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 deciding 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 that has authority to investigate any claims of discrimination in the workplace. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.

To be able to prove a claim of racial discrimination, the Swoyersville plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.

How Can a Swoyersville Lawyer Help with My Claim?

Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Swoyersville attorneys will be able to help you with the requirements for your particular region. 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.