The U.S. Constitution and Title VII of the U.S. Code both make racial discrimination illegal in the state of Virginia. According to these laws, employers may not take race into account when hiring, recruiting, determining pay or offering promotions.

What Must Be Proven in a Discrimination Claim?

Before taking their discrimination claim to court, an employee must file their claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency which has authority to investigate any claims of discrimination in the workplace. 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 Petersburg 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 Petersburg 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. Depending on where you file your claim, the procedural laws will vary greatly, and so a Petersburg lawyer will help familiarize you with the requirements for your district. An experienced Virginia lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.