In New York, racial discrimination is prohibited 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 Seneca plaintiff must further 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 Seneca Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a West Seneca attorney will be knowledgeable of the requirements for your particular location. An experienced New York lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.