In New York, racial discrimination is prohibited 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. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
The Port Jervis plaintiff must further be able to show 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 shown by showing that other people of different races were treated preferentially.
How Can a Port Jervis 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 considerably, and so a Port Jervis lawyer will help familiarize you with the requirements for your district. Should you decide to file your claim at the EEOC, a New York lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.