Racial Harassment

Bergen County Employment Lawyer for Racial Harassment Claims

Racial harassment is illegal and New Jersey law prohibits employers from allowing or creating a hostile work environment because of race. If you are experiencing race-based hostility at work in Bergen County or anywhere in New Jersey, then you have options. The attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you to understand your rights and take action with a Bergen County employment lawyer by your side.

What Counts as Racial Harassment

Racial harassment includes words, actions, or patterns of conduct directed at you because of your race. It can involve slurs, threats, intimidation and repeated insults, but also can include less obvious conduct that undermines your dignity and makes it harder for you to do your job.

Overt Racial Harassment: Clear, Explicit Misconduct

Some conduct is obviously racist and unlawful. Examples include using a racial slur, displaying racist symbols, sending offensive images or memes, or making derogatory comments about a specific racial group. It also can include negative treatment tied directly to race, such as assigning less desirable shifts because of your race, excluding you from meetings for a race-based reason, or openly adopting race-based stereotypes in decision making.

Subtle Racial Harassment: Patterns That Add Up

Harassment often is subtle, but still can be unlawful when it creates a hostile work environment. Examples include inexplicable changes to job assignments, denying overtime or training opportunities without a legitimate reason, holding you to different standards you’re your peers, or nitpicking performance while overlooking similar issues for others. Standing alone, one incident may seem minor or even justified. However, over time a pattern of biased conduct can become severe or pervasive enough to be unlawful.

The Legal Standard: Severe Or Pervasive

To prove a hostile work environment under the New Jersey Law Against Discrimination (NJLAD) the conduct must be severe or pervasive and occur because of race. “Severe” means very serious conduct that potentially could be actionable even once, such as a top decision maker using a racial slur or displaying a racist symbol. “Pervasive” means frequent or ongoing conduct that, when taken together, alters the conditions of your employment.

Courts evaluate the totality of the circumstances, including how often the conduct occurred, how offensive it was, who engaged in it, whether it was threatening or humiliating, and to what extent it interfered with your work.

Harassment Versus Other Adverse Employment Actions

A hostile work environment claim focuses on the harassment itself. In contrast, decisions like firing, demotion, suspension, or denial of a promotion typically are analyzed as separate discrimination or retaliation claims. However, evidence that you suffered a wrongful termination or another adverse employment action can support your harassment case such as by showing bias or motive, but those decisions usually stand on their own rather than counting as part of the analysis of whether the harassment was sufficiently severe or pervasive..

Your Right to Complain Without Retaliation

You have the legal right to oppose racial harassment at work in good faith. It is unlawful for an employer to retaliate against you because you reported, assisted in an investigation, or requested protection from discrimination or harassment. Retaliation can include firing, demoting, reducing hours, assigning undesirable work, cutting pay, or scrutinizing work that would discourage a reasonable person from speaking up. If you are experiencing retaliation in Bergen County, you should promptly consult with a Bergen County employment lawyer to figure out the best strategy to protect your legal claims.

Practical Steps You Can Take Now

Taking a few concrete steps could strengthen your position and help your attorney build the strongest case possible:

• Document incidents in real time. Keep a private personal log of who said or did what, who witnessed it, and how it affected your work.
• Save evidence. Preserve emails, chat messages, photos, voicemails, meeting invites, and any HR submissions. But be careful not to violate company policy in the process.
• Follow reasonable company policies. If your employer has a reporting procedure, use it unless doing so would be unsafe or futile. Keep copies of your complaints and any responses you receive.
• Identify witnesses. Note coworkers who observed the conduct or experienced similar treatment.
• Seek support. If the harassment affects your health, speak to a medical or mental health professional and save related records.

These steps are not legal requirements, but often can help prove a pattern, show that management knew about the problem, and demonstrate your professionalism.

Employers’ Responsibilities

Employers must maintain a workplace free from racial harassment. When a company knows or should know about harassment, it must take prompt and effective action to stop it, remedy its effects and prevent it from happening again. That can include investigating, disciplining offenders, reversing harmful decisions, providing training, and monitoring the work environment going forward. An employer that ignores complaints, minimizes the problem, or blames the victim increases its legal risk.

Related Workplace Harassment and Discrimination

Racial harassment often overlaps with other protected categories such as harassment or discrimination based on color, national origin, ancestry, or religion.

How An Attorney Can Help

A skilled employment attorney can assess your facts, explain your options, and execute a strategy tailored to your goals. That may include negotiating immediate protections, pursuing internal resolution, attempting to negotiate a severance package, filing an administrative charge, or bringing a lawsuit seeking damages for emotional distress and economic loss, as well as attorney’s fees and other available remedies. Early legal guidance also can help you avoid pitfalls and deadlines that might limit your options.

Speak With a Bergen County Employment Lawyer

You should not have to endure racial harassment at work. If you are experiencing a hostile work environment, discrimination, or retaliation in New Jersey, contact Rabner Baumgart Ben-Asher & Nirenberg, P.C. for a confidential consultation with a Bergen County employment lawyer. Call (201) 777-2250 or contact us online to schedule your consultation. Our office is in Bergen County. We also offer remote meetings by Zoom or telephone for your convenience.

Related Information

For additional information, we welcome you to read one of the following articles from our New Jersey Employment Lawyer Blog:

• Single Racist Remark Can Be Actionable Harassment
• New Jersey Prohibits Harassment Because of Family Member’s Race
• It Happened to Me Too – When Can You Prove Harassment With Evidence of Harassment to Someone Else?
• New Jersey Prohibits Harassment Based on Mistaken Belief that Employee is Jewish
• New Jersey Court Allows Harassment Claim Based on Relatively Minor Acts
• Supreme Court Rules it is Unlawful to Retaliate Against Employee For Harassment Complaint During Investigation