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. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Pahokee plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Pahokee Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Pahokee lawyer will help familiarize you with the requirements for your district. A good Florida attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.