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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
To succeed on a claim of racial discrimination, the Hermantown plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Hermantown Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so a Hermantown lawyer will help familiarize you with the requirements for your district. 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.