In New York, racial discrimination is illegal 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.
In order to succeed on a claim for racial discrimination, the Rye plaintiff must also show that their employer intended to base the discrimination on race or nationality. The required intent may be shown 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 Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Rye lawyer will be familiar with requirements in your area. A good New York attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.