Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited in Massachusetts. These laws prohibit employers from taking race into account in procedures for hiring, deciding 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 issue to court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.

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

In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Danvers attorney will be knowledgeable of the requirements for your particular location. A Massachusetts lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.