In Montana, 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, deciding pay or offering promotions.
What Must Be Proven in a Discrimination Claim?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the power to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Butte plaintiff must further show that his employer acted with an intent to discriminate based on race or nationality. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Butte Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Butte attorneys will be able to help you with the requirements for your particular region. Furthermore, a Montana attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.