In Mississippi, racial discrimination is prohibited under both the U.S. Constitution and Title VII of the U.S. Code. According to these laws, employers may not take race into account when hiring, recruiting, determining pay or offering promotions.
What Must Be Proven in a Discrimination Claim?
Federal investigations of workplace discrimination are conducted by the agency called the Equal Employment Opportunity Commission (EEOC). Employees who are victims of discrimination are required to file their claim with the EEOC before filing suit in a court of law. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
In order to succeed on a claim for racial discrimination, the Winona plaintiff must further prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Winona Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Winona lawyer will help familiarize you with the requirements for your district. A good Mississippi attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.