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McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
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What is racial discrimination?

Racial discrimination involves treating someone unfavorably because of that person’s race, skin color complexion, or because of personal characteristics associated with race (such as hair texture, skin color or facial features). Race discrimination is also found when a person is treated unfairly merely because they are married to someone of a certain race.

Title VII of the Civil Rights Act makes it illegal to discriminate against someone due to their race or color. Whether you are an employee or a job applicant, an employer is prohibited from discriminating in all areas of employment, including hiring, firing, compensation, job assignments, promotions, demotions, layoffs, training, and benefits.

Harassment based on race is likewise illegal under Title VII. Harassment can include racial slurs, offensive or derogatory remarks about a person’s race or color or the display of racially offensive symbols. While minor teasing or offhand comments may not be considered harassment, frequent or severe acts that create a hostile work environment is illegal.

Related FAQs

  • Can My Employer Discriminate Against Me Based on My Hairstyle?

    Under New Jersey’s Create a Respectful and Open Workspace for Natural Hair Act, employers cannot:

    • Put forth appearance or grooming policies that limit or restrict hairstyles associated with Black ethnic, racial, and cultural identity
    • Selectively enforce other types of policies that have the effect of discriminating against some and not others; for example, “professional appearance” requirements that allow some employees to maintain long hair while Black employees with braids are told to change their hairstyle
    • Implement other policies that have the effect of limiting certain hairstyles associated with Black people in order to protect a certain “corporate image” or “customer preference”

    In addition, any policies that have the effect of a limitation that are put forth based on health and safety must be rooted in “objective, factual evidence” that the hairstyle in question “presents a materially enhanced risk of harm to the wearer or others.”

    Read More

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Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

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McOmber McOmber & Luber, P.C.

McOmber McOmber & Luber, P.C. is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

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