Current Events

Monday, April 29, 2024

NJ Race Discrimination Attorney, The Ending Forced Arbitration of Race Discrimination Act

A bill introduced by Sen. Cory A. Booker (D-NJ), The Ending Forced Arbitration of Race Discrimination Act of 2023, may bring some relief to employees experiencing race discrimination at work. Many Black employees and other employees of color are prohibited from filing a race discrimination lawsuit against their employer because at the time of their application to work for the employer, or after they began working, they signed an agreement that they would go to an arbitration proceeding to resolve all claims arising out of their employment, rather than file a lawsuit in a court where a jury may decide the outcome. This bill prohibits a predispute arbitration agreement from being valid or enforceable with respect to a case relating to a race discrimination dispute at the election of the person alleging the discrimination. This bill, if it passes both houses of Congress and gets signed by the then sitting President, will give workers who have suffered racism at work, the choice to go to court rather than be forced into an arbitration proceeding. President Joseph Biden has indicated he will sign this bill if it passes both houses of Congress. The full text of the Bill can be found here.

IF YOU ARE EXPERIENCING RACISM AT WORK, YOU SHOULD CONTACT THIS OFFICE IMMEDIATELY FOR A FREE CONSULTATION. I ACCEPT CASES FROM ALL OVER NJ AND HAVE LOCATIONS IN SOUTHERN, CENTRAL, AND NORTHERN NJ TO MEET WITH CLIENTS.

The Ending Forced Arbitration of Race Discrimination Act Carves out Another Exception to the Federal Arbitration Act Which Mandates That Employee Employment Arbitration Agreements Are Enforceable

Forced arbitration agreements shield workplace perpetrators of racism instead of holding them accountable for their heinous acts. Forced arbitration agreements gives employers a legally enforceable instrument to hide discriminatory racial misconduct. Employers are afraid of being sued by an employee in a Court of Law because the employee has a better chance of prevailing in a court than they would in an arbitration, which favors the employer. Additionally, if the employee does prevail in court, the employee’s damages awarded, which are decided by a jury of his/her peers, are likely to be much higher in a lawsuit filed in Court compared arbitration, where there is no jury. Forced arbitration clauses deprive employees of civil rights protections provided by courts.

Another exception to the Federal Arbitration Act

Previous to President Biden’s indicating he will sign this bill if it passes both Houses of Congress, President Biden signed other legislation which was a watershed event for employees, The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, thereby a turning point and breaking ground with this progressive pro-employee civil rights law. President Biden Signed Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 on March 3, 2022. This landmark legislation carves out an exception to the Federal Arbitration Act which mandates that employee employment arbitration agreements are enforceable.

The Federal Arbitration Act mandated that employee disputes must have their disputes resolved through binding arbitration if they signed an arbitration agreement. Arbitration in many instances favors the employer and the arbitrator’s decision is not appealable to an Appellate Court as is a lawsuit filed in Superior Court

Black employees called racist names and experiencing other race discrimination should be allowed court access

Many Black employees are still experiencing race discrimination, racial harassment and retaliation in today’s New Jersey workplace. It can be a failure to promote, or receiving less money for doing the same job that employees of other races receive for essentially the same work, outright wage theft, being subjected to racial harassment, and personally being called, or having your race be referred to, by extreme racist slurs and racist epithets, including use of the n-word.

Many erroneously assume the times of using racist slurs in the NJ workplace are past. They are wrong. Severe racist name calling is still far too common in some NJ workplaces. The connotation behind the slur itself, whether directed to an individual of a class of persons, can materially contribute to the remark's severity and its psychological effect. When acts of racist epithets occur in one’s workplace, they are especially egregious and capable of engendering a severe impact.

What You Can Do

I am an aggressive and compassionate employment law attorney who is experienced in successfully representing employees who suffered race discrimination, including government workers and private employees. I have represented numerous Black workers, both government workers and private employees, who were subjected to racism at work, who suffered the most extreme racial slurs, who were denied promotions, paid less than other employees who did substantially the same work in violation of the Diane B. Allen Equal Pay Act, and who were retaliated against for bringing their complaints about these illegal acts, and I was successful in obtaining multiple six figure moneys for lost wages, both for past lost wages and projected lost future earnings and in recovering financial compensation for their emotional pain and suffering.

If you find yourself in a situation with inadequate job security because of the aforementioned issues, if you are thinking of resigning, or have been fired or think you will be fired, are being pushed out of your job or retaliated against, you should contact this office immediately for a free consultation.

If You Quit Your Job, You May Lose Right to Prevail in a Lawsuit.

If you quit your job, you may lose your right to prevail in a lawsuit. If you are thinking of quitting, or you think you will be fired, you should know that you may lose your right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of quitting, or think you will be fired, you should contact this office immediately to discuss your options in the safest way for you.

Let Me Fight for You.

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and in every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.


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