In New Mexico, racial discrimination is banned under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, determining wage levels, or promotions and benefits.
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 Alamogordo plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can an Alamogordo Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so an Alamogordo lawyer will help familiarize you with the requirements for your district. A good New Mexico 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.