In New York, racial discrimination is illegal 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 be able to prove a claim of racial discrimination, the Glen Head plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Glen Head Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Glen Head lawyers will be familiarized with the requirements of your geographical region. 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.