When you sue for race discrimination, two of the main avenues you can follow to pursue your case are either disparate impact or disparate treatment. Under federal law, disparate impact discrimination occurs when your employer had policies or practices that had a disproportionately negative impact on people of your race. Disparate treatment occurs when you (or you plus others of your race) were treated less favorably than other workers in similar situations who were not members of your race. Each kind of case requires accumulating the right amount and the right kind of proof, and knowing how to use that evidence to its maximum effect, so be sure you have a knowledgeable New Jersey employment attorney handling your case.
A recent federal case from here in New Jersey is a good example of how a disparate treatment discrimination claim can work. J.D. was a security supervisor at a popular Atlantic City casino. The casino fired him after an incident with a verbally aggressive and apparently intoxicated panhandler.
In that encounter, J.D. used a “leg sweep” move to take the man’s legs out from under him. The panhandler was not physically injured in the takedown. However, the employer nevertheless fired J.D. for using excessive force. J.D., who was African-American, sued the employer for race discrimination.