In Montana, racial discrimination is banned 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?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the authority 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 differently than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Great Falls plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Great Falls Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Great Falls lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a Montana lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.