Search Site
21 Main St, Ste 352 | Hackensack, New Jersey 07601
Call For Consultation 551-245-8894

Difficulties in Exposing Race as a Motivating Factor in New Jersey Workplace Discrimination Cases

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.

Proving improper racial motivations by challenges employer justifications

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.

Neil H. Deutsch On G+

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…


Go to the following links for descriptions of selection methodologies for Martindale-Hubbell Peer Review RatingsSuper Lawyers and The National Trial Lawyers Top 100.
No aspect of these advertisements has been approved by the Supreme Court of New Jersey.

Contact us

Quick Contact Form