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. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.

To succeed on a claim of racial discrimination, the Kanawha County plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. The employer's intent can often be proven by showing that other people of different races were treated preferentially.

How Can a Kanawha County 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 governing the procedures in discrimination will vary greatly depending on where the claim is filed, and Kanawha County attorneys will be able to help you with the requirements for your particular region. An experienced West Virginia lawyer will also assist you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.