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Wednesday, November 11, 2020

NJ Employment Attorney, Historical Racism Part V, Forced Labor and Black Codes Post 14th Amendment


The roots of government ordered apartheid in the United States was not just during slavery but continued beyond the passage of the 13th Amendment which abolished slavery, and apartheid and Jim Crow continued into the 20th century.

Apartheid is a government law, policy, or legal system of segregation or discrimination on grounds of race. Post the 13th Amendment in 1865, apartheid in the US became legally enacted through harsh black codes, Jim Crow laws. 

Three years later, in 1868 after the passage of the 14th Amendment which attempted to stop states’ restrictions of rights of Blacks, apartheid, euphemistically known as “Jim Crow”  nevertheless continued. This government ordered strict-segregation-by-race was established by statutes and ordinances that detailed and limited every aspect of a black person’s life, restricted their civil rights, limited their freedom of movement, where they could walk, prohibited their use of parks and from entering other places.


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Monday, November 2, 2020

New Jersey Employee, I Am Only Minority in My Workplace, Is Lack of Diversity Illegal?


If you are the only minority in a protected class in your workplace, you may wonder if such a lack of diversity is illegal. It is not necessarily illegal. Whether or not it is actionable depends on numerous facts, but one lawsuit has recently been brought against a federal agency to have more transparency in data as to diversity in the workplace, to enable them to identify enforcement priorities as to civil rights in employment. Several States have filed a lawsuit against the Equal Employment Opportunity Commission ( EEOC) over the EEOC’s policy that limits states’ access to employer data on workplace diversity. These states allege that this data is critical for them to be able to enforce discrimination laws by identification of civil rights violations.


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Tuesday, October 27, 2020

NJ Employment Attorney, Historical Racism Part IV, Post Supreme Court Brown v. Board of Education, Apartheid Continued


It was not until the 1954 that the Supreme Court overturned the Plessy v. Ferguson 1896 decision and the "separate but equal" doctrine, yet government mandated apartheid continued in many states.

Brown v. Board of Education

In Brown v. Bd.


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Tuesday, October 13, 2020

NJ Employment Attorney, Historical Racism Part III, Apartheid Subsequent to 14th Amendment


For continuity,  you may read about the history of apartheid and Jim Crow laws in the September 22th and October 6th articles.

The 13th Amendment to the Constitution abolished slavery in the United States in 1865. However, government mandated apartheid continued in many states through Jim Crow laws.

The 14th Amendment to the Constitution

Legally enforced segregation by race restricting every aspect of a Black person’s life relegating them to  inferior conditions, education, services and restrictions of their rights, including where to live and their voting rights, continued in many states.

 


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Tuesday, October 6, 2020

NJ Employment Attorney, Historical Racism Part II, Post Civil War Apartheid and Jim Crow


For continuity,  Part I of this article may be reviewed here.

Post-Civil War: Jim Crow

Following the abolition of slavery, there still existed government mandated segregation by race and oppression due to race across the board. Apartheid, euphemistically known as “Jim Crow” in the United States, began in the 1870's post slavery at the end of the period of Reconstruction. “Jim Crow” laws were government mandated racial segregation in all public facilities in the states of the former Confederate States of America and in some border states and other states. Jim Crow laws were outlawed, theoretically in 1964 with the Civil Rights Act, although some still were in effect.


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Tuesday, September 22, 2020

NJ Employment Attorney, Historical Racism Part I


Centuries of racial oppression and strife unfortunately have not been eliminated within this 21st century. Persisting cultural racism exists in many of this country’s institutional and business practices including in high-end professional occupations. There is a close proximity in time to the institution of slavery to persons living today. There is an even closer temporal proximity to the the time of “Jim Crow” or government mandated apartheid. Unfortunately, deeply ingrained cultural racial ideology, has a persisting existence in present time despite the passage of Civil Rights Statutes.


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Tuesday, September 15, 2020

My NJ Boss Fires Older Women but Not Older Men


https://www.eeoc.gov/reports/state-age-discrimination-and-older-workers-us-50-years-after-age-discrimination-employment.

Older women may experience more age discrimination in the workplace than men. Sex discrimination and age discrimination go hand-in-hand and are a workplace reality for many older female workers.


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Tuesday, September 8, 2020

My NJ Employer Doesn’t Like My Hairstyle, CROWN Act


Centuries of racial oppression and strife unfortunately have not been eliminated within a few generations. Despite the passage of civil rights statutes making it illegal to discriminate based on race, cultural racism still has a persisting existence manifesting in many of this country’s cultural ideologies and institutional and business practices. The implementation of anti-discrimination statutes often fail when the statute does not list specific examples of such underlying cultural bias. The passage of laws to outlaw cultural bias, which do define specific examples of systemic racism, is helpful to nudge the country forward toward eliminating centuries’ old underlying cultural bias.

One such law to outlaw cultural bias is the CROWN Act, signed by NJ Gov.


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Tuesday, August 25, 2020

Age Discrimination ADEA Claims Clarified, Part II


In New Jersey, a plaintiff may file an age discrimination claim under the the New Jersey Law Against Discrimination ( “NJLAD”) in state court without having to first exhaust the time consuming administrative process required by the Age Discrimination in Employment Act (ADEA). The NJLAD is a New Jersey state law that applies to private, municipal, county and state employers, all employers in New Jersey (except for certain federal employers).

In the recent ruling in Babb v. Wilkie, 140 S. Ct.


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Tuesday, August 18, 2020

Age Discrimination Claims Clarified as to ADEA Standards Between Federal and Private Sectors Part I


The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees who are 40 years of age or older from employment discrimination based on age. The ADEA applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations and the federal government.

In a recent case brought by a federal worker under the ADEA, in the ruling by the US Supreme Court in Babb v. Wilkie, 140 S. Ct.


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Wednesday, August 12, 2020

Police Brutality Violating Federal Law Section 1983


Recent news reporting of police brutality has resulted in many persons having a heightened interest in Federal Law regarding abuses by persons acting under color of state law, particularly in regards to racial bias, following George Floyd’s death on May 25th, a black man who died in police custody following a brutal police assault that was captured in a bystander video which went viral. The deprivation of rights by police officers is prohibited in many state statutes and in the Federal Statute, 42 USCS § 1983. When a person is acting in an official government capacity, such as a police officer, he is acting under “color of state law.” A police officer does not have to be on the clock or in uniform to be acting under  “color of state law.” If off-duty police officers flash their badge to represent they are acting within the scope of their police authority, their acts may still be covered under 42 USCS § 1983.


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