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 Pennsylvania. Employers may not take race into account according to these laws when hiring or recruiting workers, or when determining wages and promotion offers.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the matter to court. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
In order to succeed on a claim for racial discrimination, the Kingston plaintiff must additionally 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 Kingston Lawyer Help with My Claim?
Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Kingston lawyer will be familiar with requirements in your area. A good Pennsylvania 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.