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, 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.
To be able to prove a claim of racial discrimination, the Delmar plaintiff further needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Delmar Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Delmar 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.