Discrimination
State and federal laws protect employees from discrimination based on the employees’ sex, race, national origin, color, religion, age, disability, pregnancy, or sexual orientation. Our employment discrimination attorneys have litigated all aspects of employment law and may be able to help you with your case.
These laws protect employees from harassment by supervisors, coworkers, or even customers. Employees have the right to workplaces free from discrimination and harassment. Also, employees are protected from retaliation if they try to stop improper conduct or notify a supervisor that discriminatory conduct has occurred.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide equal opportunities for qualified individuals with disabilities. The ADA defines disability as a physical or mental impairment that substantially limits a person in a major life activity. In the employment setting, “major life activity” could mean the ability to work generally. However, people must be limited their ability to do most jobs. A disability that only limits a certain type of work or one particular job would not qualify under the ADA. The ADA prohibits discrimination against the disabled in hiring, termination, promotion, training, pay, social aspects of employment, etc. Also, employers are limited in the questions they can ask about disabilities.
For more information about the Americans with Disabilities Act, visit www.ada.gov.
Title VII
Title VII protects employees against discrimination on the basis of their sex, race, color, national origin, and religion. Discrimination can include conduct that is directly harassing, or conduct that creates a hostile workplace. Women have additional protection under Title VII on the basis of pregnancy, childbirth, or related medical issues. Employers must also provide reasonable accommodations for religion, provided the accommodation does not unduly burden the employer. Requiring all employees to speak English could be a form of racial or national origin discrimination if speaking English is not necessary to the employer’s business.
If your claim of discrimination or harassment is successful, you could be entitled to lost wages, reinstatement, promotion, or reasonable accommodation. An award can also include attorney’s fees, expert witness fees, and court costs.
For more information, visit www.eeoc.gov.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) protects employees over the age of 40 against discrimination based on their age. Employers with over 20 employees are prohibited from refusing to hire, terminating, demoting, or otherwise discriminating against employees because of their age.
More information is available at www.eeoc.gov.
Illinois Human Rights Act
The Illinois Human Rights Act (IHRA) protects employees against discrimination for all of the same characteristics as the ADA and Title VII, but adds sexual orientation, criminal record, and military service. Employees are protected in all conditions of employment, including hiring, firing, promotion and demotion, performance reviews, transfer, seniority, discipline, etc. The IHRA also prohibits discrimination in the sale or rental of housing.
Formerly, a claim was filed with the Illinois Department of Human Rights, and then filed a claim in federal court. However, as of January 2008, claimants can file their cases in the Illinois circuit court. Filing a case in circuit court is often less complicated, closer to home, and juries are at times more favorable to employee plaintiffs.
More information is available at http://www.state.il.us/dhr/.
You may have been discriminated against if others are receiving different treatment than you. For instance, firing an employee could be discrimination if it is for conduct that is frequently overlooked when done by other employees. If you feel you might be a victim of discrimination on the job, contact us. Many employers are large and have teams of attorneys to help them defend cases. Let our experienced employment attorneys guide you and protect your legal rights on the job.
If you think you have a case, please contact us as soon as possible to evaluate your claim. Our firm has handled cases in Cook, DuPage, Kane, Lake, and other surrounding Illinois counties. Every claim has a statute of limitations, which will bar the case if not filed before it expires. Therefore, prompt attention is required in order to best insure that you receive just compensation for your injuries. If our firm cannot represent you, likely we can direct you to a firm who will properly handle the matter or we will explain, in as much detail as necessary, why we cannot assist you or refer your matter elsewhere.
The information provided on this website does not constitute legal advice nor does it constitute an attorney client agreement. You are not considered a client until we have accepted your case and a retainer agreement is signed. Please read our full disclaimer.