Racial discrimination in the workplace arises when an employer treats a worker or applicant unfavorably because of their race. Unfortunately, even with laws in place prohibiting employers from discriminating against employees and applicants because of their race, racial discrimination remains a huge problem in New Jersey. To this day, employers deny applicants jobs because of their race. Employers deny employees promotions and other workplace benefits because of their race. If you believe you faced discrimination from an employer because of your race, you can file a claim against the employer. If you succeed, the employer may be ordered to take action to remedy the situation and compensate you. For instance, if you were denied a promotion, your employer could be ordered to promote you and pay you any back pay and benefits you missed out on when you were not promoted.
However, getting justice after being discriminated against because of your race can be challenging, especially when the employer tried hiding the discrimination. That is why it is crucial that you hire a skilled employment lawyer if you believe you have fallen victim to racial discrimination in the workplace. A skilled attorney knows what evidence you need to prove your case and can help you gather it. An attorney can help you gather either direct or indirect evidence of racial discrimination.
Direct Evidence of Racial Discrimination
Direct evidence is anything that openly shows that the employer engaged in racial discrimination. The following are some examples of direct evidence of race discrimination;
- An email informing a manager to demote an employee because of their race
- A company policy that states that the company cannot employ individuals of a certain race
- An email telling recruiters not to hire people of a certain race
This kind of evidence makes it very easy to prove race discrimination. However, rarely is there direct evidence of discrimination. Often, employers and managers discriminate against employees and job applicants in less obvious ways.
Indirect Evidence of Racial Discrimination
Indirect evidence, also called circumstantial evidence, is more common in discrimination cases. Indirect evidence consists of facts that suggest that discrimination occurred. This means that this form of evidence leaves the opportunity for the possibility that discrimination never happened.
Below are the steps you will have to go through if you use indirect evidence in your racial discrimination case:
- You will have to establish a prima facie case: For instance, if you had the qualifications necessary for a promotion and were not promoted, yet someone from a different race got promoted, this could be circumstantial evidence showing the employer discriminated against you because of your race.
- The employer will present evidence of non-discriminatory reasons for the action(s) taken: For instance, the employer might argue that you were not promoted because you lack the required experience.
- You will then need to demonstrate that the employer acted the way they did because of discrimination: For instance, you can prove this by showing that you are more experienced than the person who got the promotion.
Trabosh Law Firm Can Help
Our skilled and dedicated New Jersey employment lawyer at The Trabosh Law Firm can help you prove your racial discrimination case. Contact us today for a free case evaluation.