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, determining 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 which has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To be successful in a racial discrimination claim, the Polk County employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Polk County Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Polk County attorney will be knowledgeable of the requirements for your particular location. Additionally, a Florida attorney can help 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.