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?
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 Oceanside employee must further 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 Oceanside Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary considerably, and so a Oceanside lawyer will help familiarize you with the requirements for your district. A good California attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.