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 successful in a racial discrimination claim, the Utica employee must also show that their employee had the required intent to discriminate based upon the person's race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Utica Lawyer Help with My Claim?
In some instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary considerably, and so a Utica lawyer will help familiarize you with the requirements for your district. 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 forms of remedies available to you while your claim is pending.