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?
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 that has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Richmond plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Richmond 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 Richmond lawyer will help familiarize you with the requirements for your district. A Virginia lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.