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.
To be able to prove a claim of racial discrimination, the Kalispell plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Kalispell Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Kalispell lawyers will be familiarized with the requirements of your geographical region. Also, a Montana attorney can help 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.