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 Keyser plaintiff must further prove that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Keyser Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Keyser lawyer will be familiar with requirements in your area. Should you decide to file your claim at the EEOC, a West Virginia lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.