In North Dakota, racial discrimination is illegal under both the U.S. Constitution and Title VII of the U.S. Code. Employers may not take race into account according to these laws when hiring or recruiting workers, or when determining wages and promotion offers.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the matter to court. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
To be able to prove a claim of racial discrimination, the Bismarck plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Bismarck Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Bismarck lawyer will be familiar with requirements in your area. An experienced North Dakota lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.