Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is illegal 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. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
The Marshall plaintiff must also be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Marshall Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Marshall 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.