Racial discrimination is prohibited in Hawaii under the U.S. constitution and Title VII of the U.S. Code. Employers are barred according to theses laws from using race as a basis for hiring, recruitment, setting wage levels, or granting promotions.
What Must Be Proven in a Discrimination Claim?
The federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.
To be able to prove a claim of racial discrimination, the Hilo plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Hilo Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary considerably, and so a Hilo lawyer will help familiarize you with the requirements for your district. A good Hawaii 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.