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Race Discrimination in the New Jersey Workplace
It is illegal for an employer in New Jersey to treat you differently because of your race or national origin. If that is what happened to you, the attorneys at Mark | Kleinfeldt are ready to help you recover what you deserve.
What Is Race Discrimination Under New Jersey Law?
Race discrimination occurs when an employer treats an employee or job applicant unfavorably because of their race or national origin. It is illegal for an employer to discriminate on this basis in any aspect of employment, including hiring, promotions, wages, job assignments, layoffs, and termination.
Two laws work together to protect New Jersey workers from race discrimination. Title VII of the federal Civil Rights Act prohibits employers from discriminating against individuals because of race or national origin. The New Jersey Law Against Discrimination (NJLAD) provides even broader protection, and unlike federal law, it applies to New Jersey employers of every size.
Race discrimination is not always open or obvious. It can be a single adverse action, a pattern of being passed over, or a hostile work environment built on racial comments and conduct. It can also take the form of a policy that appears neutral on its face but has a disproportionate impact on employees of a particular race. All of these can be illegal under the NJLAD.
Prohibits employers from taking adverse employment actions against employees or applicants based on race, national origin, ancestry, color, and other protected characteristics. Applies to all New Jersey employers regardless of size.
Who Is Protected Under This Law?
The NJLAD protects all employees in New Jersey from discrimination based on race, color, national origin, and ancestry — regardless of whether they belong to a minority group. New Jersey courts have confirmed that the law protects members of a majority group in the same way it protects everyone else, and protection extends to employees discriminated against based on a perceived race or national origin as well.
If you are a member of this protected class — or your employer perceived you to be — and you experienced adverse treatment, you may have a claim.
Signs You May Have a Race Discrimination Claim
You were passed over for a promotion that went to a less qualified colleague of a different race
You are paid less than coworkers doing the same job
You were subjected to racial slurs, jokes, or comments that management ignored when you reported them
You were disciplined more harshly than colleagues of a different race for the same conduct
You were let go in a layoff that disproportionately affected employees of your race
What You Need to Prove in a Race Discrimination Case
To bring a successful race discrimination claim under the NJLAD, you generally need to establish the following, but you do not need to have it all figured out before you call.
You are a member of a protected class
You belong to a racial group, national origin group, or are otherwise protected based on race, color, or ancestry. The NJLAD protects everyone, including members of majority groups.
You were performing your job satisfactorily
You were meeting the legitimate expectations of your employer at the time of the adverse action.
You suffered an adverse employment action
Your employer took a materially adverse action against you, such as termination, failure to promote, a pay cut, unjustified negative evaluations, increased surveillance, or any action that would dissuade a reasonable worker from making or supporting a discrimination complaint.
Race was a motivating factor
The adverse action was taken, at least in part, because of your race or national origin. This is often proven through comparison to how similarly situated employees of a different race were treated, the timing of events, and the overall pattern of conduct.
How Race Discrimination Cases Work in New Jersey
If you believe you were treated differently because of your race, here is what pursuing a claim looks like from the first conversation forward.
An attorney reviews the facts of your situation and tells you whether you have a viable race discrimination claim, what it might be worth, and what your options are.
The firm investigates by gathering evidence — performance reviews, pay and promotion records, comparator data showing how employees of different races were treated, communications, and witness statements. Race discrimination cases often turn on demonstrating a pattern through comparison.
Depending on how the claim is pursued, a complaint may be filed in state or federal court or with the Equal Employment Opportunity Commission (EEOC).
Mark & Kleinfeldt negotiates from a position of strength, prepared and willing to go to trial when the situation calls for it. That posture changes what employers offer at the negotiating table.
Successful race discrimination claims under the NJLAD can result in back pay and lost wages, compensatory damages for emotional distress, reinstatement, attorney's fees and costs, and in cases of intentional discrimination, punitive damages.
Results We've Secured in Race Discrimination Cases
The firm has recovered significant results for New Jersey employees subjected to race and national origin discrimination.
$1.2M
Race Discrimination
A New Jersey employee subjected to a hostile work environment and terminated based on race.
$310K
National Origin Discrimination
A New Jersey employee subjected to discriminatory treatment based on national origin.
Related Claims to Consider
Race discrimination often overlaps with other employment claims. If any of the following sound familiar, you may have more than one claim worth exploring.
Hostile Work Environment
Racial discrimination often takes the form of a hostile work environment built on slurs, jokes, or persistent offensive conduct. If that describes your situation, you may have a hostile work environment claim alongside your race discrimination claim.
Wrongful Termination
If you were fired because of your race, your race discrimination claim and a wrongful termination claim may run together.
Frequently Asked Questions
Yes. The NJLAD protects members of a majority group against race discrimination in the same way it protects everyone else. New Jersey courts have confirmed this directly. If you were treated unfavorably because of your race, you are protected regardless of what your race is.
No. Employers rarely admit to race discrimination. These cases are built on circumstantial evidence — how you were treated compared to employees of a different race in the same situation, patterns in pay and promotions, the timing of decisions, and comments that suggest a discriminatory motive. An attorney can evaluate whether the evidence supports a viable claim.
Yes. A policy or practice that appears neutral on its face can still be illegal if it has a disproportionate impact on employees of a particular race and is not justified by a legitimate business necessity. This is known as disparate impact discrimination, and it is prohibited under the NJLAD.
They are closely related and often overlap, but they are distinct. National origin discrimination involves treating someone unfavorably because of their country of origin, ethnicity, accent, or ancestry. Both race and national origin are protected characteristics under the NJLAD and Title VII.
The deadline depends on which law you pursue and where you file. NJLAD claims brought in Superior Court are generally subject to a two-year statute of limitations from the last act of discrimination.
Ready to Find Out If You Have a Race Discrimination Case?
You've learned what race discrimination covers in New Jersey and what you would need to show. The next step is a conversation with a Certified Civil Trial Attorney who can tell you specifically whether what happened to you is legally actionable.