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. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
To succeed on a claim of racial discrimination, the North Aurora plaintiff must additionally prove that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a North Aurora Lawyer Help with My Claim?
In certain instances, intent to discriminate may also be shown by using recorded statements by the employer regarding racial issues. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a North Aurora attorney will be knowledgeable of the requirements for your particular location. 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.