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.
The Reserve plaintiff must also be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Reserve Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Reserve lawyer will help familiarize you with the requirements for your district. A good Louisiana attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.