| There are three steps to establish a claim for | | | | race, or that the circumstances surrounding your |
| race discrimination in New Jersey. First, you | | | | demotion, suspension or termination give rise to |
| must demonstrate a prima facie case. Second, | | | | an inference that you were terminated based on |
| the employer will articulate a legitimate, | | | | your race. |
| non-discriminatory reason for its action (demotion, | | | | 2. Employer's Reason That Not Based On Race |
| suspension, termination, demotion). Third, you | | | | This element is met very easily by your employer |
| are required to demonstrate the reason offered | | | | by providing a reason for your demotion, |
| by your employer was a mere "pretext" and that | | | | suspension or termination. Typcially the |
| the true reason for the employer's action was | | | | employer will point to various alleged performance |
| unlawful racial discrimination because you are | | | | issues, skills, or state that you were unable to |
| african american, black, asian, etc. It is then up | | | | perform your job. |
| to a jury to determine whether they believe the | | | | 3. Pretext for Race Discrimination |
| employer's stated reason for its action was not | | | | You may demonstrate that your employer's |
| the true reason for its actions. | | | | proffered reason for demoting, suspending or |
| 1. Prima Facie Case of Race Discrimination - | | | | terminating you is a mere "pretext" by showing |
| Demotion/Suspension/Termination | | | | that your race was more likely than not the |
| You must first establish that you are a member | | | | motivating factor of the employer. You can also |
| of a protected class, i.e. an african american, | | | | demonstrate this by providing indirect evidence |
| black, asian, hispanic, caucasion, white or other | | | | that your employer's stated reason is not reliable |
| protected characteristic. The next step is for you | | | | or believable. |
| to demonstrate that you performed your job | | | | If you are able to meet all of the elements |
| which met your employer's legitimate | | | | mentioned above, you may succeed on a claim of |
| expectations. Notwithstanding the fact that you | | | | race discrimination. |
| met your employer's legitimate expectations, you | | | | Please contact Castronovo & McKinney to |
| were firedemoted, suspended or terminated. | | | | discuss your possible race discrimination case and |
| The next step is to demonstrate that you were | | | | call us at (973) 920-7888 if you believe you have |
| later replaced by another race or that you were | | | | been discriminated against based on your race. |
| treated differently than members of another | | | | |