Racial Discrimination in New Jersey
Racial discrimination has been a thorn in the side of our society for years and, unfortunately, does not appear to be going away any time soon. It is not unlikely that racial discrimination be prevalent in the workplace. This is an offense according to federal law and has been prohibited for half a century.
It is important to know what is considered discrimination. Although it comes in many forms, when an employer makes decisions in the workplace based on the employee’s race or the job policies favor a particular race, then there is discrimination going on.
Similarly, during the hiring or firing process, a particular race can get less favorable treatment than another, and this type of discrimination is called disparate treatment. Disparate impact is another form of discrimination that refers to when an employer makes seemingly neutral policies that profoundly affect a certain race negatively while favoring another.
Racial Discrimination in the Workplace NJ
In some situations, it is easy to detect racial discrimination in the workplace, while other cases may be difficult to identify. An employer will rarely come out and say they are discriminatory, but their actions will speak for them. If, for instance, during the interview process you are asked questions related to race and you end up not getting the job, your race might have played a role in not getting hired.
Proving this might be a hard task as the employer can cite some reasons for not hiring you, all of which will sound plausible. However, if a less than qualified person of another race gets the position, you have your evidence to prove discrimination. The same goes for promotions, disciplining, firing, compensation, benefits, etc., in the workplace as stated in the Civil Rights Act of 1964.
Similarly, if there is a hostile environment in your workplace that is directed at a certain race, there are grounds for a lawsuit. One should not be harassed, intimidated or offended at work because of their race. This not only affects their job performance, but it also seeps into their personal life, thus having an adverse impact on their overall existence. If such extremes are encountered, it is time for legal action.
What To Do For Racial Discrimination in the Workplace
Now that you have established that you are being discriminated upon, it is time to seek out an attorney to prove your case. For competent representation in New Jersey, The Law Office of Benjamin Friedman will serve you well. We have a wealth of experience in this field thanks to our years of practice and the passion we have for human rights.
Our law firm does not tolerate racial discrimination, and thus we believe neither should any employer. Whether you are sure, or you have a nagging suspicion that you are being discriminated in your workplace and not about your skills, we are here for you. We will examine the facts and advise you accordingly on how to proceed with your case.
New Jersey Employment Laws
There are laws that govern every aspect of employment from the interview to the hiring and pay and other benefits, to the leave and termination process. Many people are more concerned with how many days they are entitled every year for their leave, their benefits, bonuses and salaries more than anything else. However, the subject is broader than that, and it is, therefore, your duty to cover all areas and be vigilant in the workplace to avoid legal loopholes that can land you in trouble.
Most people get excited and a little apprehensive when the time comes to get a job, whether it’s their first job after college or their third. However, not many job hunters know the rights that surround the employment law in New Jersey. This catches them off guard in the event they come across unfair treatment.
It is important to know your rights before starting a new job so that you are well prepared in the future. You want to know, for instance, if you will be required to take a drug test or if the employer will run a background check on you before proceeding further.
Wrongful Termination in NJ
Some of the circumstances that surround employment termination can be unlawful. For instance, if the termination comes in the wake of filing your compensation claim or whistle-blowing on your employer’s illegal practices, it is termed wrongful. Also, an employer should not terminate your employment on discriminatory grounds due to your gender or race as it violates constitutional rights.
Harassment and Retaliation in NJ
Harassment comes in many forms, from sexual harassment, where your superior pressures you to sleep with them, to verbal harassment through foul language and insults. Retaliation can be in the form of termination of employment, bullying, harassment, salary reductions, transfers, demotions, etc. This can be due to one reason or another, such as whistleblowing on your employer’s illegal acts. You should not suffer consequences because you exercised your legal right against your employer.
Employment Agreements in NJ
Employment agreements are different for every workplace, but they are generally between the employer and employee. If one party fails to meet the stated requirements, they can be in breach of contract forcing legal action. Whether written or oral, they are enforceable and should be taken seriously. Some employers seek to exploit their employees through oppressive clauses like non-compete agreements, NDAs (non-disclosure agreements), mandatory arbitration agreements and so forth.
Racial Discrimination Lawyer NJ
Employers who discriminate against their employees based on race are setting themselves up for heavy fines if an employee decides to sue. The process can look intimidating, but with a New Jersey racial discrimination attorney by your side, it gets easier. It is their job to collect the evidence and examine it and then decide the best course of action. It, therefore, goes without saying that the professional you choose should be well-versed in this matter in order to get you the best compensation available. Choosing our law firm means we will take your best interests into consideration.