In New York, racial discrimination is prohibited under both the U.S. Constitution and Title VII of the U.S. Code. Employers are prohibited according to theses laws from using race as a basis for hiring, recruitment, setting wage levels, or granting promotions.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the matter to court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Lancaster plaintiff must further prove that their employer intended to base the discrimination on race or nationality. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Lancaster Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Laws governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Lancaster attorneys will be able to help you with the requirements for your particular region. An experienced New York lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.