The U.S. Constitution and Title VII of the U.S. Code both make racial discrimination illegal in the state of Virginia. According to these laws, employers may not take race into account when hiring, recruiting, deciding pay or offering promotions.

What Must Be Proven in a Discrimination Claim?

The federal agency that is in charge of investigations of workplace discrimination is the Equal Employment Opportunity Commission (EEOC). Before taking issues to court, employees that have been discriminated against must file their claim with the EEOC. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.

To be able to prove a claim of racial discrimination, the Buena Vista plaintiff further 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 Buena Vista Lawyer Help with My Claim?

Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Buena Vista lawyer will be familiar with requirements in your area. An experienced Virginia lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.