Racial discrimination is prohibited in Hawaii under the U.S. constitution and Title VII of the U.S. Code. Employers are prohibited 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 matters to court, employees who have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
To be successful in a racial discrimination claim, the Waipahu employee must further prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Waipahu Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Waipahu attorneys will be able to help you with the requirements for your particular region. An experienced Hawaii lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.