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. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.

To be able to prove a claim of racial discrimination, the Wilmington plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.

How Can a Wilmington Lawyer Help with My Claim?

In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Wilmington attorney will be knowledgeable of the requirements for your particular location. Additionally, a Massachusetts attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.