Racial Discrimination Attorney in New Jersey and New York

Racial discrimination in the workplace is illegal, pervasive, and underreported. It shows up as the Black employee who is passed over for promotions given to less-qualified white colleagues. The Asian worker singled out for discipline that white coworkers doing the same thing avoid. The Latino employee whose accent becomes the excuse for exclusion. The immigrant worker who is paid less, assigned worse shifts, or pushed out entirely because of where they came from. These experiences are unlawful, and the law provides a path to accountability. Thai Nguyen Law handles racial discrimination claims in New Jersey and New York.

The Legal Protections Against Racial Discrimination in Employment

Racial discrimination in employment is prohibited under Title VII of the Civil Rights Act of 1964, which covers race, color, and national origin discrimination. Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. Section 1981, provides a direct cause of action for race discrimination in the making and enforcement of contracts, including employment contracts, and does not require EEOC exhaustion or carry Title VII’s damages caps. Section 1981 is a powerful tool for racial discrimination cases because it applies to employers of any size and allows uncapped compensatory and punitive damages. The New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., provides parallel state law protection with enhanced remedies including uncapped punitive damages and personal supervisor liability.

Racial discrimination takes several legally recognized forms. Disparate treatment occurs when an employer intentionally treats an employee differently because of their race. Discriminatory harassment creates a hostile work environment when racial slurs, derogatory comments, or race-based humiliation are severe or pervasive enough to alter the conditions of employment. Racial steering and segregation in job assignments, where employees of one race are consistently assigned to less desirable roles, shifts, or locations, can support a disparate treatment or disparate impact claim. Intersectional discrimination, where the discrimination is based on the combination of race and another protected characteristic such as sex or national origin, is recognized under federal and New Jersey law.

Before filing a federal Title VII racial discrimination lawsuit, a charge must be filed with the EEOC within 300 days of the discriminatory act in New Jersey and New York. Section 1981 claims do not require EEOC exhaustion and can be filed directly in federal court within four years of the discriminatory act under the federal catch-all limitations statute. NJLAD claims can be filed directly in New Jersey Superior Court within two years under N.J.S.A. 10:5-12.1. Attorney Nguyen assesses all available statutory vehicles and their respective deadlines at the outset of every racial discrimination case.

Racial Discrimination Beyond the Workplace

Racial discrimination claims are not limited to employment. Title II of the Civil Rights Act of 1964 prohibits race discrimination in places of public accommodation including restaurants, hotels, and retail establishments. Section 1981 prohibits race discrimination in the making and enforcement of contracts in any context, including real estate transactions, business dealings, and commercial relationships. The Fair Housing Act prohibits racial discrimination in the sale, rental, and financing of housing. Section 1983 covers race-based constitutional violations by government actors, including racially motivated police conduct, racially discriminatory public school discipline, and race-based denial of government services. Attorney Nguyen handles racial discrimination claims across all of these contexts in New Jersey and New York.

How Thai Nguyen Law Handles Racial Discrimination Cases

Racial discrimination cases are built on comparator evidence, pattern evidence, and direct evidence of discriminatory intent. We obtain the complete employment record, identify similarly situated employees of other races who were treated more favorably, document any racially hostile conduct or statements, and build the timeline that connects the employee’s race to the adverse action taken. We also assess whether any stated reasons for the adverse action are pretextual and pursue discovery that exposes the employer’s actual motivations.

Our approach to racial discrimination cases includes:

Timely EEOC charge filing within 300 days for Title VII claims; direct court filing for Section 1981 and NJLAD claims
Comparator analysis identifying similarly situated employees of other races who received more favorable treatment
Documentation of any racially hostile statements, conduct, or patterns in the workplace
Review of employer performance evaluations, disciplinary records, and promotion histories for racial patterns
Assessment of Section 1981, Title VII, and NJLAD claims including damages exposure under each statute
Litigation in federal or New Jersey state court with full trial preparation from the outset

Section 1981 and Why It Matters in Racial Discrimination Cases

Section 1981 is a powerful and underutilized tool in racial discrimination cases. Unlike Title VII, it requires no EEOC exhaustion, applies to employers of any size, has a four-year limitations period, and allows uncapped compensatory and punitive damages. It covers any intentional race discrimination in the making and enforcement of contracts, including hostile work environments, discriminatory failures to promote, and racially motivated constructive discharge. In cases where Title VII claims are time-barred or the employer is too small, Section 1981 may provide the only federal remedy. Attorney Nguyen evaluates Section 1981 applicability in every racial discrimination case.

What to Expect Working With Us

01 – Free Case Review — We evaluate your situation at no cost, review your employment records, and give you an honest assessment of whether a viable discrimination claim exists.
02 – EEOC and Administrative Process — We file the EEOC charge on time for Title VII claims and manage the administrative process while preparing the civil lawsuit.
03 – Evidence Development — We build the comparator record, document discriminatory conduct, and pursue discovery that exposes the employer’s actual motivations.
04 – Litigation or Settlement — Employers contest discrimination claims aggressively. We are prepared to take these cases to federal or state court trial.

Why Choose Thai Nguyen Law?

As a refugee from Vietnam now attorney in the United States, Attorney Nguyen has lived the experience of being seen as an outsider in spaces that were not designed to welcome him. Racial discrimination cases are not abstract to him. He understands what it means when someone’s race or national origin is used against them, how that feels, and what accountability looks like. His clients get an attorney who prosecutes these cases with both legal skill and genuine commitment.

Thai Nguyen’s journey from immigrant to attorney in the United States — from refugee to immigrant to practicing lawyer — established a practice where racial discrimination claims are taken seriously and pursued fully. Thai Nguyen Law serves New Jersey and New York and handles racial discrimination cases nationwide, with services in English, Vietnamese, and Spanish.

No fees unless we win — No upfront cost on cases we accept
Free consultation — Understand your rights and options before committing to anything
Multilingual service — English, Vietnamese, and Spanish
Award-winning representation — Recognized for results in employment civil rights cases

Frequently Asked Questions

Title VII covers race, color, religion, sex, and national origin discrimination and applies to employers with 15 or more employees. It requires EEOC charge filing within 300 days, caps combined compensatory and punitive damages based on employer size, and has a 90-day deadline to file suit after receiving the right-to-sue letter. Section 1981 covers intentional race and color discrimination in contracts, applies to employers of any size, requires no EEOC exhaustion, has a four-year limitations period, and allows uncapped compensatory and punitive damages. In most racial discrimination cases, both statutes should be pursued simultaneously. Section 1981 fills gaps where Title VII’s procedural requirements create barriers. Attorney Nguyen pursues all available statutory vehicles in parallel.

National origin discrimination is prohibited under Title VII and the NJLAD alongside race discrimination. Discrimination based on a person’s accent can constitute national origin discrimination when it is used as a proxy for ethnicity or national origin rather than reflecting a genuine, material job requirement. Courts have recognized that English-only workplace policies that are applied broadly without business justification can constitute national origin discrimination. Attorney Nguyen represents immigrant workers whose accent, language, or national origin has been used against them in the workplace, and understands from personal experience what that discrimination looks and feels like.

For Title VII claims, the EEOC charge must be filed within 300 days of the discriminatory act. After receiving a right-to-sue letter, the federal lawsuit must be filed within 90 days. Section 1981 claims have a four-year limitations period and do not require EEOC exhaustion. NJLAD claims must be filed in court within two years under N.J.S.A. 10:5-12.1, or within 180 days if filed through the NJ Division on Civil Rights. New York State Human Rights Law and NYC Human Rights Law claims carry three-year limitations periods. Because multiple deadlines run simultaneously on different tracks, consulting an attorney promptly after a discriminatory act is essential. Attorney Nguyen reviews all applicable timelines at the first consultation.

Racial discrimination damages include back pay for lost wages and benefits, front pay for future lost earnings where reinstatement is not appropriate, compensatory damages for emotional distress and reputational harm, and punitive damages. Under Section 1981 and the NJLAD, punitive damages are not capped. Under Title VII, combined compensatory and punitive damages are capped at amounts ranging from $50,000 to $300,000 depending on employer size. Attorney fee recovery is available under Section 1981 and Title VII when the plaintiff prevails, and under the NJLAD as well. The NJLAD’s uncapped punitive damages and personal supervisor liability make it a powerful vehicle for serious racial discrimination claims in New Jersey. Attorney Nguyen evaluates the full damages picture at the initial consultation.

Experienced Racial Discrimination? Call Thai Nguyen Law Today.

Racial discrimination deadlines are strict and multiple statutes with different limitations periods may apply. If you have experienced racial discrimination in your workplace, housing, or other setting in New Jersey or New York, contact Thai Nguyen Law for a free, confidential consultation. No upfront fees on cases we accept. No costs unless we win.

Call or text: 201-566-1604 | Free Consultation | No Fees Unless We Win