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 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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To be successful in a racial discrimination claim, the San Carlos employee must further prove that their employee had the required intent to discriminate based upon the person's race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a San Carlos Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a San Carlos attorney will be knowledgeable of the requirements for your particular location. 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.