Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited in Illinois. According to these laws, employers may not take race into account when hiring, recruiting, deciding pay or offering promotions.
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. To prove racial discrimination, an employer must treat an employee adversely than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Hoffman Estates plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Hoffman Estates Lawyer Help with My Claim?
In some instances, intent to discriminate may also be proven by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Hoffman Estates attorney will be knowledgeable of the requirements for your particular location. Should you decide to file your claim at the EEOC, an Illinois lawyer will be able to help you out, and they can also point you towards other forms of remedies available to you while your claim is pending.
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