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.
To be successful in a racial discrimination claim, the Erlanger employee must further prove that their employee had the required intent to discriminate based upon the person's race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can an Erlanger Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Erlanger lawyers will be familiarized with the requirements of your geographical region. A good Kentucky 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.