Articles Posted in Racial Discrimination

The original spark may not have come from a New Jersey workplace, but the final outcome will be something that will benefit thousands upon thousands of New Jersey workers. That outcome is that, as nj.gov reported, on Dec. 19, 2019, New Jersey became the third state to ban discrimination based upon a person’s natural hairstyle when Governor Murphy signed the CROWN Act into law. This is an extremely important new law for workers, many of whom in the past have been forced to choose between taking costly and sometimes drastic measures to alter their hair or else face workplace punishment or even termination due to their failure to conform to workplace grooming rules.

As several lawmakers have pointed out recently, no one should face adverse action in employment simply because of the way in which their hair grows naturally. Now, the law will make it clear that imposing such unfair rules is against the law and entitles the worker to pursue financial compensation in court with the assistance of a New Jersey race discrimination attorney.

One year to the day before the governor signed the act, on Dec. 19, 2018, a South Jersey high school wrestler was on the verge of competing when he was approached with what many would consider a “Hobson’s choice.” A referee told the student that he must shave off his dreadlocks, or else he must forfeit his match. The student eventually wrestled, but not before suffering the humiliation of having his head shaved right there in the gym. That terrible incident served as the “flashpoint” that set New Jersey on the road to banning discrimination based on natural hair.

A popular TV commercial features a famous current football player debating a famous retired player regarding which was more important – a good offense or a good defense. A knowledgeable employment discrimination attorney will tell you that, when it comes to pursuing a discrimination case successfully, it is vitally important to have both – powerful evidence that persuasively bolsters the arguments you’re making, as well as effective proof that will blunt the arguments the other side will inevitably make during your litigation.

For an example of what this means, look at the case of R.M., which was reported by northjersey.com. The employer, a nursing facility in Bound Brook, fired R.M., an African American vice president at the facility, from her job in late 2016. According to the employee, the termination was the result of racial discrimination.

R.M. had strong proof that she used both in support of her case and in opposition of the defense’s case. In a discrimination case, one of the most effective forms of circumstantial evidence of your employer’s discriminatory motive that you can have is timing. If, for example, you’re pursuing a pregnancy discrimination or a disability discrimination case, and you have evidence that your employer fired you one week after you notified the employer of your pregnancy or disability, then that timing evidence is very strong in pointing toward discrimination as the real reason for your firing.

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In recent years, lawmakers have started to address a subtle, but nevertheless insidious, form of race discrimination. That discrimination occurs when employers, as part of their dress and grooming policies, forbid the wearing of certain hairstyles that represent “natural” hairstyles of African-Americans. Complying with these rules can be not only emotionally stressful, but also physically painful and financially expensive for some African-American workers.

Lawmakers in New York and California have begun debate on ending this practice. Now, New Jersey is taking steps to follow suit. A bill is pending in the New Jersey Senate that would include discrimination based on these types of hairstyles among the forms of illegal discrimination barred by the Law Against Discrimination, nj.com has reported. Whether or not you are someone who potentially faces this kind of discrimination, the introduction of this bill is a reminder of the importance of having an experienced New Jersey employment attorney on your side who is up-to-date on all the most recent changes and evolutions of discrimination law in the Garden State.

The senate bill, as it is currently written, would ban discrimination based upon “traits historically associated with race, including, but not limited to, hair texture, hair type, and protective hairstyles.” (A “protective” hairstyle refers to any hairdo that preserves hair from damage. For African-Americans, that can mean many styles, including twists, braids, Afros and Bantu knots, among others.)

A New Jersey police officer received good news regarding his civil service claim alleging racial discrimination recently. The Appellate Division gave his case new life, asserting that when a civil service employee provides proof of discrimination as strong as this worker did, then a hearing should be held to determine each side’s credibility, and failure to hold that hearing is arbitrary and unreasonable.

There are several hurdles to clear in order to succeed in any discrimination claim. You should be sure you have a knowledgeable New Jersey employment discrimination attorney on your side at every step in the process.

The employee, R.B., was a police officer with a force in South Jersey for 16 years. He applied several times for promotion to sergeant but was not successful. In 2014, he was fourth on the civil service exam result list and was bypassed for a white officer who was first. In 2016, he was second on the exam results list, and was rejected in favor of the first, third and fourth-highest examinees. The officer, who was African-American, sued for racial discrimination.

Sometimes, you may run across a story about an employee who was harmed in a situation similar to your own. If, at the end, that employee loses her case, it may easy to become discouraged. Don’t give in to that impulse. Each case has its own unique set of facts. It may turn out that the facts in the unsuccessful employee’s case were especially unfavorable or there were important things that were different from your own circumstance. To get the best sense of the strengths or challenges involved in your potential discrimination or harassment claim, what you need is the advice of an experienced New Jersey employment attorney.

M.B. was a worker who lost her case, but her setback can be very instructive for other workers who suffer employment discrimination. M.B. worked as a manager for a fitness center in New Jersey from 2011 until Aug. 19, 2016. She was fired, allegedly, for “poor performance, undocumented absences, and insubordination.” The manager, though, identified a different reason for her termination: her race. So, she filed a Law Against Discrimination action.

The employer asked the judge to order the two sides to arbitration, and employee contested going to arbitration. The courts ruled for the employer.

Discrimination can come in many forms. One of those forms is through the policies that an employer creates and enforces. Sometimes, the discriminatory nature of those policies is fairly obvious; other times, it can be much more subtle. Take for example, restrictions on workers’ hairstyles. On the surface, it may appear to be an effort to ensure a professional appearance among all employees. Under the surface, it may be something that actually discriminates against certain races, like African Americans. If you think that you’ve suffered race discrimination at work, whether it was fairly overt or much more subtle, be sure you know your rights and your options. Contact an experienced New Jersey employment attorney promptly about your situation.

Some cities and states have taken action to eradicate this system of discriminating against certain races via hairstyle policies. Late in April, USA Today reported that the California Senate passed a bill that, if also passed by the state Assembly and signed by the governor, would include discrimination based upon an employee or job applicant’s natural hairstyles among the list of impermissible forms of discrimination covered by that state’s Fair Employment and Housing Act. This includes hairstyles like Afros, braids or twists, which are commonly worn by African Americans.

The argument for laws like this is that, while employers cannot discriminate against African Americans explicitly, by banning certain hairstyles, they can reject African Americans’ applications, deny their promotions and even terminate their employment on a disproportionate basis. Declaring these types of policies to be a form of workplace race discrimination would protect African-American employees. According to the California senator who authored the new bill, many African-American workers in past generations have been forced to use expensive and potentially damaging chemicals on their hair to make it compliant with some employers’ sets of rules, USA Today reported.