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 Fairmont plaintiff must also be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Fairmont Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Fairmont lawyer will help familiarize you with the requirements for your district. An experienced West Virginia lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.