The U.S. Constitution and Title VII of the U.S. Code both make racial discrimination illegal in the state of West Virginia. Employers may not take race into account according to these laws when hiring or recruiting workers, or when determining wages and promotion offers.
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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
To succeed on a claim of racial discrimination, the Charleston plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Charleston Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Charleston lawyers will be familiarized with the requirements of your geographical region. A West Virginia lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.