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 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.
To be able to prove a claim of racial discrimination, the Stony Brook plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Stony Brook Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Stony Brook lawyers will be familiarized with the requirements of your geographical region. A New York lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.