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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
The Port Jefferson plaintiff must further be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Port Jefferson Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Port Jefferson lawyer will help familiarize you with the requirements for your district. A good New York attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.