In New York, racial discrimination is prohibited 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 successful in a racial discrimination claim, the Penn Yan employee must further prove that their employee had the required intent to discriminate based upon the person's race. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.

How Can a Penn Yan Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Penn Yan attorney will be knowledgeable of the requirements for your particular location. Furthermore, a New York attorney can help 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.