In New Mexico, racial discrimination is illegal 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 federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.
In order to succeed on a claim for racial discrimination, the Deming plaintiff must also show that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Deming Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Deming 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 forms of remedies available to you while your claim is pending.