Racial discrimination is banned 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 Luis Obispo employee must additionally show that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a San Luis Obispo Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and San Luis Obispo attorneys will be able to help you with the requirements for your particular region. A good California attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.