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, 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 Helena plaintiff must also 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 Helena Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Helena lawyers will be familiarized with the requirements of your geographical region. A Montana lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.