Racial discrimination is banned in Alabama under the U.S. constitution and Title VII of the U.S. Code. Employers may not take race into account according to these laws when hiring or recruiting workers, or when determining wages and promotion offers.
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. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
The Helena plaintiff must additionally be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. 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 Helena Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Helena lawyer will help familiarize you with the requirements for your district. A good Alabama attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.