Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited 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?
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. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
In order to succeed on a claim for racial discrimination, the Elizabethtown plaintiff must further prove that their employer intended to base the discrimination on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can an Elizabethtown 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 of procedure vary greatly in this area of law depending on where you file your claim, and local Elizabethtown lawyers will be familiarized with the requirements of your geographical region. Should you decide to file your claim at the EEOC, a Kentucky lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.