Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is illegal to discriminate on the basis of race in the state of South Carolina. 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 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. Race discrimination includes situations where an employer treats their worker differently from other workers who are of a different race or nationality.

To be able to prove a claim of racial discrimination, the Aiken plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. 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 an Aiken Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and an Aiken attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, a South Carolina 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.