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, 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.
In order to succeed on a claim for racial discrimination, the Clifton Park plaintiff must also prove that their employer intended to base the discrimination on race or nationality. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Clifton Park Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Clifton Park 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.