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.
In order to succeed on a claim for racial discrimination, the Beacon plaintiff must further show that their employer intended to base the discrimination on race or nationality. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Beacon Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Beacon attorneys will be able to help you with the requirements for your particular region. A good New York attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.