Introduction: Racial Discrimination Isn’t Always Top-Down
Imagine this: Every morning, you walk into the office and brace yourself for the same routine—offhand comments about your accent, jokes about your hair, or being repeatedly left out of important meetings. It’s not your manager saying these things—it’s your coworkers.
Racial discrimination at work doesn’t just come from supervisors. In fact, many employees experience discrimination from peers who think casual remarks or exclusionary behavior are harmless. But here’s the truth: Racial discrimination from coworkers can create a hostile work environment, and it’s illegal under both New Jersey and federal law.
This article will guide you through:
- ✅ How to identify racial discrimination from coworkers.
- ✅ The legal protections available in New Jersey.
- ✅ What steps you should take if you’re facing racial harassment at work.
No one should feel uncomfortable or unsafe at work. Let’s break down your rights and the actions you can take to address coworker discrimination.
What Is Racial Discrimination from Coworkers?
Racial discrimination from coworkers occurs when a peer treats you unfairly based on your race, ethnicity, or national origin. Unlike top-down discrimination, these behaviors often masquerade as “jokes” or “personality conflicts,” making them harder to spot.
Examples of Coworker Discrimination:
- Derogatory Comments: Jokes or remarks about your accent, skin color, or cultural background.
- Exclusion: Being left out of team lunches, meetings, or networking events.
- Unequal Treatment: Being consistently assigned less desirable tasks while others receive opportunities.
- Microaggressions: Subtle slights like, “You’re so articulate for someone from your background.”
Real-Life Scenario:
Sarah, a Black employee at a New Jersey marketing firm, was regularly teased by coworkers about her natural hair. When she complained, HR dismissed it as “harmless fun.” With the help of Swartz Swidler, Sarah filed a complaint under the NJ Law Against Discrimination and received a settlement for emotional distress and lost wages.
When Does Coworker Discrimination Cross the Legal Line?
Not every offensive comment is illegal. For workplace discrimination to violate the law, it must create a hostile work environment.
Key Indicators of Illegal Discrimination:
- Pervasive or Severe Conduct:
- One highly offensive incident (e.g., using a racial slur) can qualify.
- Repeated jokes, gestures, or exclusions over time also meet this threshold.
- Work Interference:
- If the discrimination affects your ability to perform your job, it crosses a legal line.
- Employer Inaction:
- If you report the behavior and the company fails to take appropriate action, they can be held liable.
Your Legal Protections Under NJ and Federal Law
New Jersey offers some of the strongest anti-discrimination protections in the country. Here’s what you should know:
🛡️ New Jersey Law Against Discrimination (NJLAD)
- Covers: All employers, regardless of company size.
- Prohibits: Discrimination based on race, ethnicity, and national origin.
- Unique Protection: Employers are liable if they fail to address coworker misconduct.
⚖️ Title VII of the Civil Rights Act (Federal Law)
- Covers: Employers with 15+ employees.
- Prohibits: Discrimination based on race, color, and national origin.
Key Difference:
- NJLAD applies even to very small businesses, providing broader protection than federal law.
| Feature | NJLAD (New Jersey Law Against Discrimination) | Title VII (Federal Law) |
|---|---|---|
| Employer Coverage | Applies to all NJ employers, regardless of size. | Applies to employers with 15 or more employees. |
| Protected Characteristics | Race, color, national origin, sex, gender identity, age, disability, religion, sexual orientation, pregnancy, marital status, and more. | Race, color, national origin, sex (including gender identity and sexual orientation), and religion. |
| Types of Discrimination Covered | Covers hiring, firing, promotions, compensation, workplace harassment, retaliation, and any adverse employment actions. | Covers hiring, firing, promotions, compensation, and workplace harassment. |
| Liability for Coworker Discrimination | Employers are liable if they knew or should have known about coworker discrimination and failed to act. | Employers are liable only if they failed to act after being made aware of the situation. |
| Remedies Available | Back pay, front pay, emotional distress damages, punitive damages, and attorney’s fees. | Back pay, front pay, compensatory damages, punitive damages (for private employers), and attorney’s fees. |
| Filing Deadlines | Complaint must be filed within **180 days** with the NJ Division on Civil Rights (DCR), or within **2 years** if pursuing a private lawsuit. | Complaint must be filed with the EEOC within **300 days** of the discriminatory act. |
| Retaliation Protections | Protects employees from retaliation for reporting or opposing discrimination or participating in investigations. | Provides similar protections but applies only if the discrimination relates to characteristics covered by Title VII. |
Have questions about NJLAD or Title VII protections? Contact Swartz Swidler today.
Step-by-Step Guide: How to Handle Coworker Discrimination
- Document the Incidents
- Write down dates, times, exact comments, and witnesses.
- Save emails, text messages, or Slack conversations with discriminatory language.
- Report the Behavior to HR
- Follow your company’s reporting procedures.
- Submit a written complaint and request a written acknowledgment.
- Track HR’s Response
- Keep records of meetings, emails, and HR’s actions (or lack thereof).
- Seek Support from Colleagues
- Ask coworkers who witnessed the behavior to document what they observed.
- Contact an Employment Lawyer
- If HR doesn’t act or retaliates against you, seek legal advice immediately.
📄 Get Your Free PDF: “What to Do After a Discriminatory Incident“
Facing workplace discrimination can feel overwhelming—but knowing exactly what steps to take can make all the difference.
Our free PDF guide provides a clear, actionable checklist to help you:
- Document incidents effectively to protect your legal rights.
- Report the behavior with confidence using the right language and approach.
- Understand your legal options under NJLAD and federal law.
🎯 Don’t leave your rights to chance. Download the guide today and feel empowered to take the next step toward justice.
What Happens After You Report Coworker Discrimination?
Once you report discrimination, your employer has a legal obligation to investigate. Here’s what typically happens:
- HR Investigation: Interviews with you, the accused, and potential witnesses.
- Evidence Collection: Emails, security footage, and performance records may be reviewed.
- Decision & Action: Corrective measures like warnings, training, or termination.
⚠️ Red Flag: If your employer ignores your complaint or retaliates against you (e.g., demoting or firing you), this is illegal and may warrant legal action.
Legal Remedies If Your Employer Doesn’t Act
If your employer fails to address coworker discrimination, you have legal options:
- File a Complaint with NJ’s Division on Civil Rights (DCR)
- Must file within 180 days of the incident.
- File a Federal Complaint with the EEOC
- EEOC complaints are required before pursuing a Title VII lawsuit.
- File a Lawsuit for Damages
- You can seek compensation for:
- Back pay: Lost wages due to missed promotions or wrongful termination.
- Emotional distress: Compensation for anxiety or depression caused by the harassment.
- Punitive damages: In extreme cases, courts may award extra damages to punish the employer.
Preventing Coworker Discrimination in Your Workplace
Companies should foster a respectful, inclusive environment for all employees. Here’s how:
- Regular Anti-Discrimination Training: Educate employees on recognizing and preventing bias.
- Clear Reporting Procedures: Make sure employees know how to report misconduct.
- Leadership Accountability: Train managers to respond effectively to coworker harassment.
FAQs: Racial Discrimination from Coworkers
Q: Can my coworker be held personally liable for racial discrimination?
- In most cases, employers are liable. However, individuals can sometimes be held responsible for egregious misconduct.
Q: What if my boss retaliates against me for reporting a coworker?
- Retaliation is illegal under both NJLAD and federal law. Document the retaliation and consult an attorney.
Q: Is a single racial slur from a coworker enough to take legal action?
- Yes, if the comment is severe enough to create a hostile work environment.
Conclusion: You Don’t Have to Tolerate Discrimination
Racial discrimination from coworkers is more than just uncomfortable—it’s illegal when it creates a hostile work environment. In New Jersey, the law protects you, whether the discrimination comes from a manager or a peer.
📞 Contact Swartz Swidler Today
If you’ve experienced racial discrimination at work, don’t wait. Our experienced employment attorneys are here to help. Schedule a free consultation today to discuss your situation and explore your legal options.–
Is This Illegal? 3 Questions to Ask Yourself
- If YES, proceed to Question 2.
- If NO, the behavior is likely not illegal but may still violate company policy.
- If YES, proceed to Question 3.
- If NO, the behavior may be inappropriate but likely not illegal.
- If YES, you may have a valid legal claim for workplace discrimination.
- If NO, the employer has fulfilled their legal obligation (unless the conduct is extreme).
Need help determining if your case qualifies? Contact Swartz Swidler today.
