In New York, racial discrimination is banned 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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Dutchess County plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Dutchess County Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Dutchess County attorneys will be able to help you with the requirements for your particular region. A New York lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.