Is Color Discrimination the Same Thing as Race Discrimination?
The New Jersey Law Against discrimination (LAD) is a state law that protects workers against job-related discrimination, including both racial discrimination and color discrimination. These two types of workplace discrimination are closely linked, but they are not the same thing. Here, our New Jersey race discrimination attorney provides an overview of the key things to know.
Understanding the Difference Between Color Discrimination and Race Discrimination
While color and race discrimination are closely related, they are legally distinct forms of workplace bias. Race discrimination involves treating someone unfavorably because they belong to or are perceived to belong to a specific race (Black, Asian, Latino, White). On the other hand, color discrimination refers specifically to unfavorable treatment based on a person’s skin tone or complexion. It can and often does have a racial element, but it is also more complex and can occur amongst people within the same racial group.
For example, if two Black employees are treated differently because one has a lighter skin tone, the mistreatment may qualify as color discrimination. It is important to recognize this distinction because a claim of color discrimination may succeed even where there is no broader evidence of race-based bias. A business that hires light skin African Americans but not dark skin African Americans may commit color discrimination even without any racial discrimination.
An Employee May Be the Victim of Both Types of Discrimination
Color and race discrimination often occur together. Indeed, in many cases, a person may experience both. For instance, an Afro-Latino employee could face racial discrimination from coworkers who stereotype them based on their heritage, and also color discrimination if supervisors treat lighter-skinned Latino workers more favorably. Although they are distinct types of discrimination that can fully justify a claim on their own, racial discrimination and color discrimination are closely linked. It is not uncommon for a job applicant or employees to have both claims at once. Courts in New Jersey recognize that discrimination can be intersectional.
All Employers in New Jersey are Covered By the LAD
The LAD protects workers in New Jersey against both race-based discrimination and color-based discrimination. Notably, New Jersey state law applies far more broadly than its federal counterpart. All employers in New Jersey are covered by the LAD regardless of their size. Under the LAD, it is unlawful for an employer to make decisions about hiring, firing, promotions, compensation, or job assignments based on a worker’s race or skin color. Affected workers can file a complaint with the New Jersey Division on Civil Rights and/or bring a civil employment lawsuit.
Call Our New Jersey Workplace Discrimination Attorney Today
At Poulos LoPiccolo PC, our New Jersey employment discrimination lawyer takes on all types of racial discrimination cases. If you have any questions about a color discrimination claim or a race discrimination claim, please do not hesitate to contact us today for a fully confidential initial case review. We handle race discrimination cases statewide in New Jersey.
Source:
nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
