In New Mexico, racial discrimination is prohibited 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 Bloomfield plaintiff further needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.

How Can a Bloomfield Lawyer Help with My Claim?

Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Bloomfield lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a New Mexico lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.