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Being treated differently at work because of your race can be painful and isolating, especially when no one will say outright why you’re being treated differently. You may notice that a coworker gets opportunities you were denied, that you are disciplined for conduct others are allowed to ignore, or that racial comments have become part of your everyday work life.
Race discrimination occurs when an employer treats an employee or applicant differently because of race, color, or characteristics associated with race. N.J.S.A. 10:5-12(a) specifically prohibits this conduct. If race may be affecting your treatment at work, our Gloucester County race discrimination attorneys at Puff Sierzega & MacFeeters Law Offices can help you determine what happened and what to do next.
Where Can Race Discrimination Show Up at Work?
Race discrimination can affect almost any part of employment. It may appear in obvious ways or through repeated decisions that are harder to explain. For example:
- Hiring – A qualified applicant is rejected while a similarly qualified applicant of another race is selected.
- Pay and Promotions – An employee receives less compensation or is repeatedly passed over for advancement despite comparable qualifications.
- Assignments – A worker is consistently given less desirable shifts, duties, or locations.
- Discipline – An employee is punished for conduct that coworkers of another race are allowed to get away with.
- Workplace Treatment – A supervisor or coworker uses racial slurs, stereotypes, jokes, or insults.
Title VII also prohibits discrimination based on race and color in hiring, firing, pay, assignments, promotions, discipline, training, and other employment decisions. This federal law generally applies to employers with 15 or more employees.
Does Race Discrimination Have to Be Obvious?
No. An employer doesn’t have to use a racial slur or openly admit that race influenced a decision for discrimination to be a legal issue. The circumstances surrounding an employment decision can provide important evidence.
For instance, an employer might say it denied an Asian employee a promotion because of performance. If employees of another race with similar or weaker qualifications were promoted, while the employee’s strong reviews were suddenly discounted, those differences in treatment could raise questions about whether race played a role in the decision.
Race discrimination can likewise involve a workplace policy that appears neutral but disproportionately disadvantages a racial group without sufficient justification. Federal law recognizes both intentional discrimination and certain forms of disparate impact.
What Does New Jersey Law Prohibit?
The New Jersey Law Against Discrimination (NJLAD) makes it unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against an individual because of race, color, national origin, ancestry, or other protected characteristics. It covers compensation and the privileges, conditions, and terms of employment. Federal Title VII of the Civil Rights Act of 1964 provides another layer of protection against discrimination based on race and color. Which law applies to your situation can depend on the employer, the conduct involved, and other facts.
What If Your Workplace Becomes Hostile?
Racial discrimination isn’t limited to hiring and promotion decisions. Repeated racial insults, offensive jokes, threats, intimidation, or other race-based conduct can create a hostile work environment when the conduct is sufficiently serious under the applicable legal standard. The situation can become even more serious when management knows about the conduct and fails to respond appropriately. You shouldn’t have to accept repeated racial harassment simply because it comes from a coworker, supervisor, customer, or another person at work.
What If You Complain and Your Employer Retaliates?
You may have additional protections if your employer responds negatively after you oppose discrimination or participate in a discrimination proceeding. Retaliation can take different forms, including sudden discipline, reduced hours, undesirable assignments, exclusion from opportunities, or termination. N.J.S.A. 10:5-12(d) prohibits reprisals against people who oppose practices prohibited by the NJLAD or exercise rights protected by the law.
What Our Race Discrimination Attorneys in Gloucester County Can Do for You
Our Gloucester County race discrimination lawyers can compare how similarly situated employees were treated, examine your employer’s stated reason for an employment decision, identify potentially discriminatory practices, and help preserve important records.
Depending on the circumstances, we can also help with a complaint to the New Jersey Division on Civil Rights, an EEOC charge, negotiations with your employer, or litigation under applicable state or federal law. Because filing deadlines apply, getting legal advice before signing a release, accepting severance, or letting important evidence disappear is crucial.
You Shouldn’t Have to Wonder Why You’re Being Treated Differently at Work
If you believe your race has affected your treatment at work, contact Puff Sierzega & MacFeeters Law Offices online or at 856-845-0011 to learn how our Gloucester County race discrimination lawyers can assist you.