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, 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 discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Socorro plaintiff must further prove that his employer acted with an intent to discriminate based 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 Socorro Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Socorro attorney will be knowledgeable of the requirements for your particular location. A New Mexico lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.