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 Warwick employee must also show that their employee had the required intent to discriminate based upon the person's race. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.
How Can a Warwick Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Warwick lawyers will be familiarized with the requirements of your geographical region. Also, 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.