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 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.
In order to succeed on a claim for racial discrimination, the Corning plaintiff must further show that their employer intended to base the discrimination on race or nationality. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Corning Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Corning lawyers will be familiarized with the requirements of your geographical 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.