Although race-based discrimination in the workplace still exists, those who allow race to influence their employment decisions or actions are typically much more subtle. It is not unheard of for a supervisor to utter a racial slur, make disparaging comments toward employees of color or write bigoted racially motivated comments. Discrimination by supervisors is based on far less obvious actions or policies most of the time.
Since racial discrimination in the work environment are not always based on obvious conduct, claims under the New Jersey Law Against Discrimination based on race can be complicated to prove. The process of establishing a race discrimination case most often involves exposing the lack of legitimacy in the motives offered by the employer for denying a promotion, layoff or other act or decision that provides disparate treatment to minority employees. When an employee effectively challenges business justifications offered for the employment decision, improper motivations based on racial animus may be exposed.
Discrimination against employees based on race or national origin can be difficult to identify. Many forms of unfair treatment of employees do not necessarily constitute race-based discrimination, such as playing favorites, using nepotism and engaging in rude behavior. Even though a bad supervisor may treat you unfairly, this does not necessarily create a claim for employment discrimination. The fact that you are a minority who is subjected to this type of treatment also does not necessarily give rise to a legal claim. The key is that the discriminatory treatment must be because of one’s race.
The challenge of gathering evidence in more subtle race-based discrimination cases makes it essential to seek the legal representation of a law firm with a proven record in handling racial discrimination lawsuits. These cases often involve extensive analysis of the company’s workforce racial balance over time, written policies, unwritten customs/practices, witness observations by current and/or past employees and other evidence.