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 federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking matters to court, employees who have been discriminated against must file their claim with the EEOC. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
To be able to prove a claim of racial discrimination, the Suffern plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Suffern Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws governing the procedures in discrimination will vary widely depending on where the claim is filed, and Suffern attorneys will be able to help you with the requirements for your particular region. An experienced New York lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.