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 prohibited 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 which has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To be successful in a racial discrimination claim, the Clearfield employee must also prove that their employee had the required intent to discriminate based upon the person's race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Clearfield Lawyer Help with My Claim?
Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Clearfield attorney will be knowledgeable of the requirements for your particular location. An Utah lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.