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 Waterloo employee must also prove 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 shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Waterloo Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Waterloo attorney will be knowledgeable of the requirements for your particular location. A New York lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.