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?

Federal investigations of workplace discrimination are conducted by the agency called the Equal Employment Opportunity Commission (EEOC). Employees who are victims of discrimination are required to file their claim with the EEOC before filing suit in a court of law. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.

To succeed on a claim of racial discrimination, the Portola Valley plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.

How Can a Portola Valley Lawyer Help with My Claim?

In certain instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Portola Valley attorneys will be able to help you with the requirements for your particular 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.