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.
To be able to prove a claim of racial discrimination, the Richland County 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 Richland County Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Richland County attorneys will be able to help you with the requirements for your particular region. A good South Carolina attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.