In North Carolina, 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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
The Durham plaintiff must further be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Durham 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. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Durham lawyer will be familiar with requirements in your area. Furthermore, a North Carolina 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.