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Monday, December 16, 2024

NJ Employment Discrimination Attorney, African American Manager Passed over in Promotions

Civil rights statutes, originally conceived to end discrimination against descendants of enslaved persons, the African Americans, have not fully achieved their goals. Sadly, in spite of state and federal anti-discrimination laws, some employers discriminate in employment on the basis of race. This race-based disparity ranges from situations readily discernable, such as when African Americans hold identical job titles and are assigned the same job duties as their Caucasian co-workers, but the employer pays higher wages to the Caucasians. Other disparities may not be as easily detectible, such as when the workers are assigned different job titles yet the minority workers suffer a disparity in pay for doing essentially the same type of work. A broader basis for disparity against Black workers is the employer’s failure to promote.

DON’T SIT ON YOUR RIGHTS. If you think you are being discriminated against, you should contact this office today for a free consultation. I have represented numerous managers and other level workers and was successful in obtaining  moneys for lost wages, both for past lost wages and projected future lost wages, and in recovering financial compensation for their emotional pain and suffering as a result of the employer’s illegal discriminatory practices. See NJ Employment Discrimination Attorney, NJ Race Discrimination Employees Can File Directly in State Court.

A New Jersey law, the Diane B. Allen Equal Pay Act, is the most aggressive equal pay law in the country. It protects minorities from pay disparity when their job title differs from non-protected classes who do substantially similar work. The assignment of a different job title does not legally insulate the employer from monetary liability for race discriminatory wage practices. To learn more about the strongest equal pay law in the country, read Unequal Pay and Wage Claims - Diane B. Allen Equal Pay Act.

EMPLOYER’S FAILURE TO PROMOTE - THE BROADER BASIS FOR DISPARITY AGAINST BLACK MANAGERS

If you are a Black manager whose employer failed to promote you to a higher managerial position for which you are qualified, and you believe race may be a factor, you should contact this office today for a free consultation. DON’T SIT ON YOUR RIGHTS. I have successfully represented African Americans whose employers failed to promote them, and African American managers whose employers failed to further promote them in favor of equally or less qualified persons and was successful in getting them promoted and/or in recovering money for them.

Other than unequal pay for doing the same job, a broader basis for disparity of earned income between Blacks and Whites has it origins in that in some industries, employers fail to promote Black employees to higher management positions on par with their White counterparts, although the quality and quantity of their work equals or exceeds that of their White counterparts.

According to United States Census Bureau, persons who identify as White alone, comprise 75.3% of the population, and persons who identity as Black or African American alone, comprise 13.7% of the population.

Yet, according to national government statistics, nationally for every $1.00 a white worker earns, a black worker only earns $0.76. In some states, the disparity is even greater. For example, in a panoptic survey by the government, in New Jersey across-the-board composite statistics reveal Black workers earn $0.74 to every $1.00 a white NJ worker earns. In Louisiana, a black worker only earns $0.69 to every $1.00 a white worker earns, and in Maine, a Black worker earns only $0.63 to every $1.00 a white worker earns.

In the United States, a government survey found that for total Management, Professional, and related occupations 76.5 % are positions are held by whites, and 12.8% are held by Blacks. Yet management positions held by Blacks in many specific, but not all, management occupations are even less commensurate with the race demographics, as found the US Census Bureau.

According to the Bureau of Labor, their labor force statistics from the current population survey reveal the demographics of management positions by race. Management occupations across all industries on average are held 79.9% by whites, 9.8 % by Blacks. However, certain industries have a greater or lesser disparity, for example, in: 

Computer and Information Systems Management; Whites comprise 72.3%, Blacks comprise 7.9%.

Business, and Financial Operations Management; Whites comprise 79.7%, Blacks comprise 9.8%.    

General and Operations Management; Whites comprise 82.8% and Blacks comprise 8,4%.

Financial Management, Whites comprise 77.7%, Blacks comprise 10.1%.

Facilities Management; Whites comprise 86.0%, Blacks comprise 11.1%.

Marketing Management; Whites comprise 84.1%, Blacks comprise 7.1%.

Sales Management; Whites comprise 89.7, Blacks comprise 4.8%            

Public Relations and Fund-raising Management; Whites comprise 82.1%, Blacks comprise 12.2%

Administrative Services Management; Whites comprise 71.9%, Blacks comprise 11.9%.

Other protected classes also may be illegally passed over in promotions in favor of white males. See NJ Sex Discrimination Attorney, I Am a Female Passed over for Executive Promotions.

I have represented other minorities who worked for private employers, including banks and lending institutions, who were passed over for promotions in favor of less qualified men and was successful in recovering money for them.

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

In many instances of discrimination, if you quit your job, you may lose right to prevail in a discrimination lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of handing in a resignation letter, or think you will be fired (or have already been terminated), you should contact this office immediately for a free consultation to discuss your options.

Don’t Sit on Your Rights

I have represented Black managers and other Black employees who were illegally discriminated against by their employers, and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages. If you think you are being discriminated against, you should contact this office immediately for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.

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 every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.


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