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, 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 Laurel plaintiff further 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 Laurel Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Laurel attorneys will be able to help you with the requirements for your particular 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.