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 Johnsburg 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 Johnsburg 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. Depending on where you file your claim, the procedural laws will vary considerably, and so a Johnsburg lawyer will help familiarize you with the requirements for your district. A good Illinois attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.