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 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. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
The Tiburon plaintiff must also be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Tiburon Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Tiburon attorney will be knowledgeable of the requirements for your particular location. An experienced California lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.