Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is prohibited to discriminate on the basis of race in the state of South Carolina. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion opportunities.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the matter to court. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Marion plaintiff must further prove that their employer intended to base the discrimination on race or nationality. 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 Marion Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Depending on where you file your claim, the procedural laws will vary greatly, and so a Marion lawyer will help familiarize you with the requirements for your district. 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.