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.
To be successful in a racial discrimination claim, the Selden employee must further prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Selden Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Selden attorney will be knowledgeable of the requirements for your particular location. 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 types of remedies available to you while your claim is pending.