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 successful in a racial discrimination claim, the Jerseyville employee must additionally show that their employee had the required intent to discriminate based upon the person's race. The employer's intent can often be shown by showing that other people of different races were treated preferentially.

How Can a Jerseyville Lawyer Help with My Claim?

Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and a Jerseyville attorney will be knowledgeable of the requirements for your particular location. Additionally, an Illinois attorney can assist you when you file your claim with the EEOC, and they may be able to help you obtain other kinds of relief during the time period when your case is pending.