Identifying Racial Discrimination in the Atlantic City Workplace
Racial discrimination in the workplace is a serious issue that can be hard to identify. If you suspect unfair treatment at work because of your race, Castronovo & McKinney, LLC is here to help. Our experienced employment discrimination attorneys are dedicated to protecting your employment rights. Despite laws prohibiting race-based employment decisions, such practices unfortunately still occur.
Understanding Racial Discrimination
Our knowledgeable legal team is essential in these situations. We are experts in anti-discrimination laws and skilled in handling both administrative and court proceedings to protect your rights. If you’ve been unfairly denied a job, a raise, a promotion, or subjected to adverse actions like firing or demotion due to your race, color, or national origin, we’re here to support you.
Legal Framework Against Racial Discrimination
Federal and state laws strictly prohibit racial discrimination in the workplace. Title VII of the Civil Rights Act of 1964 forbids discrimination based on race, ethnicity, national origin, and other protected traits. Employers with 15 or more employees must comply with Title VII, and employees must first file a complaint with the Equal Employment Opportunity Commission (EEOC) before initiating a lawsuit. Our legal team has a strong track record in managing EEOC complaints and securing favorable settlements for our clients.
In New Jersey, the Law Against Discrimination (LAD) applies to all employers, banning employment decisions based on race. LAD offers a direct path for employees to seek legal recourse without first filing a complaint with the state Division of Civil Rights. Our approach is to seek negotiated settlements in employment disputes, but we are fully equipped to take these matters to state court if necessary.
Types of Racial Discrimination
Disparate Treatment Discrimination
Disparate treatment in the workplace is a discriminatory practice where an employee is treated unfavorably compared to others due to their race. This can also extend to employees who possess physical characteristics typically associated with a particular race or ethnicity, such as hair texture, skin color, or facial features.
Examples include only offering promotions to white employees, subjecting only workers of color to drug testing, or implementing workplace policies that prohibit natural hairstyles like locs, braids, or weaves. Anti-discrimination laws mandate that employers must ensure fairness in employment decisions and policy enforcement, without bias based on race or ethnicity.
Disparate Impact Discrimination
Disparate impact refers to a workplace policy, rule, or practice that, while applied uniformly to all employees, disproportionately affects individuals based on their race, ethnicity, or national origin. It’s often more challenging to detect compared to direct discrimination.
For instance, a hiring policy that excludes candidates with any arrest or criminal record could disproportionately disadvantage black men. In such cases, employers must demonstrate that these policies have a legitimate, job-related reason.
Establishing a Valid Claim
In cases of racial discrimination, it’s essential to establish key elements to substantiate a claim. This includes proving that you belong to a protected class, such as being African American, and demonstrating your qualifications or satisfactory performance in your role. The claim must show that you were unfairly denied a job offer, promotion, or other employment benefits, or subjected to adverse actions like termination or demotion. It’s also crucial to prove that these actions caused harm, such as lost wages or future income.
Our attorneys are adept in establishing these critical elements in racial discrimination claims. We commit to providing thorough representation, ensuring each aspect of your claim is meticulously addressed to uphold your rights and seek justice.
Contact Our Experienced New Jersey Racial Discrimination Attorneys
In the face of racial discrimination at work, you don’t have to face the challenge alone. Castronovo & McKinney is here to stand up for your rights. Our dedicated team is committed to ensuring justice is served both in and out of court, aiming to secure fair compensation for you. Don’t hesitate to reach out to us; let’s begin working on your case and uphold your rights. Castronovo & McKinney, LLC is ready to assist you in Atlantic City and beyond.