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 Merrick 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 Merrick Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Merrick attorneys will be able to help you with the requirements for your particular region. A good New York attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.