Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited 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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.

In order to succeed on a claim for racial discrimination, the Vivian plaintiff must further prove that their employer intended to base the discrimination on race or nationality. 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 Vivian Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Vivian attorneys will be able to help you with the requirements for your particular region. A good Louisiana attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.