Racial discrimination is illegal in California under the U.S. constitution and Title VII of the U.S. Code. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion offers.
What Must Be Proven in a Discrimination Claim?
The federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.
In order to succeed on a claim for racial discrimination, the Buellton plaintiff must also show that their employer intended to base the discrimination on race or nationality. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Buellton 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. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Buellton lawyers will be familiarized with the requirements of your geographical region. 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.