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, 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. Race discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.
The Hudson plaintiff must also be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Hudson Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Hudson 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 types of remedies available to you while your claim is pending.