Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited in Indiana. According to these laws, employers may not take race into account when hiring, recruiting, determining pay or offering promotions.
What Must Be Proven in a Discrimination Claim?
Federal investigations of workplace discrimination are conducted by the agency called the Equal Employment Opportunity Commission (EEOC). Employees who are victims of discrimination are required to file their claim with the EEOC before filing suit in a court of law. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
The Elkhart plaintiff must further be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Elkhart Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Elkhart lawyer will help familiarize you with the requirements for your district. A good Indiana 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.