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 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. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
In order to succeed on a claim for racial discrimination, the Hilton Head Island plaintiff must also show that their employer intended to base the discrimination on race or nationality. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Hilton Head Island Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Hilton Head Island lawyers will be familiarized with the requirements of your geographical region. A good South Carolina attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.