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 known as the Equal Employment Opportunity Commission (EEOC) has the authority to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
The Canton plaintiff must additionally be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Canton Lawyer Help with My Claim?
Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Canton lawyer will help familiarize you with the requirements for your district. An experienced New York lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.