Racial Equality in the US workplace as to racially unbiased promotions, equal pay for equal work, etc., is still too frequently nothing more than a cultural fiction. Racism in employment may go unrecognized when blatant racism has been exchanged for subtle, hidden biases. Employers, concerned about civil rights laws, proceed with caution fearing lawsuits, but this concern does not necessarily abate their applying different standards in evaluating an employee’s worth to the company and utilizing different criteria in Employee Performance Evaluations, when the employee is a person of color. This could be intentional if the person with the authority to promote is aware of their own racial bias but simply doesn’t care. But the disparity in promotions based on race can be largely attributed to an absence of an honest and open recognition that biased stereotypes and widespread systemic racism still exists in the American workplace as well as in other widespread cultural contexts.
Don’t sit on your rights. I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were subjected to racism at work and failure to promote based on race, and in recovering financial renumeration for their past and future lost wages, humiliation, pain and suffering. New Jersey Race Discrimination Lawyer. If your employer is discriminating against because of your race/ethnicity, you should contact this law 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. Call today for a free consultation.
Evaluations Appearing to Be Race Neutral May Contain Hidden Racist Assumptions
Criteria to evaluate an employee’s performance has to be to be measured and uniformity applied. But while the questions and criteria itself may appear to be racially neutral, the terminology itself may contain a hidden cultural bias to screen out certain applicants based on race. The structure and language of Employee Performance Evaluations varies with employers, but most are based on various subjective and objective criteria. This means that there will be some aspects of the evaluation that will be based on concrete measurements, such as the number of sales an employee has closed, as well as some aspects that are a matter of opinion, such as the employee’s demeanor. An employee may unjustly be given a negative review when the employer has made the decision to terminate an employee but needs a reason, in an attempt to avoid a lawsuit, this bogus reason is known as a pretext for discrimination These motives can usually be inferred from the timing or the circumstances surrounding the review.
The performance evaluation process is unfair if review is given based on the evaluator’s ulterior motive or bias. New Jersey Whistleblower Laws Attorney. This is illegal when it related to a discriminatory or retaliatory purpose. For example, a person may be given a negative review due to a protected characteristic, such as race or age. It could be retaliatory if employee is given a negative review in retaliation for making some sort of complaint or uncovering/refusing to participate in some wrongdoing. See New Jersey Employment Attorney, Upper Management Corporate Whistleblowing and Concerns of Retaliation.
Artificial Intelligence and Promotion Decisions
Rapidly Evolving, Nascent AI Technology Used by Employers May Lead to a Risk of Adverse Consequences for Employees with Certain Legally Protected Characteristics
When AI is utilized to form a basis of the employee performance evaluations, the functionality of AI algorithms and machine learning applications may reveal (either not intended by the employer or else by design) protected class characteristics such as race or age. This can lead to a perception by the employer, that based on the statistical past performance records of persons in that same protected class, that the employee being evaluated, rightly or wrongly, is not the best person to be promoted. There is a potential danger of employment discrimination based on the employer’s biased conceptions of the abilities of the worker to keep up with advancements because of employer’s AI tools containing algorithms which either due to the employer’s intentions or ignorance can have a discriminatory impact on certain protected classes of employees, such as race, ethnicity and age.
AI Has Not Eliminated These Built in Hidden Biases but May Actually Accentuate Them
AI used to evaluate employee performance utilized for selecting employees for promotions could be subject to bias in the promotion selection process if protected characteristics are a functionality of AI algorithms and machine learning applications, whether or not apparent to the reader.
Artificial Intelligence Can Develop Biases Through Machine Learning Applications and Functionality of AI Algorithms
As a technological concept, AI is not inherently biased, but such technologies can either deliberately on the part of the employer, or inadvertently, develop biases through machine learning applications and the functionality of AI algorithms, making it all the more crucial for wronged workers to be aware of workplace discrimination. Discrimination is a significant risk of AI misuse by employers. When employers fail to understand the functionality of AI algorithms or do not recognize discriminatory violations caused by the application of certain AI tools in the workplace, it can lead to illegal discrimination. New Jersey Ethnic Discrimination Lawyer.
Black or African American Employees Are among the Lowest Rate of Those Holding Management Positions According to US Government Statistics
According to the 2025 Labor Force Statistics from the Current Population Survey, Black or African American employees are among the lowest rate of those holding management positions compared with other racial groups. This is true in all professional and related occupations. According to the U.S. Bureau of Labor Statistics, African Americans or Blacks hold the least amount in the specific management positions of CEO’s, Marketing Managers, Sales Managers, Industrial Production Managers, Purchasing Managers, Architectural Managers, Engineering Managers, when compared to the percent of the African American employees who are totally employed in those specific fields.
According to the U.S. Bureau of Labor Statistics released in 2025, a breakdown of the percent of the African American employees holding specific management positions in specific fields, as compared to the percent of the African American employees who are totally employed in those specific fields is as follows:
Management, Business, and Financial Operations Occupations, 9.5%
Management Occupations, 8.8%
Chief Executives, 5.6%
General and Operations Managers, 8.4%
Advertising and Promotions Managers, 16.0%
Marketing Managers, 5.7%
Sales Managers, 5.0%
Human Resources Managers, 9.8%
Training and Development Managers, 4.8%
Industrial Production Managers, 10.5%
Purchasing Managers, 5.1%
Architectural Managers, 3.7%
Engineering Managers, 3.7%
Disparity Is Larger among Black Females Including Those with Higher Education
According to government statistics, BLS REPORTS Labor force characteristics by race and ethnicity, disparity based on race is evidenced in all occupations and includes those who have attained higher degrees from Bachelors and upward. There is an exacerbated bias when there is black-plus-female demographic, where there is an intersection of bias against the African American or Black employees and bias against the female sex. African American females experience more a greater negative disparity than they would based on their sex or race alone. See NJ Employment Attorney, Black Female Employees and Discrimination at Work.
In many instances of discrimination, if you quit your job, you may lose 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 handing in a resignation letter, you should contact this office immediately for a free consultation to discuss your options.
What You Can do
I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were subjected to racism at work and failure to promote based on race, and in recovering financial renumeration for their lost wages, humiliation, pain and suffering. If you are experiencing discrimination in the workplace, 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.