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 Congers plaintiff must also prove that their employer intended to base the discrimination on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Congers Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Congers attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, a New York lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.