In New York, 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, 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. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
To succeed on a claim of racial discrimination, the Amherst plaintiff must further show that his employer acted with an intent to discriminate based on race or nationality. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can an Amherst Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Depending on where you file your claim, the procedural laws will vary considerably, and so an Amherst lawyer will help familiarize you with the requirements for your district. A New York lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.