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. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
In order to succeed on a claim for racial discrimination, the Visalia plaintiff must further show that their employer intended to base the discrimination on race or nationality. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Visalia Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Visalia 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.