In New York, 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, 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 Bayport plaintiff must additionally 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 Bayport Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Bayport lawyers will be familiarized with the requirements of your geographical region. A good New York attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.