New Jersey Race Discrimination Laws: Your Rights
Quick Answer: New Jersey’s Law Against Discrimination (LAD) prohibits race discrimination at employers with 1+ employees—broadest coverage in the nation. Includes race, color, national origin, and ancestry. No damages cap. File with DCR within 180 days or civil suit within 2 years.
New Jersey provides strong race discrimination protections.
New Jersey Race Protections
Law Against Discrimination
Protects against discrimination based on:
- Race
- Color
- National origin
- Ancestry
Applies to:
- All employers with 1+ employees
- No damages cap
Broader Than Federal
NJ advantages:
- 1+ employees (Title VII: 15+)
- No damages cap
- Strong enforcement
What’s Prohibited
Hiring
Cannot:
- Refuse hire based on race
- Use race in screening
- Discriminate in recruitment
- Consider race in decisions
Workplace Treatment
Cannot:
- Fire based on race
- Deny promotions
- Pay less due to race
- Segregate workers
- Provide unequal treatment
Harassment
Prohibited:
- Racial slurs
- Offensive comments
- Hostile environment
- Racial stereotyping
- Racist symbols or images
Filing Complaints
DCR (State)
Division on Civil Rights:
- Phone: 973-648-2700
- 180-day deadline
- Investigation and remedies
Civil Lawsuit
Court option:
- 2-year statute of limitations
- Jury trial available
- No damages cap
EEOC (Federal)
Title VII claims:
- 15+ employees
- 300-day deadline
- Workshares with DCR
Proving Race Discrimination
Direct Evidence
Examples:
- Racist statements
- Written discrimination
- Documented bias
Circumstantial Evidence
Establish:
- Member of protected group
- Qualified for position
- Adverse action taken
- Different treatment than others
Pattern Evidence
May include:
- Statistical disparities
- Consistent exclusion
- Systemic issues
Common Scenarios
Scenario 1: Denied Promotion
Situation: Less qualified white employee promoted.
Analysis: Document qualifications comparison. File complaint.
Scenario 2: Racial Harassment
Situation: Coworkers make racist comments, employer ignores.
Analysis: Employer must address. File DCR if they don’t.
Scenario 3: Small Employer
Situation: Work for 4-person company facing discrimination.
Analysis: LAD covers 1+ employees. Fully protected.
Scenario 4: Termination
Situation: Fired, replaced by white employee.
Analysis: Suspicious circumstances. Document and file.
Remedies Available
Economic Damages
May include:
- Back pay
- Front pay
- Lost benefits
- Out-of-pocket costs
Non-Economic Damages
May include:
- Emotional distress
- Pain and suffering
- Humiliation
- No cap in NJ
Punitive Damages
Available when:
- Willful conduct
- Egregious behavior
- Reckless disregard
Attorney’s Fees
Prevailing plaintiff:
- Fees and costs
- Encourages litigation
Employer Defenses
Legitimate Business Reason
May argue:
- Performance issues
- Qualifications
- Business necessity
- Misconduct
Challenging Pretext
Look for:
- Inconsistent application
- Shifting reasons
- Different treatment
- Timing issues
Documentation Tips
What to Document
Keep records of:
- Discriminatory incidents
- Witnesses present
- Dates and times
- Similar treatment of others
Preserve Evidence
Save:
- Emails and messages
- Performance reviews
- Company policies
- Witness contacts
Frequently Asked Questions
Does LAD cover small employers?
Yes. All employers with 1+ employees.
What’s the filing deadline?
180 days DCR, 2 years civil lawsuit.
Are there damages caps?
No. New Jersey has no cap on LAD damages.
Can I sue in court?
Yes. Can file civil lawsuit within 2 years.
Related Topics
Take Action
If facing race discrimination:
- Document incidents
- Report to HR (if safe)
- Note 180-day DCR deadline
- Preserve evidence
- Consult attorney
Legal Disclaimer
This article provides general information about race discrimination in New Jersey and is not legal advice. For specific advice, consult a licensed New Jersey employment attorney.
For official information:
- NJ Division on Civil Rights: https://www.njoag.gov/dcr | 973-648-2700