Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned in Kansas. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion offers.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
The Shawnee plaintiff must additionally be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Shawnee Lawyer Help with My Claim?
Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Shawnee lawyer will help familiarize you with the requirements for your district. A good Kansas attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.