How Can I Prove Racial Discrimination Against My Employer?

How Can I Prove Racial Discrimination Against My Employer?

Racial discrimination in America manifests itself in many ways and remains a pervasive problem. Racism in the workplace is often not overt, meaning that employees may have to rely on indirect evidence to prove their cases. In spite of many federal and state laws disallowing employment racial discrimination, it still occurs.

When workplace discrimination is based on a protected status such as race, there are legal remedies available to the victims. If you’re in New Jersey or Pennsylvania and believe that you have been targeted at work based on your race, the experienced discrimination attorneys at Swartz Swidler might be able to help you.

NJ discrimination attorneys on proving workplace race discrimination

Proving racial discrimination in the workplace can be complicated as most evidence of employment racial discrimination is indirect. These actions are often not overtly discriminatory but might be more systemic in nature. An example might include you being passed over for a promotion in favor of someone of a different race who is less qualified. Another common example is when an employer requires a pre-employment test that has a disparate impact on members of a specific race. The racial discrimination attorneys at Swartz Swidler understand how to gather evidence of race discrimination that’s not overt.

How NJ discrimination attorneys establish a prima facie case

Racial discrimination attorneys will work to establish a prima facie case of discrimination. Prima facie is Latin for at first glance. You must be able to illustrate that the conditions and treatment were undeniably discriminatory. This is accomplished by building a prima facie case, which requires you to prove four elements:

  • You are a member of a protected minority class.
  • You are qualified and possess credentials for a specific position.
  • You were denied the position or suffered a negative job action.
  • The individual picked for the position is not of a minority race, is possibly less qualified, or the company continues the applicant search despite the fact that you have the skills to do the job.

Contact the NJ discrimination attorneys at Swartz Swidler

Proving discrimination in the workplace can be difficult. An experienced employment attorney may help by guiding you through the process as you build your case. An attorney may help you with filing your claim, gathering the evidence to support it and litigating the matter on your behalf. If you feel you have experienced racial discrimination in the workplace, contact the experienced discrimination attorneys at Swartz Swidler.