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 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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
To succeed on a claim of racial discrimination, the Layton plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Layton 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 of procedure vary greatly in this area of law depending on where you file your claim, and local Layton lawyers will be familiarized with the requirements of your geographical region. 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 types of remedies available to you while your claim is pending.