In New York, racial discrimination is illegal 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 successful in a racial discrimination claim, the Middle Island employee must also show that their employee had the required intent to discriminate based upon the person's race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Middle Island Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Laws governing the procedures in discrimination will vary widely depending on where the claim is filed, and Middle Island attorneys will be able to help you with the requirements for your particular region. Also, a New York attorney can assist 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.