Color Discrimination

Legal Protection Against Discrimination Based on Skin Color

Color discrimination is a violation of the law in New Jersey. It occurs when an employer treats you less favorably because of the color of your skin. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we represent employees who have been subjected to discrimination or harassment based on skin tone, complexion, or pigmentation. If you faced mistreatment at work because of your skin color, our Bergen County employment lawyers can help you understand your rights and pursue the justice you deserve. We represent employees who live and work throughout New Jersey.

What Is Color Discrimination?

Color discrimination focuses specifically on the shade or tone of a person’s skin, regardless of their race or national origin. For example, it is unlawful for an employer to fire, refuse to hire, demote, or harass an employee because they are lighter-skinned or darker-skinned than others.

Employment decisions must be based on skills, qualifications, and job performance—not on the color of your skin. When employers allow bias, prejudice, or stereotypes to dictate workplace treatment, they violate state and federal law.

Examples of Unlawful Employment Actions

Color discrimination can take many forms in the workplace. Common examples include:

• Refusing to hire or promote someone because of their skin tone
• Paying an employee less than colleagues of the same position and experience due to their color
• Subjecting an employee to harassment, insults, or derogatory comments based on their complexion
• Isolating or excluding employees with darker or lighter skin from key projects or meetings
• Suspending, demoting, or firing an employee because of their skin color

If you have been subjected to any of these actions, you may have a legal claim.

Intra-Race and Same-Origin Color Discrimination

Color discrimination is not always between people of different races. It also can happen between individuals of the same race or who share the same national origin. This sometimes is referred to as colorism or intra-race discrimination.

For example, a supervisor who is Latino may favor lighter-skinned Latino employees over darker-skinned ones, or an African American manager may treat darker-skinned employees less favorably. These practices are just as illegal as discrimination between individuals of different races.

Related Claims: Race and National Origin Discrimination

Employers who discriminate against employees based on color frequently also engage in broader patterns of unlawful bias. In particular, color discrimination often overlaps with race or national origin discrimination. Whether your claim involves color, race, or national origin, the New Jersey Law Against Discrimination (NJLAD) provides strong protections for workers.

Protection Against Retaliation

Employees are legally protected from retaliation when they speak up about discrimination. If you make a good faith complaint to your employer, grievance with human resources, or complaint to a state or federal agency about color discrimination, your employer cannot legally punish you for doing so.

Retaliation can take many forms, such as termination, pay cuts, denial of promotions, reassignment to undesirable shifts, or harassment. If your employer retaliates after you raise these types of concerns then you may have an additional legal claim.

Frequently Asked Questions About Color Discrimination

Q. What is the difference between color discrimination and race discrimination?

A. Race discrimination involves treating someone unfairly because of their race or racial identity, while color discrimination focuses specifically on the shade, tone, or pigmentation of a person’s skin. Even within the same race, treating a darker-skinned or lighter-skinned employee less favorably is unlawful.

Q. Can my employer fire me for reporting color discrimination?

A. No. Both New Jersey and federal law protect you from retaliation when you make a good faith complaint about discrimination. If your employer fires, demotes, or harasses you after you report color discrimination, that conduct may give rise to a separate legal claim.

Q. What should I do if I believe I am experiencing color discrimination at work?

A. You should document the incidents in detail, including dates, times, and what was said or done. Save any written communications, such as emails or text messages. Depending on the circumstances, you also may want to report the behavior to human resources or a supervisor. However, you should not be required to tolerate continued mistreatment. Speaking with a Bergen County employment lawyer at our firm can help you understand the best next steps.

Remedies for Victims of Color Discrimination

If you have been a victim of color discrimination in New Jersey, you may be entitled to:

• Reinstatement to your job if you were wrongfully terminated
• Back pay and lost benefits
• Compensation for emotional distress
• Attorneys’ fees and costs
• Changes to your workplace policies and practices to prevent future discrimination

Every case is unique. Speaking with a Bergen County employment lawyer can help you understand the remedies that may be available in your situation.

Schedule a Consultation with a Bergen County Employment Lawyer

You deserve to be judged by your work performance—not by the color of your skin. If you have faced discrimination or harassment at your job based on your skin color, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. Our attorneys are committed to protecting employees’ rights and holding employers accountable for unlawful behavior.

You can call us today at (201) 777-2250 or contact us online to schedule a consultation with an experienced Bergen County employment lawyer. We represent clients throughout the state, and offer in-person meetings at our Montvale office as well as remote consultations by Zoom or telephone.