Racial discrimination is banned 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?
Federal investigations of workplace discrimination are done 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 adversely than co-workers who are of a different race or nationality.
To be successful in a racial discrimination claim, the Santa Cruz employee must additionally show that their employee had the required intent to discriminate based upon the person's race. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Santa Cruz Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Santa Cruz attorney will be knowledgeable of the requirements for your particular location. An experienced California lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.
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