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, 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. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.
The Hornell plaintiff must additionally be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Hornell Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Hornell attorney will be knowledgeable of the requirements for your particular location. 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.