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 Medford plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Medford Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Medford lawyers will be familiarized with the requirements of your geographical region. Additionally, a New York attorney can help 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.