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. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.
To be successful in a racial discrimination claim, the Peekskill employee must additionally show that their employee had the required intent to discriminate based upon the person's race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Peekskill 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 Peekskill lawyer will help familiarize you with the requirements for your district. 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.