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 determining wages and promotion offers.

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. Race or nationality discrimination involves an employer treating you differently than those you work with that are of other races or nationalities.

The Waupaca plaintiff must additionally be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The required intent may be proven by evidence that the employer rendered preferential treatment to workers who are of a different race or nationality than the plaintiff.

How Can a Waupaca Lawyer Help with My Claim?

Additionally, sometimes statements that were recorded and made by the employer regarding racial issues can be used to establish intent. Procedural laws in this area of litigation vary greatly depending on where you file your claim, and a local Waupaca lawyer will be familiar with requirements in your area. A good Wisconsin attorney will also be able to advise you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.