In New York, racial discrimination is banned 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.
To be able to prove a claim of racial discrimination, the Malverne plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Malverne Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Malverne 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 forms of relief while your claim is being processed.