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.
In order to succeed on a claim for racial discrimination, the Elkin plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can an Elkin Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Elkin lawyers will be familiarized with the requirements of your geographical region. A North Carolina 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.