In North Carolina, racial discrimination is banned 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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
To succeed on a claim of racial discrimination, the Buncombe County plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Buncombe County Lawyer Help with My Claim?
Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Buncombe County lawyer will help familiarize you with the requirements for your district. A good North Carolina attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.