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, deciding 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 issue to court. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
To be able to prove a claim of racial discrimination, the Carlsbad plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Carlsbad Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Carlsbad attorneys will be able to help you with the requirements for your particular region. A New Mexico lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.