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?
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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Hopkinsville plaintiff must also prove that his employer acted with an intent to discriminate based 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 a Hopkinsville Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Hopkinsville lawyer will be familiar with requirements in your area. 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.