In North Dakota, racial discrimination is prohibited 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?
Federal investigations of workplace discrimination are conducted by the agency called the Equal Employment Opportunity Commission (EEOC). Employees who are victims of discrimination are required to file their claim with the EEOC before filing suit in a court of law. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
The Dickinson 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. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Dickinson Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Dickinson attorney will be knowledgeable of the requirements for your particular location. A North Dakota 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.