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. Race discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Oceanside plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can an Oceanside 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 Oceanside attorneys will be able to help you with the requirements for your particular region. A New York lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.