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. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.

To succeed on a claim of racial discrimination, the O'fallon plaintiff must additionally show that his employer acted with an intent to discriminate based on race or nationality. Proof of an employer's intent to discriminate can be proven if they have preferentially treated workers of different races than the plaintiff.

How Can an O'fallon Lawyer Help with My Claim?

Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to establish their intent to discriminate. In this area of litigation, procedural laws will vary considerably depending on where the claim is filed, and an O'fallon attorney will be knowledgeable of the requirements for your particular location. An Illinois lawyer may also assist you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.