In Montana, racial discrimination is illegal 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.
In order to succeed on a claim for racial discrimination, the Glendive plaintiff must also show that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Glendive Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Glendive lawyers will be familiarized with the requirements of your geographical region. Also, 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.