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 Westminster plaintiff must further show that their employer intended to base the discrimination on race or nationality. 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 Westminster Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about 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 Westminster attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, a California lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.