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 opportunities.
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 matters to court, employees who have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
To be able to prove a claim of racial discrimination, the Carpinteria plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Carpinteria 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. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Carpinteria lawyers will be familiarized with the requirements of your geographical region. Also, a California attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.