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.
In order to succeed on a claim for racial discrimination, the Rye Brook plaintiff must further prove that their employer intended to base the discrimination on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Rye Brook Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Rye Brook attorney will be knowledgeable of the requirements for your particular location. 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.