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 Erie County plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can an Erie County Lawyer Help with My Claim?
Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Erie County lawyer will be familiar with requirements in your area. A good New York attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.