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 be able to prove a claim of racial discrimination, the Rocky Mount plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Rocky Mount Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Rocky Mount attorney will be knowledgeable of the requirements for your particular location. 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.