Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned in Minnesota. Employers are prohibited according to theses laws from using race as a basis for hiring, recruitment, setting wage levels, or granting promotions.
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 which has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Detroit Lakes plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Detroit Lakes Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Detroit Lakes lawyer will be familiar with requirements in your area. A good Minnesota attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.