Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is illegal in Louisiana. 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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.

To be able to prove a claim of racial discrimination, the Lafayette plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. 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 Lafayette Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Lafayette attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, a Louisiana lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.