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 Seneca Falls 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 Seneca Falls Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Seneca Falls lawyer will be familiar with requirements in your area. An experienced New York lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.