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?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the authority to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. 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 Winchester plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Winchester Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Winchester lawyer will be familiar with requirements in your area. A good Kentucky attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.