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 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. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
To succeed on a claim of racial discrimination, the New Orleans plaintiff must also show that his employer acted with an intent to discriminate based on race or nationality. 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 New Orleans Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local New Orleans lawyers will be familiarized with the requirements of your geographical region. 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 forms of remedies available to you while your claim is pending.