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.
To be able to prove a claim of racial discrimination, the Berwick plaintiff further needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Berwick Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Berwick lawyer will help familiarize you with the requirements for your district. 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.