In New York, racial discrimination is banned 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 discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.
To succeed on a claim of racial discrimination, the West Islip plaintiff must additionally show that his employer acted with an intent to discriminate based on race or nationality. 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 West Islip Lawyer Help with My Claim?
In some 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 differentiate considerably depending on where you file your claim, and a local West Islip lawyer will be familiar with requirements in your area. Additionally, 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.