Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is banned to discriminate on the basis of race in the state of Oklahoma. According to these laws, employers may not take race into account when hiring, recruiting, determining pay or offering promotions.
What Must Be Proven in a Discrimination Claim?
Before taking their discrimination claim to court, an employee must file their claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency which has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Pryor Creek plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Pryor Creek Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Pryor Creek lawyers will be familiarized with the requirements of your geographical region. A good Oklahoma attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.