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 Utah. Employers are barred according to theses laws from using race as a basis for hiring, recruitment, setting wage levels, or granting promotions.
What Must Be Proven in a Discrimination Claim?
Before taking their discrimination claim to court, an employee must file their claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that has authority to investigate any claims of discrimination in the workplace. 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 American Fork plaintiff also 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 an American Fork Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and an American Fork attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, an Utah lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.