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.
To be able to prove a claim of racial discrimination, the Lewistown plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Lewistown Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary considerably, and so a Lewistown lawyer will help familiarize you with the requirements for your district. 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.