Racial discrimination occurs when an employer treats an employee or someone applying for a job, disparately or unfairly because that person is of a particular race, or in some cases, their skin color or ethnicity. An employer cannot discriminate on the basis of religion/race/age/gender/sex/skin color/national origin or disability status for any of the essential functions of employment. This includes all conditions of employment such as hiring, firing, compensation, advancement, training or benefits.
Moreover, an employer cannot harass an employee based on the employee’s skin color, race, age, gender, sex, marital status, handicap or religion. This includes the employer’s prohibition from allowing racial slurs to occur in the workplace. It could also be derogatory remarks based on a person’s color or race. The law provides for different theories of proving liability against the employer, such as negligence and strict liability, in determining whether the employer knew or should have known of the discrimination and failed to take any corrective action.
Our New Jersey and New York pregnancy discrimination lawyers concentrate in protecting your rights and litigating these claims. If you have been unfairly treated in the workplace due to your race, skin color, gender or religion, please call us at (973) 509-8500 to schedule a consultation.