Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned in Louisiana. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion offers.
What Must Be Proven in a Discrimination Claim?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the power to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Lafayette Parish plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Lafayette Parish Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Lafayette Parish attorney will be knowledgeable of the requirements for your particular location. Additionally, a Louisiana attorney can assist 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.