Under the U.S. Constitution and Title VII of the U.S. Code, racial discrimination is prohibited 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?
Federal investigations of workplace discrimination are done by the agency called the Equal Employment Opportunity Commission (EEOC). Employees who are victims of discrimination are required to file their claim with the EEOC before filing suit in a court of law. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.
The Wilmington plaintiff must further be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. 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 a Wilmington Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Wilmington lawyer will be familiar with requirements in your area. A good Illinois attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.