division on Civil Rights (DCR), which enforces the NJLAD. Complaints must be filed within 180 days of the discriminatory act.
  • Equal Employment Opportunity Commission (EEOC): You can also file a complaint with the EEOC, which enforces federal anti-discrimination laws. Complaints must be filed within 300 days of the discriminatory act.
  • Consult an Attorney: If you are unsure of your rights or need assistance, consider consulting with an employment attorney. They can provide legal advice and help you navigate the complaint process.
  • Seek Support: Contact support groups, friends, or family members. Experiencing discrimination can be emotionally challenging, and support from others can be helpful
  • Know Your Rights: Familiarize yourself with the NJLAD and federal laws such as Title VII of the Civil Rights Act of 1964. These laws protect employees from discrimination based on race, color, national origin, sex, disability, age, and other protected characteristics.

Can I Sue My Employer for Race Discrimination?

It is possible to sue an employer for race discrimination if you believe you have been treated unfairly due to your race. In the United States, laws such as Title VII of the Civil Rights Act of 1964 offer employees certain protections. If you have experienced race discrimination in hiring, promotion, pay, or other terms and conditions of employment, you have the right to file a lawsuit against your employer.

Before suing, you should use internal complaint procedures and seek legal advice to understand your rights and options. An experienced New Jersey race discrimination lawyer can help you assess the strength of your case and handle the legal process. Appropriate remedies might include compensation for damages and injunctive relief to stop discriminatory practices.

Can My Employer Retaliate Against Me for Filing a Discrimination Complaint?

No, it is illegal for your employer to retaliate against you for filing a discrimination complaint or participating in an investigation. Retaliation can include actions like demotion, termination, harassment, or any other form of adverse treatment. If you experience retaliation, you should report it to the DCR or EEOC.

Can I File a Complaint With Both the DCR and EEOC?

Yes, you can file a complaint with both the DCR and EEOC. In many cases, the two agencies have a work-sharing agreement, allowing them to coordinate the investigation of complaints. You may choose to file with one agency, and they can cross-file with the other on your behalf.

What Remedies Are Available if I Win My Race Discrimination Case?

If you win your race discrimination case, you may be entitled to several remedies, including:

  • Reinstatement to your job (if you were terminated).
  • Back pay and benefits.
  • Compensatory damages for emotional distress.
  • Punitive damages (in some cases).
  • Coverage of attorney’s fees and court costs.

How Can Carcich O’Shea Help Me?

At Carcich O’Shea, our team of experienced New Jersey race discrimination lawyers is dedicated to protecting your rights. With our decades of experience, we provide compassionate and effective representation. If you have experienced race discrimination, we are here to listen, provide support, and fight for justice on your behalf.

Stand Up Against Race Discrimination With Our New Jersey Race Discrimination Lawyers at Carcich O’Shea

If you or someone you love is experiencing race discrimination in the workplace, contact our New Jersey race discrimination lawyers at Carcich O’Shea. Call 201-988-1308 or complete our online form to schedule a consultation. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.