Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is prohibited 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 be successful in a racial discrimination claim, the Smithfield employee must further prove that their employee had the required intent to discriminate based upon the person's race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Smithfield Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Smithfield lawyers will be familiarized with the requirements of your geographical region. A good Utah attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.