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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
The Plainview plaintiff must additionally be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Plainview 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. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Plainview lawyers will be familiarized with the requirements of your geographical 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.