Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned in Massachusetts. These laws prohibit employers from taking race into account in procedures for hiring, determining wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the matter to court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Barnstable County plaintiff must additionally 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 Barnstable County 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 greatly depending on where the claim is filed, and a Barnstable County attorney will be knowledgeable of the requirements for your particular location. An experienced Massachusetts lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.