Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned in Minnesota. Employers are barred 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 that has authority to investigate any claims of discrimination in the workplace. 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 Elk River plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.

How Can an Elk River Lawyer Help with My Claim?

Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Elk River lawyers will be familiarized with the requirements of your geographical region. A Minnesota 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.