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 be able to prove a claim of racial discrimination, the Posen plaintiff additionally needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Posen Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to show intent. Laws governing the procedures in discrimination will vary considerably depending on where the claim is filed, and Posen attorneys will be able to help you with the requirements for your particular region. An experienced Illinois lawyer will also help you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.