The Current State of Skin Color Discrimination in New Jersey’s Workplaces

The subject of racial discrimination remains a pressing concern across the globe. In the context of workplaces, this issue takes on heightened significance, as it directly affects the lives of millions. New Jersey, one of the most diverse states in the United States, is no stranger to these challenges. As we delve into the current state of racial discrimination in New Jersey’s workplaces, we seek to illuminate the issues and inspire action towards creating more inclusive, fair, and harmonious working environments.

Despite significant progress over the years, racial discrimination remains an unfortunate reality in many New Jersey workplaces. This discrimination is often based on skin color, with minority groups disproportionately affected. According to a report from the New Jersey Division on Civil Rights, there was a noticeable increase in complaints related to employment discrimination based on race or color in the last few years.

The exact nature of these discriminatory practices varies widely. Some individuals report overt incidents, such as racial slurs or direct mistreatment from superiors or colleagues. Others experience more subtle, yet equally harmful, forms of discrimination, such as implicit bias affecting promotion opportunities, job assignments, or salary increases.

The effects of skin color discrimination in the workplace are far-reaching. For the individuals affected, this can result in negative impacts on their career advancement, job satisfaction, and overall mental health. In many cases, the victims of discrimination may feel compelled to leave their jobs, leading to financial instability and a sense of disempowerment.

For businesses, skin color discrimination can lead to a loss of talent and a decrease in productivity. Additionally, the negative publicity and potential legal consequences associated with racial discrimination can be detrimental to a company’s reputation and bottom line.

Table of Contents

Legislation and Enforcement: A Closer Look at New Jersey’s Discrimination Laws

New Jersey, in its commitment to uphold equal rights and dignity for all, has established a robust legislative framework to combat workplace discrimination. The New Jersey Law Against Discrimination (NJLAD) is a particularly noteworthy piece of this legislation.

The NJLAD, enacted in 1945, is one of the oldest anti-discrimination laws in the country. It clearly prohibits discrimination based on various factors including race, creed, color, national origin, nationality, and ancestry. This law is expansive, covering not just hiring and firing, but all employment-related activities. This includes the determination of compensation and the terms, conditions, or privileges of employment. Essentially, any action that could impact an employee’s work life is under the purview of the NJLAD.

Complementing the NJLAD, New Jersey has in place the Division on Civil Rights (DCR), which serves as the enforcement agency for the NJLAD. The DCR investigates allegations of discrimination, including workplace discrimination. In cases where the DCR finds that there is probable cause to support the discrimination complaint, it can pursue remedies including cease and desist orders, monetary damages, and changes in employer policies.

The Dual Pandemic: A Case Study on the Disproportionate Impact of COVID-19 and Workplace Discrimination on Nonwhite Nurses in New Jersey

Researchers from Rutgers School of Nursing conducted a study in 2020 revealing the combined impact of the COVID-19 pandemic and workplace discrimination on nonwhite nurses in New Jersey. Coined a “dual pandemic” due to the severity of the impact of these intertwined factors, this situation calls for immediate attention and action.

The study, led by Associate Dean and Associate Professor of Nursing Science Charlotte Thomas-Hawkins, was one of the first to quantitatively assess the intersection of pandemic-related fears and experiences of racism in the workplace. Its findings provide critical insights into the plight of frontline health workers, particularly nonwhite nurses, amid the ongoing pandemic.

The study was carried out during a lull in the pandemic in September 2020 and involved nearly 800 nurses working in acute care hospitals across New Jersey. The participants completed online questionnaires probing various factors, including emotional distress, worries and concerns related to COVID-19, perceptions of the workplace racial climate, and experiences of racial microaggressions.

The key findings from the study were alarming:

Higher Levels of Emotional Distress: Nonwhite nurses reported significantly higher levels of emotional distress and overall worry about COVID-19 than their white counterparts. A staggering 61% of nonwhite nurses were very worried about COVID, compared to 41% of white nurses.

Negative Racial Climate: Nonwhite nurses perceived their workplaces to be more racially charged. Among these nurses, Black nurses reported experiencing the most negative racial climates.

Racial Microaggressions: Nonwhite nurses were more likely to experience racial microaggressions, with Black nurses encountering the highest number of such incidents compared to all other racial groups.

This research underscores the dual burden faced by nonwhite nurses in New Jersey, grappling with the heightened risks of COVID-19 and the negative impacts of workplace racism. As Thomas-Hawkins remarks, the psychological effects of this dual pandemic could linger long into the future, affecting both the individuals involved and the healthcare industry as a whole.

Addressing this issue is imperative for fostering a diverse and inclusive healthcare workforce. Tackling workplace racism is a critical step towards alleviating the individual-level psychological harm experienced by nonwhite nurses. As the COVID-19 crisis continues to unfold, it’s crucial to ensure that frontline healthcare workers receive the support they need, both in terms of protecting their physical health and safeguarding their psychological wellbeing from the insidious impacts of discrimination.

Systemic Bias Within the Ranks: A Case Study on the New Jersey State Police and Workplace Discrimination

In a disturbing revelation, 17 current and former troopers have accused the New Jersey State Police (NJSP) of promoting white male troopers over minority groups, a clear indication of institutional bias and discrimination. The accusations are deeply rooted, citing numerous instances of discrimination, retaliation, and harassment experienced by troopers who belong to minority groups.

Documents from the law firm Burnham Douglass, representing the plaintiffs, paint a troubling picture of a work environment that fosters discriminatory practices. Despite a diverse state population and a legal framework in place to prevent such issues, around 84 percent of the NJSP’s 3,181 troopers are white males, demonstrating a stark disparity in representation. The case of Brian Polite, the only Black male major in the NJSP, offers a compelling example of this systemic bias. Polite, who oversees the recruiting unit and the diversity and inclusion unit, was reportedly bypassed for promotion and subjected to racist remarks. His case reflects the law firm’s description of the promotion of minorities within the NJSP as “abysmal.”

Another key figure in this controversy is Superintendent Patrick Callahan, who has been criticized for perpetuating an environment that allows these practices to persist. Despite the criticism, Callahan enjoys continued support from Governor Phil Murphy, demonstrating a broader lack of accountability within the system. The NJSP’s practices have allegedly extended beyond race-based discrimination. Two openly homosexual troopers, John Hayes and Jamie Lascik, sued the NJSP under the New Jersey Law Against Discrimination. They were overlooked for promotions in favor of a “heterosexual lesser qualified male,” illuminating the prejudice faced by LGBTQ+ individuals within the NJSP.

Further troubling are the cases of several troopers with questionable records receiving promotions. Instances of misconduct, DUI charges, and even allegations of violence did not prevent these individuals from ascending the ranks, further undermining the NJSP’s commitment to fairness and integrity. The lawsuits, if substantiated, represent a systemic failure within the NJSP to ensure equal opportunities for all troopers, regardless of their race, gender, or sexual orientation. They underscore a pressing need for comprehensive reforms within the NJSP, with an urgent focus on promoting diversity, inclusivity, and fairness.

In the face of these alarming revelations, the need for a thorough investigation and subsequent action is clear. As a law enforcement agency serving one of the nation’s most diverse states, the NJSP should embody the principles of equality and justice it is tasked with upholding. This case study serves as a stark reminder that workplace discrimination remains a pervasive issue, even within the institutions entrusted with upholding our laws, underscoring the urgent need for systemic change.

Looking Forward: New Jersey and Workplace Discrimination Based on Skin Color

Addressing skin color discrimination in New Jersey’s workplaces requires a multi-faceted approach. Enhanced enforcement of existing laws, increased awareness and education about discrimination, and proactive steps by employers to promote diversity and inclusion are all crucial elements.

While the state still has a long way to go to eradicate workplace discrimination, the increasing awareness and discussions about racial bias signal a step in the right direction. As we move forward, it is our collective responsibility to challenge discriminatory behavior and foster workplaces that celebrate diversity and uphold equality. The pursuit of racial justice, after all, is not just a matter of law, but also a question of humanity and dignity.

To learn more about New Jersey’s anti-discrimination law, you can watch the video below entitled “Is it Time for New Jerseyans of all Sizes to be Protected?” Ty Hyderally is the founder of Hyderally & Associates, P.C., a law firm with branches in Montclair, New Jersey, and New York. Mr. Hyderally holds a prestigious position among the Top Ten Leaders in Employment Law in Northern New Jersey. His legal expertise primarily focuses on Employment Law, tackling cases related to workplace harassment, and discrimination on the basis of race, religion, age, gender, and sexual orientation, among other employment-related issues.