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Discrimination
RACE DISCRIMINATION SHOULD NOT BE TOLERATED IN ANY WORKPLACE.
Unfortunately, many workers across New Jersey and the United States face instances of racial discrimination every day. It is important to stand against employers that are determined to make the workplace a hostile environment for certain employees. If you or a family member was a victim of workplace discrimination, you should speak with an experienced Essex County race discrimination lawyer.
Workplace race discrimination is an illegal and reprehensible act that no employee should have to endure. Your employer and coworkers have a duty to avoid subjecting you and other employees to racially discriminatory actions. To receive a free consultation on your race discrimination case, call the Law Offices of Usmaan Sleemi at (973) 453-4060, or contact us online.
NJ LAWS AGAINST RACIAL DISCRIMINATION
In New Jersey, it is illegal for an employer to discriminate against you because of your race. This means that from the moment you begin the application process, an employer cannot use your race, color, or name to discriminate against you. There are various other protections offered by New Jersey’s Law Against Discrimination (LAD) for individuals who face racial discrimination at their workplace.
New Jersey’s LAD sets various guidelines that employers must follow to avoid committing an act of racial discrimination. For example, when determining the salary and benefits of a new employee, their race or color cannot be used as a deciding factor. Other examples of racial discrimination in the workplace include:
- An employer using an employee’s race or color when assigning certain duties, making decisions about transferring employees to different departments, promoting or demoting employees, or initiating disciplinary actions
- An employer deciding that an employee’s race or color should be a factor when they are downsizing at their company
- Being subjected to insulting and derogatory comments because of your race or color
- Your race or color being used if an employer wants to fire you with cause
Additionally, when an employer is looking to hire a new employee, they cannot circulate a job posting that directly or indirectly states that they wish to hire an individual of a particular race or ethnic background. You also have rights against racial discrimination when dealing with labor unions. In addition to being unable to deny membership based on an individual’s race, a labor union cannot use race to when deciding who can attend apprenticeship programs or receive referrals for jobs.
In addition to employers and labor unions, New Jersey’s LAD also applies to your coworkers. The LAD states that an employer cannot allow your colleagues to harass you and disrupt your work environment just because of your race or color.
If you need to know more about your rights concerning race discrimination in the workplace, you should speak with an experienced Essex County racial discrimination attorney.
LEGAL REMEDIES FOR RACE DISCRIMINATION AT WORK
If you believe that your employer will not make a serious effort to handle racial discrimination issues that you are subjected to in the workplace, there are legal actions available that you may use.
New Jersey’s Superior Court handles violations of the Law Against Discrimination. If you choose to file your case with the Superior Court, you must file your case within two years of the date you were subjected to racial discrimination. The reason for this is the “statute of limitations.” The statute of limitations governs how long you have to file a particular type of case. If your case is not filed on time, the court may bar your claim.
If you win your race discrimination case, there are several remedies that you may be entitled to. One remedy is receiving the position you were unfairly denied, with back pay and interest. However, some may find this remedy to be undesirable if they believe they will continue to face actions of racial discrimination. Additionally, if the employee faced racial discrimination at a company they already worked for, any employee benefits lost or impacted by the discrimination may be reinstated. An employee can also receive damages for pain and emotional distress caused by the discrimination.
If you are worried about retaliation due to filing a claim against your employer or potential employer, the LAD also protects you and anyone that assists you from retaliation. Therefore, you should not be afraid to stand up against your employer if you are a victim of racial discrimination by your employer or your coworkers.
ESSEX COUNTY, NJ RACE DISCRIMINATION ATTORNEY
If you or a family member was subjected to workplace racial discrimination, you should speak with an experienced Essex County, NJ race discrimination attorney. The Law Offices of Usmaan Sleemi believes that no person should have to endure acts of racial discrimination at their workplace and we are here to fight for you. To schedule a free legal consultation, call us at (973) 453-4060, or contact us online.