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 South Carolina. 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?

The federal agency known as the Equal Employment Opportunity Commission (EEOC) has the power 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 employee differently from other employees who are of a different race or nationality.

To be able to prove a claim of racial discrimination, the Barnwell plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.

How Can a Barnwell Lawyer Help with My Claim?

In some instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Barnwell lawyer will be familiar with requirements in your area. 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 forms of remedies available to you while your claim is pending.