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, 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. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
In order to succeed on a claim for racial discrimination, the Baldwin plaintiff must further prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Baldwin Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Baldwin lawyer will help familiarize you with the requirements for your district. An experienced New York lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.