Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited in Maine. 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?
Before taking their discrimination claim to court, an employee must file their claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that has authority to investigate any claims of discrimination in the workplace. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
To succeed on a claim of racial discrimination, the Berwick plaintiff must further show that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Berwick Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Berwick lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a Maine lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.