Author: msaawe

As per the ‘Don’t Say Gay’ bill in Florida, rainbows are no longer welcome in the sunshine state. With gender discrimination threatening the mental health and future of the LGBTQ community, the new bill is another blow to a movement that was years in the making.

What is the Don’t Say Gay Law?

Florida’s Parental Rights in Education Law (aka Don’t Say Gay bill) restricts teachers in the state from discussing or saying anything related to sexual orientation and gender in classrooms. While the bill is legal because it is a law now, people across the US and even the White House have called it a disturbing trend that is targeting members of the LGBTQ community. Several groups are challenging the bill with varying degrees of success.

The law was signed into effect on March 28th of this year. It prevents kindergarten to third-grade teachers from discussing sexual orientation and gender issues in their classes. The law also controls what they can and cannot say to older students regarding this topic. The latter will come into effect when instructions on age-appropriate materials are developed.

Republican governor Ron DeSantis repeatedly asserted that the law would only allow parents of children (between kindergarten and third grade) more control over their education. This includes barring teachers from discussing LGBTQ history and events.

The Potential Effects of the Don’t Say Gay Law

According to the Centers for Disease Control and Prevention, Florida has some of the highest suicide rates in the country. It is higher than the national average, and officials have admitted that LGBTQ youths experience mental health challenges and have suicidal thoughts more than others. These facts have been pushed under the rug by conservative House and Senate members to the detriment of the community.

The law is broad, so it can effectively prevent teachers in Florida’s public schools from discussing anything related to the LGBTQ movement and gender identities. They fear they will be fired or sued by conservative parents. In other words, the new law is supporting a culture of fear to the point that parents and even educators are terrified of touching anything related to the topic to protect their reputations.

The law has been harshly criticized in Florida and condemned across the nation. Before the bill was signed, entertainment industry members such as show hosts called for it to be abolished because of its negative stance on the LGBTQ movement. Disney only spoke out against gender discrimination when it was pressured to do so.

Equality Florida sued the state because of the lasting damages the bill is already doing to the community. As per the suit, the law violates the First Amendment rights of the community to debate ideas based on sexual orientation and gender issues. In other words, it violates their right to free speech since the law prevents them from discussing these issues in classrooms. So while we can say that the new bill is legal, its implications may have devastating consequences, including gender discrimination.

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

If you faced discrimination in the workplace because of your gender and are searching for a professional Chicago employment discrimination attorney in Schaumburg, IL, contact us today! At the Law Offices of Joshua D. McCann, LTD, we offer confidential consultations to all our clients who are treated unfairly in their workplaces. Allow us to help you get the compensation you deserve!

If your employer fired you because you made a complaint about them or reported them to the authorities for a wrongdoing, you could sue them for retaliatory discharge (aka wrongful termination). The wrongdoing can range from sexual harassment in the workplace to religious discrimination complaints per the Illinois Fair Housing Act (FEHA).

Most of these cases occur after an injured worker files a workers’ compensation claim. In any case, retaliatory discharge is illegal in Illinois. Your employer will be liable for your lost wages, benefits, emotional distress, and more.

An experienced Schaumburg retaliatory discharge attorney can prove invaluable during this time. Make sure you have sufficient evidence to prove your case, but before that, make sure your case is worth pursuing.

What Retaliatory Discharge Looks Like

Most retaliatory discharge cases look something like this:

• You complained about your supervisor or a colleague, and your employer found out.
• You were asked to do something outside the scope of your work, and you declined, only to be fired.
• Your employer starts to treat you differently, demotes you, cuts your hours or your salary or does anything else to force you to quit.
• You were fired without knowing the reason behind it.

Top Evidence That Can Prove Retaliatory Discharge

A Schaumburg retaliatory discharge attorney will evaluate all of the elements of your case and the damages it caused. To prove it, you need to provide evidence for the following:

• You experienced discrimination in the workplace.
• You witnessed discrimination in the workplace.
• You were discharged while engaged in a protected activity.
• Your employer acted adversely because of your choice.
• You suffered damages because of your employer’s adverse response.

Contrary to popular belief, retaliation and discrimination/harassment are different. For the former, you don’t have to prove that you were harassed or discriminated against as long as you believe you experienced retaliatory discharge.

Make sure that you give your Schaumburg retaliatory discharge attorney ample evidence. This includes documents, offensive messages, and visuals that can prove your case. Also, ensure you provide the full name, job title, and designation of witnesses and the employer.

Besides this, provide proof that you complained about the harassment or discrimination incident (such as emails, letters, memos, notes, etc.). Even if you don’t have these, you can still have a solid case if you can prove you filed a complaint and were discharged shortly after because of it.

This is important because your lawyer must prove that you suffered a loss in a retaliatory case. In your case, this can include loss of benefits, job opportunities (if your employer refused to give you a referral), and wages. If you also lost healthcare benefits, give those documents to the lawyer.

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

You should be able to work each day without fear of harassment, bullying, or being fired. If you believe your employer fired you or forced you to quit because of a complaint you made or any other reason, you can and should sue.

Contact a Schaumburg retaliatory discharge attorney at the Law Offices of Joshua D. McCann, LTD for a consultation today. We have years of experience representing victims like you get the compensation or outcome they deserve. You will be the key witness, but we will do everything possible to reduce your stress and burden.

Were you the victim of employment discrimination under a protected category? In that case, the last thing you want to do is accept a settlement without help from a Schaumburg employment discrimination lawyer. You may settle for an unfair amount that does little to compensate for your losses.

Top Reasons Why You Should Hire an Attorney before Accepting a Discrimination Settlement

Here are some of the main reasons why you should hire an attorney before accepting a settlement for a workplace discrimination claim:

Insufficient Evidence for a Sufficient Discrimination Settlement

Gathering evidence regarding your experience can mean the difference between a weak or solid settlement. You first need to prove your employer’s intent since few will ever say they were biased.

A Schaumburg employment discrimination lawyer will ensure you collect evidence that can result in a larger settlement per EEOC requirements. This includes documents such as procedures, policies, handwritten notes, letters, files, attendance records, and any other content that can be used to maximize your settlement claim. For instance, if your employer says you were fired or demoted because of poor work performance, but your last few performance reviews were stellar, you may get a larger settlement.

They Can Run a Cost-Benefit Analysis on Your Behalf

An experienced Schaumburg employment discrimination lawyer has years of cases to draw from when developing a cost-benefit analysis for your case. They will do that by revealing weaknesses and strong points, determining the expense of discovery trails, and the amount you can recover if you win.

Your lawyer can also determine your chances of winning and if their assessment changes as the case progress. Their direction and guidance can help you make informed decisions as your employer tries to downplay or outright deny your case.

They Can Determine Damages

The main recovery form for workplace discrimination lawsuits is monetary damages. To win those, you have to prove that your employer acted illegally and that their behavior resulted in a loss or damages.

Your Schaumburg employment discrimination lawyer will evaluate your case thoroughly to determine said losses. In an employment discrimination case, this can include lost wages, benefits, emotional turmoil, and punitive damages (to punish employers). In some cases, you may be able to get a settlement large enough to cover your attorney’s fee or be entitled to it from your employer.

They Can Coach You

Even if you have your ducks in a row for your discrimination case, you may be a poor witness. Your lawyer can determine this and coach you on how you should represent yourself in court as the key witness. You need to appear clear, organized, presentable, and honest to have any sway over a jury or judge. A sincere and credible demeanor can maximize your settlement claim more than you realize.

Contact the Law Offices of Joshua D. McCann, LTD

Workplace discrimination can make your life miserable and affect your performance. You can and should sue if you think your employer is treating you unfairly because of your skin color, age, religion, or other protected category. Contact our attorneys at the Law Offices of Joshua D. McCann, LTD for a consultation today. We represent employees like you across Schaumburg, IL, and can help you get the compensation you deserve.

Discrimination based on sex and sexual identity is prohibited under Title IX of the Education Amendments of 1972. So yes, parents can sue the school district of Illinois if they believe their child’s rights were violated in this case. At this point, filing a complaint with appropriate authorities and hiring a gender discrimination attorney in Chicago should be your priority.

Discrimination based on sex includes discrimination based on pregnancy, parental status, and sex stereotypes (treating a child differently because they cannot conform to a gendered role or meet traditional expectations about their sexual identity).

Filing a Complaint

Before hiring a gender discrimination attorney in Chicago to sue the school, file a formal complaint with the Office of Civil Rights (OCR) in writing. You can also submit it via the Discrimination Complaint Form, which you can get from their offices. Some of the information you should mention include:

• Your complete name and address.
• A phone number.
• A basic description of the child or class of individuals who faced the alleged discriminatory act. Names are not required.
• The location and name of the institution that allegedly perpetrated said act.
• Details about the alleged discriminatory act or act to aid the OCR in understanding the situation, i.e., what occurred, when it happened, and the main basis for the discriminatory act.

You have 180 days to file the complaint unless the OCR extends the deadline due to relevant causes.

Determine ‘Cause of Action’

Before suing a school district, you need to establish a ‘cause of action.’ This legal term pertains to facts that prove a lawsuit is justified. In other words, if you can prove that specific factors are grounds for a lawsuit against the other party, you can sue them.

For example, say your non-binary child was denied admission to school because of their gender. In this case, the cause of action would be selective admission practices. The school denied or refused entry to a child based on a category that is protected by constitutional and federal law.

Suing A Public School vs. a Private School

Contrary to popular belief, the process for suing a public school district is vastly different than that of suing a private one. The former are government entities protected by sovereign immunity, but the latter are businesses owned and run by shareholders or certain private individuals. You can sue a private school without filing the complaint mentioned above. That is why suing a private school is easier and faster than filing a lawsuit against a public one.

Contact the Law Offices of Joshua D. McCann, LTD to Sue the School

Schools should be safe places for children, irrespective of gender identity or sexual orientation. Whether you want to sue a public or private school for gender discrimination, get in touch with our gender discrimination attorney in Chicago at the Law Offices of Joshua D. McCann, LTD for a consultation. We also take on cases based on other protected categories such as religion and workplace discrimination. Fight for the outcome you and your child deserve with our help.

On May 2nd, a draft of the decision regarding the Dobbs vs. Jackson abortion case was leaked to the press. If the decision is finalized, it could overturn the Roe vs. Wade case that made abortion illegal in the United States. The overturn will have far-reaching consequences for civil rights in the state, which are still being examined.

While the decision will be finalized in June, experts believe that the conservative Supreme Court may target LGBTQ+ rights regarding contraception access.

What is Roe vs. Wade?

To understand the implications the overturned case could have, we need to discuss the case that made abortion rights a hot topic in the US, i.e., Roe vs. Wade. Jane Roe was an unmarried and pregnant woman who filed a lawsuit for herself and others challenging Texas abortion laws. A doctor arrested for violating the statute also joined the lawsuit stating that abortion laws were too confusing for medical practitioners to follow accurately.

The Supreme Court made the following decisions on the case:

• Individuals have a fundamental right to privacy under the US Constitution which protects their right to determine if they wish to have an abortion.
• The abortion right has to be balanced against the government’s interests regarding its duty to protect prenatal life and health.

The case highlighted whether Americans had the right to determine how they wished to live their lives. Abortion rights became personal matters that the state did not have the right to interfere with unless there were extenuating circumstances.

What May Happen If Roe vs. Wade Is Overturned?

If the decision is overturned, it will set the wrong example that anti-rights and certain government groups can pounce on. With time, they can use the decision to deny the rights of girls, women, and other individuals who can get pregnant.

However, scholars and advocates claim that the major issue is that once the draft is finalized, it may be used to violate the rights of the LGBTQ+ community about marriage and sexual relations. A leaked memo from the National Senatorial Committee stated that political position should be based on reason and compassion since Republicans don’t want to ‘throw doctors and women in jail.’ However, a law based on a statewide abortion ban was also floated by Congress members.

If the Supreme Court overturns Roe vs. Wade, abortion pills via telehealth subscription may be delivered via mail as a form of legislative warfare. The nation will be divided, with democratic states being pro-right and Republican states being pro-life. The former may also experience an influx of patients seeking legal abortions because their home states don’t allow it.

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

Abortion is legal in Illinois. If a hospital or a partner denies your abortion rights, your civil rights are violated. Contact the Chicago civil rights attorney at The Law Offices of Joshua D. McCann, LTD for a consultation today. We can create a solid case to protect your rights and ensure your voice is heard. We have helped countless clients like you get justice and can help you as well.

Sports has two desirable standards – it gives every athlete equal opportunity to compete and levels the playing field. However, the lines can get blurred when it comes to transgender athletes. As more and more players come out proudly, showing the world that they are not afraid to reveal their gender identity and compete on an equal footing. However, many are facing discrimination for their bravery, especially transgender swimmers in women’s teams.

Transgender Athletes in Swimming

Transgender individuals are people with a gender identity different from the one assigned to them at birth. Their biology at the time doesn’t match how they present themselves, and many undergo sex-change medical procedures to become the gender they associate with.

Renowned swimmer Lia Thomas made headlines recently as she became the first openly transgender athlete to win the NCAA Division 1 national championship. However, her participation and win were deemed unfair as she was allegedly stronger than her heterosexual female counterparts. Officials and other swimmers argued that she had a distinct advantage over her competition since she had the strength of a man.

NCAA Regulations regarding Trans Swimmers

While she isn’t the first trans swimmer in the NCAA, Lia’s victories have placed her in the center of a debate about trans athletes. The ramifications are positive for all athletes who refuse to conform to standard gender norms and wish to compete as their actual gender.

To appease the masses, the NCAA updated its transgender inclusion policy to outline what they considered a transgender swimmer.

As per the playing rules:

• A transgender male athlete or student-athlete is an individual who has received a medical exemption for testosterone treatment for gender dysphoria, Gender Identity Disorder to compete in the NCAA completion in the men’s team. They are not eligible to compete in the women’s team unless the team changes its status to mixed.
• A transgender female athlete or student-athlete is anyone undergoing treatment to reduce testosterone levels in their body for gender dysphoria, Gender Identity Disorder to compete in the NCAA completion in the men’s team. They cannot compete in the women’s team till they complete one year of testosterone suppression treatment.
• Before they start hormone treatments, a transgender student athlete’s college has to submit a waiver to waive the rule regarding swimsuits. This has to be done every year, so they have to re-submit annually to ensure their students can compete in the suits designed for their bodies.

The case for transgender athletes is a complex one. Not everyone is on board, and many states are placing bans on this gender from competing in sports consistent with their gender identity. This does not include Illinois. So if you are banned from a sport because of your gender identity, contact a Chicago gender discrimination lawyer right away and protect your rights.

Get In Touch With the Law Offices of Joshua D. McCann, LTD

Gender discrimination has no place in the workplace, sports, or anywhere in your life. If you believe you are being discriminated against because of your gender identity, get in touch with a Chicago gender discrimination lawyer at the Law Offices of Joshua D. McCann, LTD. We have years of experience representing clients like you who feel they are not being heard. We will fight for the outcome you deserve.

Chris Smalls, the president of the first-ever Amazon Labor Union, stands as a shining beacon of hope for exploited workers in the American workforce. The retail behemoth was forced to allow employees to unionize after a long and persistent battle by a small movement that quickly snowballed into a significant protest over worker rights. Get in touch with an experienced Chicago employment rights attorney for legal representation if your employer has violated your employee rights.

How Chris Smalls Heralded a Movement on Worker Rights Against Amazon

Chris Smalls was fired from his job at an Amazon warehouse on Staten Island when Covid-19 became a pandemic at the beginning of 2020. Smalls and his friend and co-worker Derrick Palmer organized a walkout over unsafe work conditions. Seeing Smalls as the leader, Amazon fired him the same day.

This is the first time the retail giant faced such a movement, and it left no stone unturned to try and stop it. It included a multimillion-dollar campaign to try and prevent the workers from unionizing.

That is when Smalls staged a walkout at the warehouse over working conditions but was fired for his trouble. The company initially claimed that he was ‘not smart or articulate’ during a meeting with founder Jeff Bezos to discredit him.

Their plans backfired. By firing Chris Smalls, Amazon made him a martyr. The unfair termination sparked widespread protests and outrage on social media and attracted Senator Bernie Sanders’s support.

Formation of the Amazon Labor Union (ALU)

With solid backing from the masses and political support, Smalls formed the Amazon Labor Union (ALU) in 2020. For the next two years during the pandemic, he worked with his partner, Palmer, to rally Amazon workers via a series of small events such as barbecues and bonfires near the warehouse where it all started.

Smalls would also speak with people waiting at the bus stop to further his cause. His campaign eventually raised enough money through GoFundMe donations to make the union possible. He accomplished his goal without any aid from the top labor organizations, and while Amazon was doing everything in its power to stop him.

Smalls also revealed that the issues with Amazon started years ago. Staff often complained about unsafe working conditions and short breaks to higher-ups but were ignored. Rather than addressing complaints with solutions, the company would unwittingly belittle their employees by offering them treats such as cupcakes and lollipops to ease them. It showed that management saw their workforce as kids rather than adults with families to support. With Smalls and Palmer helping workers unionize, they have set the stage for better work conditions and benefits, whether the retail giant is onboard or not.

Contact the Law Offices of Joshua D. McCann, LTD to Fight for Worker Rights

Whether you work at Amazon or any company in Schaumburg, Illinois, and believe your worker rights have been violated, contact an experienced Chicago employment rights attorney at the Law Offices of Joshua D. McCann, LTD. We will create a tailored strategy customized to your end goals and ensure you get the maximum compensation you deserve.

Thanks to celebrities such as Caitlyn Jenner, the transgender community is getting more recognition than it ever had before. Many individuals who identify as transgender are emerging from the sidelines and taking their place in society and the workforce. Many are going for gender affirmation surgery whether their employers approve or not. As per anti-discrimination laws, employers cannot fire workers who want to affirm their gender through surgery.

The Legal Framework Protecting Transgender Workers in the Workplace

Transgender workers or employees who wish to undergo this procedure face an uphill battle. As per Title VII of the Civil Rights Act, employers cannot discriminate against their employees based on their race, color, national origin, and sex. This applies to employers with 15 or more workers, private organizations, the federal government, and local governments.

Employers Cannot Fire Employees for Getting Gender Affirmation Surgery

As per a Supreme Court ruling in 2020, ‘sex’ covers sexual orientation and gender identity. This means that employers cannot discriminate against transgender workers and those who wish to undergo gender affirmation surgery today.

Transitioning can be different for different people. What one person may deem medically necessary, another may not. For instance, some may only change their name or gender designation, while others may take hormones or undergo surgery to change their sexual characteristics.

Gender affirmation surgery has often been discussed under Title VII and the Affordable Care Act. Some beneficiaries believe that these laws bar employers from discriminating against workers who change their gender identity.

Several laws have been enacted across the US that prohibit employers from retaliating against transgender employees, whether they come out before or after being hired. This means that if workers are fired after getting gender affirmation surgery, they can sue their employers no matter where their employer is headquartered. Workers who want to undergo gender discrimination surgery in Chicago are also protected.

What Employers Can Do To Protect Transgender Workers

In light of these laws and to ensure they don’t get sued, employers should introduce policies and practices to ensure gender identities are protected. Some of these include the following:

Anti-discrimination policy

Comply under Title VII and ensure gender indemnity and expression are protected in the workplace.

Dress code policy

Discourage gender stereotypes by forcing male employees to wear dress trousers and female employees to wear skirts. Employers who allow their workers to dress as per their gender expression can increase workplace morale.

Monitor state laws

Employers should follow applicable state laws and look into federal laws regularly for changes, so they don’t mistakenly discriminate against employees.

Contact the Law Offices of Joshua D. McCann, LTD

At the Law Offices of Joshua D. McCann, LTD, we understand that one size doesn’t fit all when it comes to gender identity. If you were fired after getting gender affirmation surgery in Chicago, get in touch with us for a consultation as soon as possible. We can fight for your rights and hold your employer accountable for the damage they have caused. You shouldn’t have to hide who you are because your employer doesn’t accept different genders. We can ensure you get the compensation you deserve.