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 offers.

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 issues to court, employees that have been discriminated against must file their claim with the EEOC. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.

To succeed on a claim of racial discrimination, the Hercules plaintiff must further show that his employer acted with an intent to discriminate based on race or nationality. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.

How Can a Hercules Lawyer Help with My Claim?

Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Hercules lawyers will be familiarized with the requirements of your geographical region. A good California attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.