The U.S. Constitution and Title VII of the U.S. Code both make racial discrimination illegal in the state of Wisconsin. Employers may not take race into account according to these laws when hiring or recruiting workers, or when deciding wages and promotion offers.

What Must Be Proven in a Discrimination Claim?

The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. Race discrimination includes situations where an employer treats their employee differently from other employees who are of a different race or nationality.

To be able to prove a claim of racial discrimination, the Elkhorn plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. The required intent may be shown by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.

How Can an Elkhorn Lawyer Help with My Claim?

Recorded statements about racial issues that were made by the employer can also be used in some cases to prove intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Elkhorn lawyer will be familiar with requirements in your area. Furthermore, a Wisconsin attorney can assist 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.