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, determining 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 matters to court, employees who have been discriminated against must file their claim with the EEOC. 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 Hampton 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 Hampton Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be established by using recorded statements by the employer regarding racial issues. Depending on where you file your claim, the procedural laws will vary greatly, and so a Hampton lawyer will help familiarize you with the requirements for your district. Should you decide to file your claim at the EEOC, a Virginia 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.