Author: msaawe

Workplace discrimination can cripple even dedicated employees and prevent them from realizing their career goals. In fact, you may be a victim yourself and just haven’t realized it. Here are some signs you should not ignore, as mentioned in the Illinois Human Rights Act:

You Receive Comments On Your Gender
Some ill-timed remarks from colleagues may be harmless, but not ones that take a dig at your gender. For example, if you are constantly belittled because you are a female colleague, you have grounds to file a harassment complaint. If it does not stop, even after you file a complaint, you can hire an attorney and file a lawsuit against your employer for his/her failure to prevent it.

You Are Pressurized At Work Because Of Pregnancy
You are not obligated to tell your supervisor or boss you are pregnant – unless it interferes with your ability to do your job. You don’t even have to offer detailed medical information about your condition and if you are pressurized to do so, you have grounds to lodge a formal complaint. This type of harassment falls under pregnancy discrimination.

You Are Denied Promotions
Some employees are denied promotions based on their gender, race, disability, and any other thing employers think may compromise your job capabilities. For example, if you are denied projects that can allow you to prove your worth to your employers – even though you have the ability to complete them, you have grounds for complaint. An attorney can help you gather critical evidence to make a sound case.

Your Workplace Lacks Diversity
Demographic realities among workforce members are taken for granted in certain industries, despite attempts to resolve them. As such, employers in said industries may show discriminatory behavior among their employees based on race, religion, gender, disability, etc. A workplace that does not have a diverse employee pool may point to this.

Spotting workplace discrimination is not difficult but some signs, like the ones mentioned, can be difficult to notice. If you believe you are a victim of discrimination in the workplace, you should get in touch with an attorney at the Law Offices of Joshua D. McCann, LTD as soon as possible. We understand you are angry, frustrated, scared and feel violated by the people and organization you have come to trust. We are relentless when it comes to taking large and private employers to task, especially those who think they are above the law. Get in touch with us today for a consultation in Schaumburg, Illinois.

Just because you have a disability, does not mean you are not entitled to fair and equal opportunities in all aspects of your life. In Illinois, this includes the workplace. Employees who are disabled are protected by the Disability Rights Bureau, which enforces both federal and state laws when it comes to protecting their right to access services, housing and buildings.

The Right To Reasonable Accommodation

As an employee with a disability, you have the right to ‘reasonable accommodation’ pertaining to your job. According to the Federal Americans with Disabilities Act, it refers to any change in the hiring process, application process, how the job is done or the work environment, which can allow anyone who is qualified for the job to perform essential functions. A number of disabilities, both mental and physical, which can limit or prevent you from earning a living or make it extremely difficult, are covered by these laws.

The reasonable accommodation requirement is deliberately kept broad allowing the disabled to do their job to the best of their abilities. Different accommodations may be required, depending on the type of disability you have and the job you have.

For example, you may require a change in your work schedule, require non-essential duties to be reassigned, require special equipment, which can help you access your station or require interpreters. For example, if you are hard of hearing or completely deaf, you may require an interpreter for a job interview.

However, employers in Illinois cannot be asked to provide accommodation if by doing so they would impose an undue hardship on their business. This includes the people they already have on the payroll and the cost they will have to incur to provide said accommodation.

However, according to the Federal Americans with Disabilities Act, employers who have 15 or more employees are required to provide reasonable accommodation. To determine whether an employee requires it or not, they need to look at the position the employee holds, how their disability affects their job capabilities, and the work environment they will work in.

If you have been discriminated against in the workplace because of a disability, you have the right to ask for compensation. Get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD today. We don’t want you to settle for the bare minimum. We will ensure justice is served. Contact us today for a consultation in Schaumburg, Illinois.

Federal and state laws protect employee discrimination on certain characteristics in Illinois workplaces across the state. However, depending on what type of employer you have, the complaint has to be made in a specific manner and to a specific entity. For federal employees, that entity is the Equal Employment Opportunity Commission (EEOC).

The EEOC is a federal agency responsible for enforcing workplace discrimination. The responsibility for enforcing state anti-discrimination laws falls to the Illinois Department of Human Rights (IDHR). This entity protects discriminated employees by conducting investigations of alleged discriminatory acts against private employers, local government, unions and environmental agencies.

On the other hand, federal anti-discrimination laws apply to employers who have 15 or more employees on the payroll, except the following:

• Age discrimination complaint against employers who have 20 or more employees.

• Citizen status discrimination complaint against employers who have four (4) or more employees.

• Equal pay discrimination for both male and female employees for all employers.

In the state, organizations that have 15 or more employees on the payroll are held to all anti- discrimination standards and laws. Also, employers who have one or more employees who violate anti-disability, anti-pregnancy and sexual harassment laws are subject to hefty lawsuits.

Federal employees who think they have been discriminated against in the workplace have 300 days from the first act to file their complaint with the EEOC. The complaint should have the following details:

• A detailed description of the discriminatory act.

• The complainer’s phone number and address.

• Information on the employer or supervisor who committed the discriminatory act.

• The signature of the complainer.

If mediation does not work, the EEOC will start its investigation of the claim, depending on the information you provided. If they are unable to determine if the accused violated a law, you would receive a Notice of Right to Sue, which gives you permission to file a lawsuit. This has to be done within 90 days of the arrival of the notice.

Even though you are protected by law against workplace discrimination, you may not know how to assert those legal rights. This is where the Law Offices of Joshua D. McCann, LTD can help. We have more than three decades of experience fighting for the rights of employees in Schaumburg, Illinois, and surrounding states. Get in touch with us for a consultation today. We can ensure you get the compensation you deserve.

According to the Illinois Human Rights Act, employers cannot discriminate employees on the basis of their gender. While penalties are strict, the trend is still apparent in workplaces across the state however – in a subtler way. Gender bias has no place in business, whether an office is male-dominated or not.

You may have been targeted without being aware of it. Here are some common signs you are being discriminated against because you are a female employee.

Male Colleagues Are Praised For Their Feedback, You Are Ignore

This is common in a lot of board rooms across the U.S. Female employees are often ignored in meetings or their ideas are shot down. However, when they are repeated by men, they get accepted and the male employees are also praised for them. If your ideas are being poached like this, you are being discriminated against.

You Are Maintaining A Balancing Act

As a woman, you may have trouble asserting yourself and remaining likeable in the workplace. You know that if you are too considerate, your colleagues may walk all over you. However, if you are aloof or short with your replies, you may be ostracized.

Maintaining this balancing act can be a challenge and your authority may still be undermined and may find yourself apologizing more than necessary. If your male colleagues are not facing this issue, you may be a victim of gender bias.

You Have To Keep Proving Yourself

Most managers and high executives tend to judge men based on their likeability and potential rather than on their work. The same higher ups expect women to keep proving themselves with facts that prove their contributions. If you feel your boss is ignoring you in favor of male colleagues who are doing the same things you are, you are being discriminated against. If the situation escalates to sexual harassment, you have more than enough grounds to file a lawsuit.

Business has to be genderless for it to succeed. If you are a victim of gender bias in the workplace, get in touch with an attorney at the Law Offices of Joshua D. McCann, LTD today. We have been fighting for the rights of victims just like you for three decades and are known for aggressive representation. It doesn’t matter whether you work for a small store or a Fortune 500 company. We will take them all to task in court and ensure you get the compensation you deserve.

Before 2015, workplace laws in Illinois were insufficient when it came to protecting the rights of pregnant women and new mothers in the workplace. All that changed when lawmakers realized these employees were often discriminated against, fired or forced to go on unpaid leaves when they were due or suffered from complications. This used to be the case – even if employers could make reasonable accommodations to make their employees comfortable.

Besides the physical discomfort, other issues women faced due to this discrimination include lost wages, loss of opportunities and in some cases, unemployment. These often led to lifelong repercussions when it came to their financial health and wellbeing of their families.

The Pregnancy Accommodation Amendment

Put into effect January 1, 2015, the Illinois Human Rights Act was amended to provide such employees greater protection. Called the Pregnancy Accommodation Law or Public Act 98-1050, the amendment applies to every employer in the state who has one or more employees. It covers part-time and full-time workers, as well as those who are on probation and who are pregnant or become pregnant.

In other words, employers who discriminate based on pregnancy in Illinois will be committing a civil rights violation. Under the Act, employers cannot:

• Fail or refuse to accommodate a pregnant employee unless the accommodation will result in undue hardships for the business.

• Refuse to segregate, act or segregate with respect to hiring, employment renewal, recruitment, discipline based on pregnancy.

• Refuse to provide or hide job opportunities or benefits or act against a qualified job applicant if both are based on the employee or applicant’s need for pregnancy accommodation.

• Try and force an employee to accept accommodations they did not request and declined.

• Require an employee to take a leave of absence under any business policy if their request for accommodation cannot be provided.

• Fail to reinstate the employee to the same position or an equivalent one, along with the same pay as well as the same benefits and service credits when she confirms she wishes to return. This is the case unless the employer can prove reinstating the employee can result in undue business hardships.

• Fail to include the rights of pregnant employees in the company policy or handbook or fail to keep it in a conspicuous location.

• Retaliate against employees because they requested reasonable accommodations due to their pregnancy.

Common accommodation requests employers should give pregnant employees include breaks for increased water intake, more bathroom breaks, periodic rest and private bathroom space for expressing breast milk.

If you think you are being discriminated against because of your pregnancy, you need to understand your rights according to the law. The Law Offices of Joshua D. McCann, LTD has the lawyers who can represent you aggressively and ensure you receive the compensation you deserve and need. We’ll advise you on all legal options you have at your disposal. Get in touch with us at Schaumburg, Illinois, today.

Religious freedom and practices are protected in Illinois to ensure workers and job applicants can gain meaningful employment without facing discrimination. The laws may be strict, but they are not so stringent they can unnecessarily impede business operations.

Illinois Religious Discrimination Laws

While employers in Illinois can set proper dressing and grooming standards for employees, they cannot offend religious requirements. That is against the law, according to the Illinois Human Rights Act and this protection includes all aspects of a religious practice – as well as individuals’ beliefs and even atheism.

A few years ago, the Human Rights Act was also amended to include coverage according to dress and grooming policies in workplaces in Illinois. Known as the Religious Garb Law, it states no employer can protest an employee’s or a job applicant’s insistence on donning attire, facial hair and clothing, which are in accordance with their religious beliefs, rules and practices.

However, this does not include circumstances in which the business can face undue hardships because of an employee’s/applicant’s religious beliefs and practices. Plus, the law does not prevent employers from enforcing dress and grooming policies, which exclude clothing or facial hair that can compromise food sanitation or workplace safety.

What Employers Can Do

If an employee wears or asks to wear religious garb to the workplace, which violates a business’s dress and grooming policies, employers need to consider the following:

• Recognize that such requests can take a number of forms when it comes to dress and grooming policies. These may also include certain types of jewelry or head gear or even refusal to wear certain clothing that violates religious beliefs and practices.

• The most acceptable reasons to deny such requests include workplace safety, security and health concerns. However, employers can still try and accommodate requests and ensure they maintain the same stance for similar requests in the future by other employees.

• The requests cannot be denied because of customer preferences or because of complaints from a co-worker.

What Employees Can Do

However, to ensure the previously mentioned protections are enforced, the following criteria must be met:

• The employee must clearly explain why they need religious accommodation.

• They should also explain how their religious requirements and job requirements can come into conflict during the course of their employment.

• Employees must also be willing to accommodate their employers to prevent business hardships as much as they can.

• The employee’s religious beliefs should be part of a real and existing religion to be deemed valid.

If you think your religious rights are being violated or you are being discriminated against in the workplace because of your beliefs, you have the right to sue your employer. If you are hesitant in coming forward because you fear for your job security, you are doing yourself a disservice. Get in touch with our lawyers at the Law Offices of Joshua D. McCann, LTD and share your concerns with us. We have been fighting for employee rights in Schaumburg, Illinois, for three decades and this includes the surrounding states.

According to the Illinois ‘at-will’ employment doctrine, employers can fire employees for any reason. However, certain classes are protected and there are a few exceptions to this rule: the main one being a ‘retaliatory discharge.’ If an employer fires an employee out of retaliation for any reason, the employee can press retaliatory discharge charges against them.

Some common examples of retaliatory actions the Equal Employment Opportunity Commission (EEOC) considers includes employers who:

• Scolded the employee;

• Physically and verbally abused the employee;

• Shifted the employee to less desirable position;

• Gave the employee an unfair or unjustified performance evaluation;

• Made work difficult for the employee deliberately;

• Threatened the employee with termination or fired them.

Making a Retaliatory Discharge Claim

According to the Illinois Worker’s Compensation Act, unfairly terminated employees have to prove the following elements to file this claim:

• The termination is related to employee rights, which are outlined under the act;

• They were employees before suffering the work related injury;

• They are exercising a right mentioned in the act.

The key is to prove the retaliatory action by the employer is a direct violation of the protected rights of the employee. Once that is determined, you can file a claim.

Here is an example: If you think you are about to be fired because you applied to receive for Worker’s Compensation benefits, you need to:

• Record all the events and conversations you think are relevant enough for your claim. This includes all emails and written communication you exchanged with your employer that you can use against them. This includes threatening message or other incriminating statements they may have made in front of colleagues. Get a written statement from them if possible before filing the lawsuit.

• Immediately file an application for the Adjustment of Claim with the Industrial Commission. This will ensure your employer cannot claim they were not aware you had filed to receive the Worker’s Compensation benefits.

Bear in mind you only have two (2) years from the date of the termination to file this claim in court. Failure to do so can forfeit your rights under Section 4(h) of the act.

Why You Should Hire an Attorney for a Retaliatory Discharge Claim

In Illinois, state and federal laws protect employee rights. If you think you are about to be fired because of reasons that violate those rights, you can file a claim in court. However, if you do not know how to assert that right legally, you may suffer in the end.

This is where the attorneys from the Law Offices of Joshua D. McCann, LTD can prove invaluable. Don’t hesitate to come forward and get the compensation you deserve. We have more than three decades of experience fighting for the rights of employees in Schaumburg, IL and the surrounding states and have litigated more than 500 cases in court. Get in touch with us for a consultation today.

Getting fired because you asked to be compensated for workplace injuries is devastating but in Illinois, you can take your employer to court for it. Even though Illinois is an at-will employment state, there are certain exceptions which prevent employers in Illinois from firing an employee. This includes employees who expose corruption, fraudulent behavior and other wrongdoings in the workplace.

As such, the state protects employees who:

– Raise concerns about their employer or other employees who they think have been discriminated against for their race, sex or age by their employers.

– Raise concerns about lack of safety in their workplace.

– Request medical or family leave, which they can take according to the law.

– Protest unfair wages, which also violate federal and state laws.

– Raise concerns about an employer who is trying to force them to retire or to think about quitting after reaching a certain age.

– Raise concerns about employers who harass them because of their age, sex or gender.

– Reveals or raises concerns about unlawful financial practices in the company.

These are just some of the circumstances in which an employee is protected against employer retaliation in Illinois. To get the full list or to determine whether you can file a claim, you should get in touch with an attorney right away.

Signs That Your Employer Is Retaliating Against You

Acts of retaliation by an employer can be tricky to detect in some cases but there are some signs you can watch for. For example, if your employer’s demeanor towards you changes because you complained about harassment, you cannot file a claim if it does not affect your employment status.

However, if something negative happens right after your complaint, you have the right to be suspicious and question your employer’s conduct. For example, if you were fired for a small infraction, got a really poor performance evaluation or were excluded from meetings right after making your complaint – you may have cause to act.

If you think your employer is retaliating against you, the first thing you need to do is report their conduct to human resources, as well as the reasons you think are behind their behavior. If your employer cannot give a legitimate reason for treating you unfairly and fires you, you can file a claim against them in court.

This is where the Law Offices of Joshua D. McCann, LTD can help. We can help you understand all your legal rights, according to the Illinois Employment Act and according to your specific workplace context. This includes the claims process and what can be done to ensure you get the compensation you deserve and need. If you are a federal employee, you may be under separate protections you may not be aware of.

Our office works proactively with employees who have been unfairly discharged and this includes answering queries they may have regarding their rights. Get in touch with us for a consultation today and we will explain all of the legal options you have at your disposal.

Considering the recent COVID-19 pandemic, the EEOC (Equal Employment Opportunity Commission) has published guidelines employers must keep in mind when dealing with coronavirus cases in the workplace.

According to the publication, employers, who are covered by the ADA, must make decisions based on what’s happening, not their own speculations. They should keep safety concerns in mind, but they must stay updated with the latest developments to prioritize their employees’ safety.

Employers need to remember the ADA medical exam and inquiry rules need to be followed when they’re examining the situation in their respective workplaces.

They must look for objective evidence before deciding to investigate an employee who can pose a direct threat to other employees. Employees shouldn’t be put through medical screening procedures unless there’s evidence they have been exposed to the virus and they’re showing symptoms of COVID-19.

Since the World Health Organization (WHO) has declared coronavirus to be a global pandemic, the publication also has a separate section addressing the concerns of employers regarding what needs to be done after a pandemic is declared.

If an employee has called in sick, ADA-covered employers can ask them if they are experiencing common COVID-19 symptoms. These include chills, coughing, fever, sore throat, or shortness of breath. However, they must keep any information about their employee’s illness a confidential medical record – in compliance with the ADA.

Since health authorities and the CDC have issued precautions and acknowledged the community-wide spreading of COVID-19, employers can measure an employee’s body temperature to make sure no one’s health is at risk. However, they should note some people with coronavirus may not have a fever.

Any employees showing symptoms of COVID-19 are required by the CDC to stay home. Employers can safely act on this advice without any interference from the ADA. Upon the affected employee’s return to work, employers are allowed by the ADA to ask them for doctors’ notes, which certify they’re fit to resume their duties.

If healthcare professionals can’t provide them with fitness-for-duty documents due to their busy schedules, which can be the case during a pandemic outbreak, employers are required to take a different approach. They may rely on local clinics for an email, form, or stamp, which certifies the employee doesn’t have the coronavirus and can safely return to work.

Guidelines also state employers are required to provide reasonable accommodations to employees that have known limitations due to their disabilities – even during this pandemic.

The only exception to this is for cases where providing accommodations to employees will pose undue hardships for the employer and have a significant effect on their business, i.e. it can lead to added expenses for the employer, considering the cost and nature of the requested accommodation and the availability of resources.

The Families First Coronavirus Response Act, HR 6201, was signed into law last night by the President. There are two components to the law. The following is a summary of both sections of the law. We will continue to provide updates as they become available

The Public Health Emergency ‎Leave Law

This law applies to all employers with fewer than 500 employees (that isn’t a typo- the ordinary federal FMLA only applies to employers with 50 or more employees). The law allows the ‎Secretary of Labor to issue regulations to exclude certain health care providers and emergency responders from eligibility and to exempt businesses with fewer than 50 ‎employees if the obligations would jeopardize the viability of the business. Since this law becomes effective 15 days from enactment (last night), we do not know if those regulations will be issued before it becomes law.

The ordinary eligibility provisions for coverage under the FMLA do not apply. Employees are covered if they have been employed for at least 30 days – they do not have to meet the ordinary requirement of working at least 1,250 hours with the employment of at least 12 consecutive months.

To qualify, the employee must be unable to work (or work remotely) because he/she needs to care for his/her minor child if the child’s elementary ‎or secondary school or place of care has been closed or if the child’s regular paid care provider is ‎unavailable because of an emergency declared by a federal, state, or local authority with respect to ‎the coronavirus.

Employees are ‎eligible for the same amount of FMLA leave as under the current FMLA- i.e. up to 12 weeks. However, the difference is that this leave is paid after 10 days. (It should also be noted that this law does not change the Maine FMLA- so it is possible an employee can take the 12 weeks under this FMLA (all paid beyond 10 days), and then an additional 10 weeks under Maine FMLA (unpaid)).‎ The employee can opt to use any accrued paid time ‎off, vacation time, sick leave, or other paid leave during this initial period (including sick leave under ‎the Emergency Paid Sick Leave Act, the other part of the new legislation). ‎

After the first 10 days of this leave, the ‎employer has to pay the employee at a rate of 2/3 of the employees’ regular rate of pay for the number of hours the employee would ‎normally be scheduled to work. It caps the total amount to no more than $200 ‎per day and $10,000 in the aggregate. ‎ If an employee works a varied schedule, the employer has to average the employee’s hours worked ‎per day over the previous 6 months or, if the employee has not worked during that period of time, ‎the average daily hours the employee would have been reasonably expected to be scheduled to ‎work when hired.

The law contains the right of restoration to the same or a similar job. However, employers with 25 or fewer employees ‎are exempt from job protection if: 1) the position held by the employee does not exist due to economic conditions or other changes in operating conditions that affect employment and are caused by a coronavirus-related emergency declared by a federal, state, or local authority; 2) the employer makes reasonable efforts to restore the employee to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment; and 3) after those reasonable efforts fail, the employer makes reasonable efforts to contact the ‎employee about an equivalent position, if one becomes available, for one year following the ‎conclusion of the coronavirus-related emergency or the conclusion of the 12-weeks of ‎coronavirus-related leave taken by the employee, whichever is earlier.‎

There is a payroll ‎tax credit for covered employers as part of the new law.‎

Emergency Paid Sick Leave Act

This law requires all employers with fewer than 500 employees to provide immediately-‎available, paid sick leave time to all employees, regardless of how long they have been employed.‎ As with the FMLA above, the Secretary of Labor can issues regulations to exempt certain health care providers and emergency responders, as well as small businesses with ‎fewer than 50 employees (where the time is taken to care for a child where the child’s school has ‎been closed or childcare has become unavailable).

This leave is available for the following reasons arising out of the pandemic:

• to self-isolate or seek medical diagnosis or treatment following diagnosis or exhibition of ‎symptoms,

• to follow health care or public official recommendation or orders,

• to care for family ‎members who are self-isolating or seeking medical diagnosis or treatment, or

• to care for children ‎following school closures or unavailability of childcare.

Notably, it does NOT appear that this leave is available if the employee is not working because the employer has prohibited the employee from reporting to work because of virus concerns. This will likely be further addressed in the expected regulations. Full-time employees are entitled to 80 hours of paid sick leave, and part-time employees are entitled ‎to sick leave equivalent to those hours the employee works, on average, over a 2-week period.‎

If the leave is taken for the employee’s own self-isolation, medical diagnosis, or treatment, the ‎employee is entitled to paid leave at 100% of his or her regular rate of pay. If leave is ‎taken to care for a family member or child, employers only are required to provide leave at 2/3 ‎the regular rate of pay.

There is a daily and aggregate cap on the totals:

• The sick leave cannot exceed $511 per day and $5,110 in the aggregate for an employee’s ‎self-isolation, medical diagnosis, or treatment

• It cannot exceed $200 per day and $2,000 in the ‎aggregate for sick leave taken by an employee to care for a family member or child.‎

If an employee is paid under something other than a typical pay arrangement, the employer is to ‎calculate average daily hours worked similar to under the amended FMLA. The DOL should be issuing guidance to assist with these calculations.

These provisions are in addition to an employer’s existing paid ‎sick leave policies. AND, employers are prohibited from requiring that employees ‎use employer-provided vacation time, sick time, or other paid time off before using paid ‎sick leave under the Sick Leave Act.‎