Author: msaawe

In 2014, Illinois Governor Pat Quinn signed pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act. This act provided pregnant women with more workplace protections than they had previously. Learn more about Illinois pregnancy laws and wrongful termination in this article. If you have questions about your case, talk to our FMLA wrongful termination lawyer in Chicago at Law Offices of Joshua D. McCann, LTD.

Pregnancy Discrimination Overview

Illinois is an at-will employment state. This means that your company can terminate your employment for no reason. However, this does not mean they can fire you for illegal reasons. If your company fires you illegally, it is a wrongful termination.

Some kinds of wrongful termination include sex or pregnancy, age, race, and sexual orientation. For example, state and federal laws protect you against being fired because you are pregnant. Federal law outlaws employers with more than 15 workers to fire because of pregnancy. But the Human Rights Act in Illinois applies to all workers.

Your Rights Under The Illinois Human Rights Act

If you are pregnant and work in Illinois, the Act requires you to have certain rights during your pregnancy. For example, your employer must make reasonable accommodations based on your medical restrictions during the pregnancy. For example, if you work as a cashier and are on your feet for many hours, your employer may need to give you more breaks so you can rest. Also, you can sue for damages if you prove that you were wrongfully terminated because of your pregnancy.

What To Do If You Suspect Pregnancy Discrimination

Here are essential steps to take if you suspect pregnancy discrimination:

• Document the discrimination: Write down details about what happened, who did what, and when.
• Talk to your supervisor: Talk with your boss or HR and ask about how the company handles pregnancies and reasonable accommodations.
• Talk to co-workers: Do you know other employees who were pregnant at work? Find out how they were treated.
• File a complaint: File your complaint through HR or your supervisor.
• File with the state and federal government: If the matter is unresolved, you can file your complaint with the state and federal governments.

What Damages Are Available For Wrongful Termination?

It is a serious matter if your employer discriminates against you in Illinois. You cannot be fired or discriminated against because you are having or had a baby. If it happens, you must talk to a Chicago FMLA wrongful termination lawyer today.

The first thing to do is to file discrimination charges with the federal and state government. Next, contact the federal Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights. These agencies may try to intervene and settle the matter between you and your employer. The federal Family and Medical Leave Act (FMLA) also addresses pregnancy rights and discrimination.

The state of Illinois allows you to file a lawsuit and request damages for wrongful termination. If you want to sue your company before the state government reviews the claim, you must ask the government to give you a right-to-sue letter. If you win the case, you can get your job back and receive backpay and other compensation.

Talk To Our FMLA Wrongful Termination Lawyer In Chicago

Do you think you were wrongfully terminated because of your pregnancy? You could be entitled to compensation in a lawsuit. Contact our FMLA wrongful termination lawyer in Chicago at Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

The Civil Service Reform Act of 1978 (CRSA) was devised to offer government managers more flexibility to enhance government productivity and operations. It also was written to protect federal workers from unwarranted or unfair practices. The 1978 law set up merit system principles (MSPs) and prohibited personnel practices (PPPs) that safeguard federal applicants and employees for federal jobs. The Office of Special Counsel administers this law.

While the CRSA has done much to protect federal employees, there are still problems. If you think you were discriminated against while working for the federal government, our federal employee discrimination attorneys in Chicago can help.

More About The CSRA of 1978

This federal law also replaced the Civil Service Commission with the following federal agencies that protect federal workers:

The Merit Systems Protection Board (MSPB)

The goal of this organization is to safeguard important merit system principles. It also is intended to encourage a robust federal workforce that does not engage in illegal personnel practices. In addition, the MSPB listens to federal employee appeals and researches federal merit systems to protect federal worker rights.

The Office of Personnel Management (OPM)

The OPM is the major HR agency and personnel policy organization for the US government, It provides HR leadership and support to all federal organizations. It also helps federal employees to achieve their work aspirations in their service to the American public.

The Federal Labor Relations Authority (FLRA)

The purpose of this authority is to offer a collective bargaining setup for the many classifications of federal employees. The FLRA is an intricate part of the labor-management relationship between federal workers and managers.

If You Were Discriminated Against In The Federal Government, What Should You Do?

If you think you are a victim of discrimination or retaliation in the federal government, you must follow an administrative process to resolve the issue. For example, you may be a victim of retaliation for reporting discrimination in the federal workplace. You first need to talk to an EEO counselor at the federal agency where the alleged discrimination occurred. However, the EEO process must be started within 45 days of the alleged discriminatory behavior.

If you miss this deadline, it can be extended in these situations:

• You were not told of the 45-day time limit or were simply unaware of them.
• You did not know that the discrimination occurred at the time.
• You could not contact the EEO counselor promptly for reasons outside your control.

If you have difficulty reporting discrimination in the federal workplace, a federal discrimination attorney in Chicago can handle the process for you.

Speak To Our Federal Employee Discrimination Attorneys In Chicago

The CSRA is vital because it was one of the biggest reforms to federal personnel regulations since 1883, which was the Pendleton Civil Service Reform Act. Do you think you were discriminated against in federal employment at the Kluczynski Federal Building or another federal building in Chicago? If so, please contact the Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

Illinois has an at-will employment policy, meaning you can be fired without cause. However, this is different than a company firing you for a reason that is illegal under state or federal law. The state and federal governments ban employers from firing people for unlawful reasons, including age, race, religion, gender identity, national origin, or disability.

You also are protected from being fired for retaliatory discharge. However, if you believe you are a victim of retaliatory discharge or wrongful termination, the Law Offices of Joshua D. McCann, LTD may assist you.

What Is Retaliatory Discharge In Illinois?

Retaliatory discharge is one exception to at-will employment rules. For you to prove there was a retaliatory discharge, you must show you were fired and that the termination was because you were engaged in a ‘protected activity.’ Also, the termination must have violated a mandated public policy, such as in the state or federal constitution.

You might have a valid claim for retaliatory discharge if you were fired for complaining that your company was doing something illegal. Also, you could file a retaliatory discharge claim if you are fired for refusing to do something illegal on the job.

For instance, there could be a retaliatory discharge lawsuit if you were fired for not providing false testimony in court. There also could be a claim when the company fires you because you complained about them violating laws, such as the Clean Air Act or Clean Water Act.

How Do You Prove Retaliatory Discharge?

You must prove one of these to have a retaliatory discharge case:

• You were engaged in a protected activity, and your firing was related to that activity. There might be direct written evidence that you were terminated because of your actions. Or you may prove the case by providing circumstantial evidence that the company engaged in discriminatory behavior. However, direct evidence carries more weight in a retaliatory discharge case.
•  You were fired because you would not engage in discriminatory action. If you think you were fired because of this, you need to prove that you thought the act was discriminatory and that you would not act because of this fact.

As noted earlier, in many cases, a company is not required to offer a reason for your being fired in Illinois. However, if the company is accused of retaliatory discharge, it may need to show that the firing did not stem from protected behavior. For example, they might point out your poor performance at work or how your attitude negatively affected the workplace. In this situation, you must talk to a wrongful termination attorney today.

Speak To A Chicago Wrongful Termination Attorney

Do you think you were fired for being a member of a protected class, such as gender identity, race, sex, or age? Or, were you a victim of retaliatory discharge? You may be able to file a state or federal wrongful termination claim. Please contact the Law Offices of Joshua D. McCann, LTD at (847) 450-1103 for a consultation about your wrongful termination or retaliatory discharge case.

So, you work in Schaumburg at Park Lane Jewelry or Cruises International but need to take time off to help your sick wife. If you are caring for your sick wife in Schaumburg, you know it takes a lot of time, patience, and dedication. Sometimes, caring for an ill spouse can conflict with your work schedule. Fortunately, US workers are protected today by the Family And Medical Leave Act (FMLA), so you can care for your wife without fear of being fired.

However, some unscrupulous Illinois companies may ignore the FMLA and unfairly fire you when you care for your spouse. If that happened to you, a Schaumburg wrongful termination attorney will fight for your rights today.

What Are Your Rights Under The FMLA?

The Family And Medical Leave Act states that employees in certain situations can take unpaid leave without worrying about losing their jobs. The maximum time available under the FMLA is 12 weeks in a one-year period. The unpaid leave is available to eligible workers in these cases:

• The birth of your child or any care that is required in the first year of life
• Placing a foster or adopted child in your family
• A serious health complication that makes it difficult to do your job
• Caring for your wife, husband, child, or close family member with a serious health problem
• Situations that make you miss work to deal with issues involving a military spouse on active duty

If you think you are in a FMLA wrongful termination situation in one of the above cases, you should talk to a Schaumburg wrongful termination attorney.

Are All Job Responsibilities Protected?

Yes. The FMLA states that you must be able to resume your previous position at the same rate as when you took leave. Therefore, if your company cannot leave your job open, they must bring you back to an equivalent position. The only exception is a key employee who must be replaced immediately to avoid serious economic issues in the organization.

What Happens In Employer Retaliation?

Employer retaliation can happen to you when caring for your sick wife. This is where the employer takes actions against you for taking leave. For example, firing you because you cared for a sick spouse is employee retaliation under the FMLA. It also is illegal for the employer to put you in a lesser position at a lower pay rate.

Unfortunately, some employers may create a hostile workplace to encourage you not to take time off to care for your loved one. If you think your employer is doing this, you should talk to an attorney now. You also should submit a claim to the Equal Employment Opportunity Commission (EEOC).

Talk To A Schaumburg Wrongful Termination Attorney Now

When your spouse is sick, the last thing you need is to be discriminated on the job for caring for her. If you think you were wrongfully terminated, you have rights in Illinois. The Schaumburg wrongful termination attorneys at theLaw Offices of Joshua D. McCann, LTD can help you fight for your rights. Call us today at (847) 450-1103.

There are laws in the United States to protect workers from discrimination. However, many companies still discriminate against workers for their race, age, disability, gender, religion, sexual orientation, etc. Others may be discriminated against because they are single mothers. This is illegal and grossly unfair. Contact our Chicago employment discrimination lawyer for immediate legal assistance if it happens to you.

Why Do Employers Discriminate Against Single Mothers?

Single mothers are usually hard workers just trying to make ends meet for their children without a partner to assist them. However, employers may see a single mother as needing to be more sufficiently dedicated to their work. Or, the company may take a dim view of the mother taking off work to take care of their children and take them to school.

Whatever the reasons for discriminating against single mothers, this is against the law in Illinois. Talk to a Chicago employment discrimination lawyer if you suspect you are being discriminated against.

Examples Of Discrimination Against Single Mothers

Discrimination against single mothers can take many forms, including:

●        Being let go from a job because you are pregnant or asking for maternity leave

●        Not providing work flexibility to a single mother while providing a flexible schedule to people who do not have children

●        Not getting a raise or promotion because you have children

●        Lying about your job performance to justify firing you

Federal Discrimination Law

Single parents are not a protected class under federal law specifically. However, the employer cannot ask you if you are married during a job interview. They also may not ask if you have children or if you will have more in the future, then base whether you get the job on your answer.

While filing a lawsuit against your employer for mistreating you as a single mother is challenging, there are ways to make the case stick. For example, your supervisors or co-workers may make negative comments that you are late to work because of your children. Or, you may hear criticism that you do not look as good after pregnancy as you did before. In the latter case, this could be filed as a sexual harassment case.

Pregnancy Discrimination Act

The Pregnancy Discrimination Act of 1978 offers protection to pregnant women. It does so by expanding discrimination protections based on your sex to include matters related to pregnancy. So, you cannot be let go from your job because you have a child. Also, your company must provide reasonable accommodations for your pregnancy.

What To Do If You Are Being Discriminated Against

If you think you are being discriminated against for being a single mother, you should detail the case in writing. For example, if someone gets a promotion that you were supposed to get, this should be detailed in writing. Your attorney will investigate the matter to determine if discrimination was a factor.

Being Discriminated Against At Work? Call A Chicago Employment Discrimination Lawyer

Many single mothers work hard and care for their children. However, employers sometimes take advantage of them by unfairly denying them raises and promotions. If this has happened to you, our Chicago employment discrimination lawyers can help you. Please contact the Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

The Civil Service Reform Act (CSRA) was introduced in 1978 to protect federal employees and managers and provide flexibility to improve government operations and productivity. The law also protects these employees from unwarranted and unfair practices. If you are one of them and face workplace harassment because you refuse to participate in these practices, contact a Federal employee discrimination attorney in Illinois.

A Breakdown of the CSRA

The CSRA effectively replaced the Civil Service Commission (CSC) with the following:

The Office of Personnel Management (OPM)

The Office of Personnel Management (OPM) provides human resources and policy managers for employers in the Federal Government. This includes leadership and support that can aid these agencies in serving the American public better. The OPM also manages the civilian service.

The Merit Systems Protection Board (MSPB)

The MSPB protects merit system policies and promotes an efficient workforce without prohibited practices. The board also takes care of federal employees’ appeals to protect their rights.

The Federal Labor Relations Authority (FLRA)

The Federal Labor Relations Authority provides a bargaining platform and network for federal employees from different sectors. It also manages all labor-management relationship protocols and methods and acts as a bridge between the federal government and its workers.

The Role of the CSRA

The CSRA is considered the most significant reform in the government since the Pendleton Civil Service Reform Act, which only allowed the selection of a few government employees via exams rather than political connections. As per this Act, federal employees cannot be fired or demoted by government officials because of political reasons.

Once the CSRA was established, a new grade classification was created for top government managers. This is called the Senior Executive Service (SES). The managers in this category were placed in strategic locations throughout the government and were given bonuses as awards based on evaluations and merit. The Act also protected employees who were whistleblowers from being fired by vengeful employers.

What You Can Do If a Federal Employer Mistreated You

If you face discrimination in a federal agency, you must follow specific protocols that are different from private sector ones as per the Civil Service Reform Act. You must contact the Equal Employment Opportunity counselor within 45 days of the discriminatory action. You will be asked to participate in counseling or a dispute resolution process. If these don’t work, you can complain at your agency. However, if your complaint is dismissed, you should immediately contact a Federal employee discrimination attorney in Illinois.

Contact the Law Offices of Joshua D. McCann, LTD for a Consultation Today!

The legal process for federal employees can be long and complex without the proper support and resources. At the Law Offices of Joshua D. McCann, LTD, we have extensive experience aiding government employees cut through red tape, ensure their complaints are addressed and receive due compensation for damages. Do not hesitate to contact us if you have questions or concerns regarding your case. Just dial (847) 450-1103 to book a consultation today. The longer you wait, the worse it may get for you. Take action now!

Political expressions like campaign materials and provocative/unprofessional clothing can cause discomfort in the workplace. Extreme political views can create a hostile work environment and uncomfortable dynamics. But if your employer fires you because you disagree with their political views, you can sue them for wrongful discharge with help from a Schaumburg employment law attorney.

Is Political Speech a Protected Activity?

Political activity and speech are not well protected by anti-retaliation laws. You are protected under the law if you are a government employee. But that doesn’t mean you are allowed to display and distribute political paraphernalia to campaign at work.

Employers have the right to enforce rules that forbid non-work-based activities such as political campaigning. This includes:

• Distributing and displaying political materials.
• Using company resources to spread political agendas via promotional materials. These include buttons, shirts, and other items that display political messages.

The National Labor Relations Act does not protect these activities. You may be legally discharged or face workplace penalties if you participate in these activities.

Why Do Employers Have to Be Careful?

While the law seems to be siding with employers, they must be careful before firing employees over their political affiliations or speech. They cannot discharge a worker for engaging in specific conduct. For instance, as per Illinois law, employers cannot manipulate workers to vote for a particular candidate or discriminate against a worker who wants to vote for the opponent. Firing an employee who wishes to vote for liberal candidates is a wrongful discharge.

The nature of the political materials and conduct also comes into play here. For example, take the Capitol Riots. Some individuals who participated in it were arrested later. But as per Illinois law, their employers cannot fire them because they have a criminal record. Employers can fire them based on the activities that got them arrested. They cannot use the arrests as an excuse for termination.

Employers can also terminate employment if political activities create a hostile work environment, i.e., if the activity:

• Hinders work performance. In this case, you have to prove that the words or actions of a supervisor prevented you from working efficiently.
• Is discriminatory. The worker or supervisor exhibits discriminatory behavior, i.e., against someone from a protected class.

The burden of proof falls on victims. Once reported, your employer must address the issue timely and find a resolution. If the case is handled poorly or ignored, you can sue for damages and the emotional trauma you experienced because of the harassment.

Contact The Law Offices of Joshua D. McCann, LTD For A Consultation Today!

Do you dread going to work every day because of abusive colleagues or an irresponsible employer? Whether you face discrimination because of your race, gender, religion, or any other protected category, a Schaumburg employment law attorney can ensure you are compensated for your trauma. At the Law Offices of Joshua D. McCann, LTD, we have represented clients like you for years and ensured they received the compensation they deserved. Contact us for a consultation by dialing (847) 450-1103.