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 Joaquin 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 Joaquin Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local San Joaquin lawyers will be familiarized with the requirements of your geographical region. 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.