Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is banned 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 Gurnee plaintiff additionally needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often shown by proving that the employer preferentially treated those of other races and nationalities.
How Can a Gurnee Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Gurnee attorney will be knowledgeable of the requirements for your particular location. An Illinois lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.