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 successful in a racial discrimination claim, the Valley Stream employee must also 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 a Valley Stream Lawyer Help with My Claim?

Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Valley Stream lawyers will be familiarized with the requirements of your geographical region. Also, a New York attorney can help 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.