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 be able to prove a claim of racial discrimination, the Gouverneur plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.

How Can a Gouverneur Lawyer Help with My Claim?

Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Gouverneur lawyer will be familiar with requirements in your area. Furthermore, a New York attorney can assist 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.