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Discrimination Claims.Claims of discrimination can be filed with the Equal Employment Opportunity Commission (EEOC) and the Illinois Human Rights Commission (HRC). Under certain circumstances, claims can then be filed in either federal or state court. In order to prevail in a discrimination claim, the complainant must first prove a prima facie case. He/she must prove that he/she is a member of the protected class (e.g., racial minority), that he/she is qualified for the position in question, and that the position was denied to him/her. A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
Prima Facie Case.The elements of the prima facie case will vary depending upon the type of discrimination involved (pay, promotion, hiring, etc.). The employer then has the opportunity to put some evidence forward of a legitimate and non-discriminatory reason for its action. Finally, the complainant has the burden of proving that the reason given by the employer was mere pretext.
As with any other case, the person who believes he or she has suffered as a result of illegal discrimination must prove the charges with evidence.
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