Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is illegal in Kentucky. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion opportunities.
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 matter to court. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
To be able to prove a claim of racial discrimination, the Benton plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Benton Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws governing the procedures in discrimination will vary widely depending on where the claim is filed, and Benton attorneys will be able to help you with the requirements for your particular region. Also, a Kentucky attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.