The U.S. Constitution and Title VII of the U.S. Code both make racial discrimination illegal in the state of Wisconsin. 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. Race or nationality discrimination involves an employer treating you adversely than those you work with that are of other races or nationalities.

The Tomah plaintiff must additionally be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.

How Can a Tomah Lawyer Help with My Claim?

In some cases also, recorded statements made by the employer about racial issues can be used to show intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Tomah attorney will be knowledgeable of the requirements for your particular location. An experienced Wisconsin lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.