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 be able to prove a claim of racial discrimination, the Yaphank plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Yaphank Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven 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 Yaphank lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a New York lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.