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, 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 Tucumcari plaintiff must also prove that his employer acted with an intent to discriminate based on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Tucumcari Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Tucumcari lawyer will be familiar with requirements in your area. Also, a New Mexico attorney can help 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.