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. 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.
To be able to prove a claim of racial discrimination, the Port Royal plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Port Royal Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Port Royal 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.