In New York, racial discrimination is banned 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 federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.
In order to succeed on a claim for racial discrimination, the Sidney plaintiff must additionally show that their employer intended to base the discrimination on race or nationality. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Sidney Lawyer Help with My Claim?
Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Sidney lawyer will be familiar with requirements in your area. A good New York attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.