Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned 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.
In order to succeed on a claim for racial discrimination, the Jeffersontown plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Jeffersontown Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Jeffersontown attorney will be knowledgeable of the requirements for your particular location. A Kentucky lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.