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.
To be able to prove a claim of racial discrimination, the Kings County plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Kings County Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Kings County attorneys will be able to help you with the requirements for your particular region. A New York lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.