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?
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. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.
To be successful in a racial discrimination claim, the Philadelphia employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Philadelphia 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. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Philadelphia attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, a Pennsylvania lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.