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?
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. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To succeed on a claim of racial discrimination, the Portsmouth plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Portsmouth Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Portsmouth lawyer will be familiar with requirements in your area. 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.