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, 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 Lovington plaintiff additionally 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 Lovington Lawyer Help with My Claim?
In some instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Lovington attorney will be knowledgeable of the requirements for your particular location. Additionally, a New Mexico attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.