Racial discrimination is prohibited 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. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
To succeed on a claim of racial discrimination, the Davis plaintiff must further show that his employer acted with an intent to discriminate based on race or nationality. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Davis Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Davis 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.