In New York, racial discrimination is prohibited under both the U.S. Constitution and Title VII of the U.S. Code. Employers are barred 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 issue to court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Larchmont plaintiff must further show that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Larchmont Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Larchmont attorney will be knowledgeable of the requirements for your particular location. 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.