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 successful in a racial discrimination claim, the Monticello employee must additionally show that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.

How Can a Monticello Lawyer Help with My Claim?

Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Monticello lawyer will help familiarize you with the requirements for your district. 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.