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.
In order to succeed on a claim for racial discrimination, the Fairport plaintiff must additionally prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Fairport 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 of procedure vary greatly in this area of law depending on where you file your claim, and local Fairport lawyers will be familiarized with the requirements of your geographical region. Additionally, a New York attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.