Racial discrimination is prohibited in California under the U.S. constitution and Title VII of the U.S. Code. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion opportunities.

What Must Be Proven in a Discrimination Claim?

The federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking matters to court, employees who have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.

To be successful in a racial discrimination claim, the Clayton employee must further prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.

How Can a Clayton Lawyer Help with My Claim?

Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Clayton lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a California lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.