Discrimination in the workplace based on skin color is illegal, not just in New Jersey but across the country. If your employer bases promotions, raises, or hiring and firing decisions on skin color, it’s illegal. Your skin color is not an indication of your qualifications or abilities and shouldn’t be a factor in any employment decision.
At NJ Employment Lawyers, LLC, we fight for the rights of anyone who has been a victim of workplace discrimination based on their race or skin tone. Our team of employment discrimination lawyers can help you explore your legal options if you believe you’re a victim of workplace discrimination.
If you’ve been harmed by discrimination in the workplace, you may be entitled to compensation. Our experienced New Jersey employment discrimination attorneys fight to ensure that the company is held liable for its actions and the professional injury you suffered.
To learn more about how we can help you, contact NJ Employment Lawyers today for a free consultation about your case.
Color Discrimination and Workplace Preferential Treatment Based on Race
Color discrimination isn’t quite the same as race discrimination or discrimination based on national origin, although they are closely related. For example, an employer that discriminates against Hispanic or Latino people may also discriminate against people with darker-colored or brown skin, regardless of their descent.
In other instances, employees with certain skin colors may be treated less favorably in ways that don’t directly relate to their national origin or race. For example, someone may treat an African American person with a lighter skin tone better than another employee with darker pigmentation.
While this may not be racial discrimination or discrimination based on national origin, it’s still discriminatory and professionally unacceptable. In many cases, treatment like this by a manager or employer may also be legally actionable.
Color Discrimination Isn’t a Black and White Issue
Color discrimination isn’t just between people who could be considered different races. It can also happen among people who were born in the same country or belong to the same race.
For example, there is some evidence that some Indian or East Asian people may discriminate against others of the same descent who have darker skin, or that some African Americans show a preference for others of the same race with lighter skin.
Showing preferential treatment or behaving in a discriminatory way toward another person in the workplace because of the color of their skin is just as illegal as any other type of discrimination. It’s commonly referred to as “colorism” or “intra-race color discrimination.”
Everyone has the right to be evaluated in the workplace based on their merits, not their skin tone. Many people may not realize that colorism is a form of discrimination since it often occurs between people of the same national descent or race.
However, this behavior is illegal, violates your rights, and if it happens to you, you deserve justice. Let the legal team at NJ Employment Lawyers advocate for you.
Discrimination Based on Skin Tone Is Against the Law
Your employer, manager, and coworkers should evaluate you based on your professional abilities, performance, and technical and soft skills — not on the shade of your skin. Harassment or discrimination based on color violates New Jersey and New York equal employment laws. Our New Jersey employment lawyers can help.
Workplace Retaliation Is Illegal Under New Jersey Law
The law prohibits employers from retaliating against employees who file complaints about discrimination based on their membership in a protected class (race, color, and national origin are protected classes).
Examples of retaliation include terminating employment, passing you over for a promotion, or making harassing comments to you about the complaint you filed. Making a good faith complaint to your supervisors, human resources department, or a state or federal agency is your protected right under federal law.
Filing a Color Discrimination Complaint in New Jersey
The first step to resolving colorism discrimination is working within the provisions in your company employee handbook. You may report the discriminatory actions to your supervisor or human resources department.
If you don’t get a resolution, or if your employer retaliates against you, only then can you file a formal complaint with the New Jersey Attorney General’s Division on Civil Rights. You can also file a complaint with the Equal Employment Opportunity Commission (EEOC).
If these agencies determine that your complaint is valid, they can grant you permission to file suit. When this happens, you need representation from an attorney with experience and expertise in New Jersey employment law.
Contact NJ Employment Lawyers to File a Discrimination Suit
If you’ve been the victim of colorism in the workplace in New Jersey, you have rights. At NJ Employment Lawyers, LLC, our legal team can help you achieve justice. Contact us today for a free consultation about your case.