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. 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 Endicott plaintiff must further show that his employer acted with an intent to discriminate based 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 an Endicott Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Endicott attorneys will be able to help you with the requirements for your particular 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.