Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is illegal 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 be successful in a racial discrimination claim, the Hastings employee must also prove that their employee had the required intent to discriminate based upon the person's race. 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 Hastings Lawyer Help with My Claim?

In certain instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Hastings lawyer will be familiar with requirements in your area. A good Minnesota attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.