Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is illegal 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 Harwood Heights plaintiff also needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Harwood Heights Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Harwood Heights lawyer will be familiar with requirements in your area. An experienced Illinois lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other forms of relief while your claim is being processed.