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 Lindenhurst 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 Lindenhurst Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Lindenhurst lawyers will be familiarized with the requirements of your geographical region. 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 forms of remedies available to you while your claim is pending.