In New York, racial discrimination is prohibited 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 be able to prove a claim of racial discrimination, the Yorktown Heights plaintiff further needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Yorktown Heights Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Yorktown Heights lawyer will be familiar with requirements in your area. An experienced New York lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.