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.

In order to succeed on a claim for racial discrimination, the Havre plaintiff must further 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 Havre Lawyer Help with My Claim?

Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Havre attorney will be knowledgeable of the requirements for your particular location. A Montana 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.