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. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.

To be successful in a racial discrimination claim, the San Clemente employee must further show that their employee had the required intent to discriminate based upon the person's race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.

How Can a San Clemente 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. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a San Clemente attorney will be knowledgeable of the requirements for your particular location. Furthermore, a California attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.