Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited in Michigan. 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 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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.

To be able to prove a claim of racial discrimination, the Birmingham plaintiff further needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.

How Can a Birmingham Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Birmingham lawyer will help familiarize you with the requirements for your district. A good Michigan 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.