In New York, racial discrimination is banned 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 successful in a racial discrimination claim, the Uniondale employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can an Uniondale Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Uniondale lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a New York lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.