Racial discrimination is banned in Florida under the U.S. constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, deciding wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
Before taking their discrimination claim to court, an employee must file their claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that has authority to investigate any claims of discrimination in the workplace. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.
To be successful in a racial discrimination claim, the Miami 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 Miami Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Miami attorneys will be able to help you with the requirements for your particular region. Additionally, a Florida 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.