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. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion offers.
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 issue to court. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
In order to succeed on a claim for racial discrimination, the Mount Pleasant plaintiff must additionally show that their employer intended to base the discrimination on race or nationality. 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 Mount Pleasant Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Mount Pleasant attorneys will be able to help you with the requirements for your particular region. A South Carolina lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.