In New York, racial discrimination is illegal 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 known as the Equal Employment Opportunity Commission (EEOC) has the power 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 adversely than those you work with that are of other races or nationalities.

The Centerport plaintiff must also be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.

How Can a Centerport Lawyer Help with My Claim?

In some instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary considerably, and so a Centerport lawyer will help familiarize you with the requirements for your district. A good New York attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.