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 Tustin 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. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Tustin Lawyer Help with My Claim?
In some instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Tustin lawyer will be familiar with requirements in your area. Also, 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.