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?
Federal investigations of workplace discrimination are conducted 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 differently than those you work with that are of other races or nationalities.
To be successful in a racial discrimination claim, the Pacific Grove employee must also prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Pacific Grove 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. Depending on where you file your claim, the procedural laws will vary greatly, and so a Pacific Grove lawyer will help familiarize you with the requirements for your district. An experienced California lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.