Racial discrimination is prohibited 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 Atherton plaintiff must further show that their employer intended to base the discrimination on race or nationality. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can an Atherton Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary considerably, and so an Atherton lawyer will help familiarize you with the requirements for your district. A California lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.