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 South Boston plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a South Boston Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a South Boston attorney will be knowledgeable of the requirements for your particular location. Furthermore, a Virginia attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.