Race & National Origin Discrimination in New Jersey

New Jersey Race and National Origin Discrimination Attorney

Your race, ethnicity, or national origin should have no bearing on how you are treated at work: how much you earn, how far you advance, or whether you get to keep your job. When it does, it is discrimination, and it causes real harm, professionally, financially, and personally. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been subjected to race or national origin discrimination and fight to hold employers accountable for that harm.

Laws That Protect New Jersey Workers from Race and National Origin Discrimination

Title VII of the Civil Rights Act

Title VII prohibits employers with 15 or more employees from discriminating against employees or job applicants on the basis of race, color, or national origin. It covers all aspects of employment including hiring, firing, compensation, promotions, job assignments, and working conditions. Title VII also prohibits harassment based on race or national origin and retaliation against employees who complain about discrimination.

The New Jersey Law Against Discrimination (NJLAD)

The NJLAD prohibits discrimination based on race, color, national origin, ancestry, and nationality, and applies to employers with one or more employees, which is far broader coverage than Title VII. The NJLAD also prohibits harassment and retaliation and allows employees to file suit directly in court without first exhausting administrative remedies through the EEOC.

What Does Race and National Origin Discrimination Look Like?

Race and national origin discrimination can be overt or subtle. Common examples include:

• Being paid less than colleagues of a different race for substantially similar work

• Being passed over for promotions or leadership positions in favor of less qualified employees of a different race

• Being subjected to racial slurs, stereotypes, or derogatory comments in the workplace

• Being assigned less desirable work, shifts, or territories based on race or national origin

• Being disciplined more harshly than employees of a different race for similar conduct

• Being terminated or laid off while less qualified employees of a different race are retained

• Being subjected to discriminatory hiring practices or screening based on race or national origin

• Being harassed based on your accent, language, or country of origin

Racial Harassment and Hostile Work Environment

Racial harassment is a form of race discrimination.A hostile work environment based on race exists when unwelcome race-based conduct is severe or pervasive enough that a reasonable person would find the work environment hostile or abusive. This includes racial slurs, offensive jokes, stereotyping, and other race-based behavior. A single extremely severe incident, such as a direct racial threat, may be sufficient on its own.

Employers are liable for racial harassment by supervisors and, in many cases, by coworkers and third parties when they knew or should have known about the conduct and failed to take corrective action.

Disparate Impact Discrimination

Not all discrimination is intentional. A workplace policy or practice that appears neutral on its face may still be unlawful if it has a disproportionate adverse impact on employees of a particular race or national origin and cannot be justified by business necessity. This is known as disparate impact discrimination.

What Is the Statute of Limitations for Race Discrimination in New Jersey?

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. For federal Title VII claims, you must file a charge with the EEOC within 300 days.

What Damages Can I Recover?

Employees who prevail in race or national origin discrimination cases in New Jersey may be entitled to recover:

• Back pay and lost benefits

• Front pay or reinstatement

• Compensatory damages for emotional distress

• Punitive damages in cases of egregious conduct

• Attorney’s fees and costs

Frequently Asked Questions

Is discrimination based on my accent or language protected?

Yes. Discrimination based on a person’s accent or language can constitute national origin discrimination under both the NJLAD and Title VII, particularly when the accent does not materially interfere with job performance.

What if the discrimination is subtle — no slurs, just being consistently passed over?

Discrimination does not have to be overt to be actionable. A pattern of being passed over for promotions, excluded from opportunities, or treated less favorably than similarly situated employees of a different race can support a discrimination claim even without direct evidence of discriminatory intent.

Can I bring a claim if I was discriminated against because of my association with someone of a different race?

Associational discrimination is the act of being treated adversely because of your relationship with a person of a different race, such as a spouse or close friend. This may be actionable under the NJLAD.

What is the difference between disparate treatment and disparate impact?

Disparate treatment means an employer intentionally treated you differently because of your race. Disparate impact means a neutral policy had a disproportionate adverse effect on employees of a particular race, regardless of intent. Both can give rise to a legal claim.