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, 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. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the East Rockaway plaintiff must additionally show that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can an East Rockaway Lawyer Help with My Claim?
In some instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local East Rockaway lawyer will be familiar with requirements in your area. 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 forms of remedies available to you while your claim is pending.