Racial discrimination is banned 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 successful in a racial discrimination claim, the Wailuku 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 Wailuku 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 Wailuku lawyer will help familiarize you with the requirements for your district. Should you decide to file your claim at the EEOC, a Hawaii 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.