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?
Federal investigations of workplace discrimination are done by the agency called the Equal Employment Opportunity Commission (EEOC). Employees who are victims of discrimination are required to file their claim with the EEOC before filing suit in a court of law. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.
To be successful in a racial discrimination claim, the Novato employee must also show that their employee had the required intent to discriminate based upon the person's race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Novato Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Novato lawyers will be familiarized with the requirements of your geographical region. 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.