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 determining 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 authority 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 employees who are of another racial background.
In order to succeed on a claim for racial discrimination, the Atwater plaintiff must also prove that their employer intended to base the discrimination on race or nationality. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can an Atwater Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so an Atwater lawyer will help familiarize you with the requirements for your district. A good California attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.