Racial discrimination is illegal in California 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 deciding wages and promotion offers.
What Must Be Proven in a Discrimination Claim?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the power to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
In order to succeed on a claim for racial discrimination, the Aliso Viejo plaintiff must also show that their employer intended to base the discrimination on race or nationality. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can an Aliso Viejo Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Depending on where you file your claim, the procedural laws will vary considerably, and so an Aliso Viejo lawyer will help familiarize you with the requirements for your district. An experienced California lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.