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.
To be successful in a racial discrimination claim, the Lancaster employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Lancaster Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so a Lancaster lawyer will help familiarize you with the requirements for your district. 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.