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. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
The Markham plaintiff must additionally be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.
How Can a Markham 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. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Markham lawyer will be familiar with requirements in your area. Additionally, an Illinois attorney can help 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.