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. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
To be successful in a racial discrimination claim, the Herndon employee must also show that their employee had the required intent to discriminate based upon the person's race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Herndon Lawyer Help with My Claim?
In some 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 considerably, and so a Herndon 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 forms of remedies available to you while your claim is pending.