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.
To be able to prove a claim of racial discrimination, the Las Vegas plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Las Vegas Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Las Vegas 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.