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 federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking matters to court, employees who have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
In order to succeed on a claim for racial discrimination, the Corrales plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. 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 Corrales Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Corrales 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.