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 successful in a racial discrimination claim, the Itasca employee must additionally prove that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be proven by showing that other people of different races were treated preferentially.
How Can an Itasca Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to show intent. Depending on where you file your claim, the procedural laws will vary greatly, and so an Itasca lawyer will help familiarize you with the requirements for your district. 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 types of remedies available to you while your claim is pending.