In New York, racial discrimination is prohibited 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 Troy plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Troy 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. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Troy lawyers will be familiarized with the requirements of your geographical region. Furthermore, a New York attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.