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 discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the West Point plaintiff must also prove that his employer acted with an intent to discriminate based on race or nationality. 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 West Point Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local West Point lawyer will be familiar with requirements in your area. An experienced New York lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.