Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is prohibited to discriminate on the basis of race in the state of Pennsylvania. 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?
The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the authority to conduct investigations of workplace discrimination, and employees must file their discrimination claims wih the EEOC prior to suing in a civil court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Baldwin plaintiff must further prove that their employer intended to base the discrimination on race or nationality. 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 Baldwin Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Baldwin lawyer will be familiar with requirements in your area. An experienced Pennsylvania 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.