In New Mexico, racial discrimination is prohibited under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, determining wage levels, or promotions and benefits.

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 discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.

To succeed on a claim of racial discrimination, the Sunland Park plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.

How Can a Sunland Park Lawyer Help with My Claim?

Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Sunland Park lawyers will be familiarized with the requirements of your geographical region. A good New Mexico 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.