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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
To succeed on a claim of racial discrimination, the Downey plaintiff must also prove that his employer acted with an intent to discriminate based on race or nationality. 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 Downey Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Downey lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a California lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.
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