In New York, racial discrimination is illegal 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 Le Roy plaintiff must also prove that their employer intended to base the discrimination on race or nationality. 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 Le Roy Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Le Roy lawyer will be familiar with requirements in your area. An experienced New York lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.