In New York, racial discrimination is banned 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.
To be able to prove a claim of racial discrimination, the Mahopac plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Mahopac Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Mahopac attorney will be knowledgeable of the requirements for your particular location. An experienced New York lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.