What Constitutes Discriminatory Intent to a Court?

by | Apr 3, 2018 | General

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If you believe that you’ve been subject to racial discrimination, attorneys in Los Angeles can help you. However, to prove that the discrimination happened, you’ll have to show the court that there was “discriminatory intent” during the incident. What exactly does this phrase mean, and how can you show it?

What is Discriminatory Intent?

Establishing intent to discriminate is something that racial discrimination attorneys in Los Angeles help their clients with in every case related to these incidents. The term means that you can prove that someone in a position of power (like an employer or a landlord) was discriminatory towards you based on race, on purpose. In other words, they intentionally discriminated against you because of your race.

How Can You Prove Discriminatory Intent?

In general, proving discriminatory intent is requires cut and dry proof of racism. For example, employers aren’t allowed to ask on an application or in an interview about your race. If an employer does ask about your race during an interview and then does not hire you, it may be racism – but it’s easy for the employer to argue that they had other applicants. However, if it is proven that the applicant who did get hired was less qualified than you, and is a different race than you, then this can constitute discriminatory intent.

While unknowing racial discrimination does happen, it may not be proven to be discriminatory intent. For example, employer rules regarding appropriate hairstyles may be racist without the employer being aware of the cultural issues. While this is still a clear example of racism, it may not be enough to convince a judge of intentional racism, which is necessary to prove discriminatory intent.

What Rights Are Protected Against Racism?

The Civil Rights Act of 1964 protects people from being fired (or being denied a job in the first place) due to race; it prevents people from being paid less, or being denied benefits due to race; it prevents employers from promoting or segregating employees due to race; and it prevents employees from being disciplined due to race. The final right that is protected regarding discipline can be interpreted in many ways, so hiring top-notch racial discrimination attorneys Los Angeles is very important to help you plead your case.

The Law Offices of Jual F. Reyes are experienced in helping clients prove discriminatory intent and settling their cases. Contact us at (877) 242-4410 to learn more.