In New York, racial discrimination is illegal 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.
To be successful in a racial discrimination claim, the Scotia employee must also prove that their employee had the required intent to discriminate based upon the person's race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Scotia 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. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Scotia lawyers will be familiarized with the requirements of your geographical region. Also, a New York attorney can help you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.