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, determining 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 which has authority to investigate any claims of discrimination in the workplace. To prove racial discrimination, an employer must treat an employee differently than co-workers who are of a different race or nationality.
To be able to prove a claim of racial discrimination, the Hawthorn Woods plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can a Hawthorn Woods Lawyer Help with My Claim?
Additionally, 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 greatly depending on where the claim is filed, and a Hawthorn Woods attorney will be knowledgeable of the requirements for your particular location. An Illinois lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.