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 deciding 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 that has authority to investigate any claims of discrimination in the workplace. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.
The Elkins plaintiff must further be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can an Elkins Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Laws of procedure vary considerably in this area of law depending on where you file your claim, and local Elkins lawyers will be familiarized with the requirements of your geographical region. A West 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.