Author: msaawe

In this dynamic business environment, workplaces have employees that come from different racial, ethnic, and religious backgrounds. However, a diverse environment comes up with its own challenges, a primary one of which is ensuring that employees do not feel discriminated. This can be particularly a problem when it comes to religious holidays.

It is reasonable for employees to expect that their company understands their commitments pertaining to religious activities. Consequently, they assume that they will be granted leaves to observe religious holidays. However, in many cases, employers do not allow employees to take leaves for their religious activities. This may potentially put their business at risk for an employment discrimination lawsuit.

How Discrimination Affects Requested Time off for the Holidays

There is no particular federal or state law that dictates that an employer has to provide holidays to their employees for religious activities; however, the Title VII of the Civil Rights Act of 1964 prohibits employers to show bias or prejudice towards their employees due to their religious affiliations. Moreover, employer cannot force an employee to participate or not to participate in their respective religious activities.

Under Title VII, employers owe a duty to their employees to accommodate their requests related to religious adherence, for instance taking a few days off to observe a religious holiday. However, the leaves must not result in an undue hardship for the employer. Signs of undue hardship include, but not limited to:

• Additional costs related to their job

• Compromise on workplace safety

• Reduction in efficiency at workplace

• Infringement of rights of other employees

• Putting other employees at risk by burdening them with their share of potentially hazardous work

However, if an employer cannot demonstrate that the company may face undue hardship due to aforementioned reasons or any other reason, then employees are rightfully entitled to reasonable accommodation for time off for observing their religious activities. Period of time off may vary and depend upon circumstances, but should allow sufficient time for an employee to fulfill their religious obligations.

Furthermore, if employees belonging from certain religious affiliations may receive time off for their religious activities and employees from others religious backgrounds are denied, then it demonstrates prejudice and partiality, leaving the employer exposed to potential litigation.

In addition to that, discrimination can also take place on the basis of gender, race, color, or national origin. For instance, a female worker may be denied off days for the holidays to spend extra time with her children due to her gender, or perhaps due to maternity leaves that she took last year.

Nevertheless, if you are denied time off for the holidays and you believe that you are being discriminated, then you can file a claim against your employer by acquiring services of an experienced employment discrimination lawyer. An attorney will ensure that your rights remain protected and your employer cannot act with impunity against you.

A seasoned employment discrimination lawyer is well versed with federal laws, such as Title VII, Equal Pay Act, among other discrimination laws, which may be applicable to your case allowing them to devise a strong case in your favor. Using their proficiency and knowledge related to law, an employment discrimination lawyer will help you to get justice and perhaps off days that you are rightfully entitled to obtain.

If you want to know more about this subject or want to schedule a free consultation with an experienced employment discrimination lawyer, it is highly recommended for you to contact the Law Offices of Joshua D. McCann, LTD.

Every employer must evaluate an employee based on their qualifications, experiences, skills, and capabilities. Sadly, these credentials may get overlooked due to discrimination in many workplaces hence the term “workplace discrimination exists”. It refers to any instance where an employee may receive substandard treatment such as being offered a lower salary or facing harassment due to their age, race, sex, religious beliefs, or even pregnancy.

What Is a Glass Ceiling?

The term glass ceiling refers to a barrier to advancement in employment due to discrimination, gender prejudice and bias to be precise. Sadly, this partiality still exists in modern corporate culture of the United States. This prejudice hampers career progression for women, restricting them to move forward in their respective fields.

A survey conducted by Forbes revealed that due to the glass ceiling, men are able to secure more top jobs than women. The survey also tells that women may expect to earn around 75% of men’s salary. Women may experience humiliating and frustrating experiences when looking to get a promotion, which may force them to resign from their job.

However, the glass ceiling effect is not as obtuse as it used to be in the past, but rather quite subtle. This makes it more difficult to identify the victim and wrongdoer. Glass ceiling tactics may be used indirectly for discrimination of executive offices. This may include:

• Offering stereotypical duties to a woman candidate

• Isolating a woman from a business discussion or meeting

• Progressive changing in job duties

• Reassigned a woman’s tasks to a man

• No promotion despite appreciations for excellent job performance

• Using subtle condescending or degrading comments for a woman

An organization which contains a glass ceiling mentality tends to favor men over women, providing them better opportunities to grow. Consequently, talented and deserving women are unable to advance within a company, which can be highly negative for their career.

If you believe that you are becoming a victim of glass ceiling and suffering from discrimination or unlawful treatment at the workplace, it can be highly beneficial for your case to hire an experienced employment discrimination lawyer to remedy the situation. Your attorney will protect your rights and help you to use those rights to seek justice against prejudice shown by an employer. However, you must ensure that you hire a competent and seasoned employment discrimination lawyer who is not afraid to fight for your legal rights against intimidating adversaries.

If you feel like you have been subjected to glass ceiling discrimination at work or want to schedule a free consultation with an experienced employment discrimination lawyer, it is highly recommended for you to contact the Law Offices of Joshua D. McCann, LTD.

Transgenders are not a particular group of people, but a diverse community which represents individuals with different racial, ethnic, and cultural backgrounds. Yet, transgenders experience discrimination on a regular basis, which affects nearly every aspect of their lives. Unsurprisingly, the workplace is not an exception, which is evident by The Williams Institute report revealing that 1 in 4 LGBT employees face discrimination. Common problems pertaining to transgender discrimination include refusal to hire, intrusion in privacy, verbal harassment, and physical violence.

Moreover, a summary report by human right campaign foundation shows that roughly 1 in 10 transgender employees quit their jobs due to an unwelcoming work environment. Moreover, if the transgender person is a person of color, then transphobia is further compounded, therefore, they are likely to face much higher rates of discrimination. If you have been terminated due to a prejudiced and discriminatory behavior at your workplace and want to pursue a legal case, it can be highly beneficial for your case to hire an experienced wrongful termination lawyer to seek rightful compensation for your loss.

Transgender people also become a victim of discrimination in career programs that are devised to connect them with potential job training and opportunities. Courts and federal agencies are continuously making efforts to combat this issue by using existing laws against discrimination due to sexual orientation. There are some instances where these laws remedied the situation, however, it does not specifically cover transgender people, therefore, could not eradicate employment bias to a greater extent.

It is imperative for transgender people to raise their voice against prejudice shown by an employer due to their sexual orientation. Non-discrimination laws can provide an optimal solution and oblige businesses to impose strict policies against discrimination to provide training to their employees to adhere to these non-discrimination policies.

Under the U.S. Equal Employment Opportunity Commission, any sort of discrimination against the LGBT community is prohibited. The law also protects you even if you are not a U.S. citizen. Therefore, if you have been subjected to a wrongful termination or are facing discriminatory behavior at your workplace, it can be advantageous for you to get assistance from a competent wrongful termination lawyer with vast experience in litigation. Your attorney will protect your rights and seek rightful compensation. Moreover, they will also help you to navigate through potentially troublesome and problematic issues pertaining to the workplace.

If you feel you have been subjected to wrongful termination or wish to schedule a free consultation with an experienced wrongful termination lawyer, contact the Law Offices of Joshua D. McCann, LTD.

The Family Medical Leave Act (FMLA) is a federal law that provides an employee up to 12 workweeks of unpaid leave each year with job reinstatement privileges. Accordingly, an employee is able to return to their same or equivalent job position after completion of their FLMA. This law also dictates that an employer that comes under the umbrella of FMLA also maintains health benefits for qualified workers. Employers are required by law to provide FMLA eligibility notice after requests for leave (or when they get information about qualifying reasons for leave) within 5 business days. The FMLA survey conducted by the United States Department of Labor revealed that 91% of employers that comply with FMLA had a positive effect on employee morale, absenteeism, and turnover.

FMLA Eligibility Requirements

There are three prerequisites that must be fulfilled by an employee in order to be eligible for FMLA. Firstly, an employee must have been working with company for at least 12 months. These 12-months of employment may not be consecutive; however, breaks more than 7 years or more are not counted as service period unless the break was based on a written agreement or military obligations. Secondly, an employee must have completed a minimum of 1,250 hours prior to the start of their leave. Finally, an individual must be working for an employer who employs 50 or more employees within a proximity of 75-mile radius of the worksite. However, public agencies such as state and federal governments are exempted from “50 employees” rule.

FMLA Coverage

The primary purpose of FMLA is providing a means for families to cater for personal and medical needs without jeopardizing their job security. Following are the reasons that may allow an employee to request FMLA:

• To prepare for birth or to take care of a newborn child.

• For placement of a child to a foster care or adoption center.

• To take care of an immediate family member (parent, spouse, or child) with a serious health condition.

• To take care of their own serious medical condition.

A medical certificate may be required in a case where an employee is suffering from a serious health condition, which may prevent them from performing their job.

In some instances, an employee may utilize their sick leaves or vacation as an alternative if they are not eligible for FMLA option. However, if you are entitled to FMLA and your employer does not approve your FMLA, you may consult an experienced and skillful employment lawyer. An employment attorney will help you to assert your rights and devise a claim against the non-compliant employer.

If you feel like you have been denied FMLA by your employer despite your eligibility or want to schedule a free consultation session with an experienced employment lawyer, contact the Law Offices of Joshua D. McCann, LTD.

The law protects a federal worker or an individual who is a job applicant from discrimination on the basis of their color, race, sex, age, religion, national origin, genetic information, or disability. The statute also provides protection to an individual from any sort of retaliation that they might face due to opposing employment discrimination, initiating a formal complaint, or playing a part in EEO grievance process provided by Equal Employment Opportunity Commission (EEOC).

Statistics provided by EEOC revealed that in Illinois, 4,392 of total charges were filed in 2017, representing 5.2% of total US charges. Furthermore, federal laws and regulations, coupled with executive orders (independent from EEOC) also prohibit and disallow discrimination based on marital or parental status, sexual orientation, or affiliation from a political party.

How to File a Complaint?

If you feel that a federal agency has exhibited discriminatory behavior against you, then you are eligible to take action by filing a complaint. Each agency is obligated to provide information about the procedure to contact agency’s EEO office. Therefore, you can contact the relevant EEO office and get in touch with a counselor. You must ensure that you take this step within 45 days of the related event when discrimination occurred.

A counselor will provide you with a choice of EEO counseling or a mediation program known as alternative dispute resolution program (ADR). However, if the dispute remains unsettled by aforementioned methods, you have a right to file a formal discrimination complaint against the agency within 15 days of receiving notice from your EEO counselor.

Filing a Formal Complaint

A detailed investigation will be conducted in regards to your submitted formal complaint which may take up to 180 days. You will be provided with two choices: either request a hearing before an Administrative Judge of EEOC or request an issuance of result by respective. In case if you are not satisfied with their decision or you disagree with a particular part of decision, you can appeal in EEOC or challenge it in federal district court. You also have a right to appeal against issued final order to EEOC Office of Federal Operations within 30 days.

Furthermore, you may post a request for reconsideration of appeal decision. However, you must demonstrate that there was a mistake about facts of your case or incorrect law was applied to presented facts in order to submit your reconsideration claim. However, decision issued after reconsideration is deemed final.

Filing a Lawsuit

You are also eligible to file a lawsuit against the agency; however, you must go through the administrative complaint process first. Using an experienced employment lawyer, you can file your lawsuit in court under following circumstances:

• Passage of 180 days after a complaint and no decision was issued and no appeal has been filed.

• Within 90 days from the day since agency decision was announced and no appeal has been filed.

• Passage of 180 days after an appeal and no decision was issued by EEOC.

• Within 90 days from the day since EEOC announced a decision on your appeal.

If you feel like you have been discriminated against, unjustly fired, or been treated unfairly on your job by your employer and want to schedule a free consultation session with an experienced employment lawyer, contact the Law Offices of Joshua D. McCann, LTD.

Termination or being fired from your job is a common occurrence. Every year, thousands of people lose their jobs due to a wide range of reasons and subsequently get new jobs as well. While termination is a norm, there are some instances where termination is considered to be unfair and wrongful.

Normally, when a person is fired from their job, they are provided with a reason and their tenure at the company comes to an end with mutual understanding and respect. But in some cases, employees are terminated from their jobs for wrong reasons such as personal grudges, racial or religious discrimination or even retaliatory discrimination. According to experienced wrongful termination lawyers, many people are not aware of their civil rights protected under the law and therefore do not file a complaint against their employers.

Different types of Wrongful Termination

As mentioned earlier, wrongful termination has many types. Just because you do not fit one definition does not mean that you have not been subjected to wrongful termination. If you were fired due to any of the following reasons, you might have a strong case of wrongful termination against your employer:

Discrimination – Termination on the basis of gender, race, religion or ethnic discrimination is one of the most common types of wrongful termination. While the law in Illinois allows employers to fire employees for any reason, it certainly does not empower them to use their bias against employees. Therefore, if you feel that your termination was rooted in discriminatory beliefs and actions of your employer, you might have a claim against your ex-employer.

Retaliation – Another common type of wrongful termination is retaliatory discharge or discrimination. As per retaliatory discharge lawyers, this type of wrongful discrimination is taken very seriously by the authorities, empowering you to collect the significant amount in damages and even get yourself reinstated on your former position.

How can a Wrongful Termination Lawyer help you?

One of the core aspects of a successful wrongful termination claim is substantiating your side of the story. With the experience and vast knowledge of a reputable wrongful termination lawyer, you would have a better chance of substantiating your claim and proving that you were a victim of wrongful termination.

If you feel like you have been subjected to wrongful termination at work, school or anywhere else or want to schedule a free consultation with an experienced wrongful termination lawyer, contact the Law Offices of Joshua D. McCann, LTD.

Every year thousands of people lose their jobs due to retaliatory discharge. Under the law, employers cannot fire an employee as a punishment for a protected activity. While the law in Illinois allows employers to fire their employees for any reason they deem fit, it provides certain protection to the workers as well. But due to confusion and lack of clarity regarding the legal rights, most employees do not realize that they have been made a victim of retaliatory discharge.

According to experienced retaliatory discharge lawyers, many victims are not even aware of their civil rights and therefore do not press charges against their employers. Being a type of wrongful termination, people who have been subjected to retaliatory discharge can sue their employers for damage.

How Do You Know that You Have Been Subjected to Retaliatory Discharge?

Getting fired from your job can have a lot of reasons. From below par performance to downsizing, your employer can fire you for a wide range of reasons. But if your termination was motivated by something you did which was protected by law, such as reporting illegal activities of the organization or any of its members, you might be a victim of retaliatory discharge. In other words, if your termination is fueled by any action you took recently which was within the confines of law, you might have a strong case against your employer.

You can report your employer’s actions to the EEOC or IDHR (Illinois Department of Human Rights) before the statute of limitations run out. It is recommended that you seek the assistance of a retaliatory discharge lawyer to ensure that their report is substantial and potent.

What Is the Statute of Limitations for Filing a Case Against Your Employer?

In the state of Illinois, the statute of limitations for filing a lawsuit or complaint against the wrongful termination by your employer is five years. But if you do not wish to file a lawsuit but merely file a complaint with the IDHR, you have to do it within 6 months of the day your retaliatory termination took place.

If you feel like you have been subjected to retaliatory discharge at work or wish to schedule a free consultation with an experienced retaliatory discharge lawyer, contact the Law Offices of Joshua D. McCann, LTD

Gender equality is a basic human right which stipulates that every person is treated equally regardless of their gender or sexual orientation. Both federal and state laws provide comprehensive protection but people continue to be discriminated on the basis of their gender. Statistically, women are more prone to discrimination due to their gender. Although the law allows people to file a claim if they believe they have been discriminated against on the basis of their gender, most people do not exercise their civil rights due to lack of knowledge. According to sex discrimination lawyers, while most women are affected by gender discrimination, other gender can also be affected by discriminatory behaviors.

Forms of Gender Discrimination

Gender discrimination in Workplace: Employment discrimination on the basis of gender is another common occurrence. Women, more than men, are underpaid and do not get the recognition they deserve while their male colleagues enjoy all the perks. Although the law provides protection to women against employment discrimination, a vast majority of women face gender discrimination at work.

Gender Discrimination in Education: Women are often denied equal opportunities as their male counterparts when it comes to getting admission in colleges and special academic programs. Getting your academic and intellectual acumen overlooked and underestimated just because of your gender is a common occurrence in educational settings.

Pregnancy Discrimination: Pregnant women are the most common victims of discrimination on the basis of their pregnancy. From public spaces, educational institutes to workplace environments, women suffer from discrimination. Despite laws prohibiting employers to discriminate on the basis of pregnancy, the number of discrimination continue to soar. Employers refuse to hire such individuals, or if they are already employed they are fired or demoted.

Harassment: Gender discrimination can take extreme forms when people tend to be harassed due to their gender. At times, reporting harassment can lead such a person to further trouble as they are labeled as troublemakers. Anyone who plays a role in discrimination case often themselves being subjected to discrimination as well.

If you believe that you have been subjected to gender discrimination at work, school or anywhere else or want to schedule a free consultation with an experienced gender discrimination lawyer, contact the Law Offices of Joshua D. McCann, LTD.

What Is Employment Discrimination?

Under the federal law, every organization or employer has to treat their employees equally in a fair and just manner. Unfortunately, a vast majority of employers continue to discriminate on the basis of race, gender, religion and even nationality. Almost 100,000 new employment discrimination cases are reported across the country. According to employment discrimination lawyers, a vast majority of discrimination cases go unreported as most people are unaware of their civil rights. Therefore, it is important that you are fully aware of different types of employment discrimination and how you can exercise your civil rights.

Types of Employment Discrimination

As mentioned earlier, there are several types of employment discrimination. Employers can discriminate on the basis of race, gender, age, religion, and even sexual orientation. In most cases, people are found to be victims of retaliatory discrimination. Some types of employment discrimination are listed below:

• Racial Discrimination – Discrimination on the basis of your racial background. Employers tend to discriminate their employees on the basis of the color of their skin or ethnic background. This includes refusal to hire people just because they belong to a certain race or nationality.

• Gender Discrimination – Mostly women are victims of gender discrimination in workplaces. According to a study, over 40% of women have faced discrimination. Employment discrimination on the basis of gender can include sexual harassment, unequal pay, biased demeanor and pregnancy discrimination as well.

• Disability Discrimination – Although federal laws provide comprehensive protection to disabled citizens, a significant percentage of people face employment discrimination due to their disabilities.

• Retaliatory Discrimination – This is the most common type of discrimination found in the workplace. Employees who perform a legal activity such as reporting a misconduct within the office environment are made targets of retaliatory discrimination. It can be in the form of demotions, salary deductions or even termination. According to wrongful termination lawyers, most of the cases they handle involve retaliatory discrimination by the employers.

• Religious Discrimination – Under the law, employers are allowed to treat all their employees equally and also reasonably accommodate their religious beliefs. Some employers still tend to discriminate on the basis of religious beliefs, denying people employment or subjecting them to discriminatory treatment within the workplace.

How Can an Employment Discrimination Lawyer Help You?

If you have been subjected to any kind of employment discrimination, you can file a discrimination claim under the Illinois Human Rights Act. In order to substantiate your claim, you would be required to present evidence. An employment discrimination lawyer can use their experience and help you build your case. It is important that you win your case so that you can be compensated reasonably for the losses you may have incurred due to the discriminatory actions of your employer.

If you believe that you have been subjected to discrimination by your employer and want to schedule a free consultation with an experienced employment discrimination lawyer, contact the Law Offices of Joshua D. McCann, LTD.

A vast majority of people who are wrongfully terminated from their jobs report that they were discriminated against on the basis of their race, gender or religion. According to statistics, over 90,000 people file complaints for being wrongfully terminated by their bosses. The number of wrongful terminations has seen an upward trend in recent years with an ever-increasing number of discrimination in workplaces.
Although both federal and state law provide comprehensive coverage against all types of discriminatory behavior, employers continue to deny their workers of these rights and wrongfully terminate them based on personal prejudice. While most cases go unreported, some wrongfully terminated employees seek the assistance of experienced wrongful termination lawyers to get justice from the courts.

How Can You Sue Your Former Employer for Wrongful Termination?

If you feel that you have been terminated from your job for no solid reason but rather been made a victim of discrimination based on the color of your skin, your gender or your religious beliefs, you can sue your employer. But in order to win your case, you would require ample evidence to substantiate your claim. In most situations, a wrongful termination lawyer can be able to help you collect evidence and build your case. The evidence needs to reflect that the sole reason behind your termination was prejudice. On the other hand, your employer might defend itself by questioning your work performance, so if your performance at work was good you might have a solid case against your former employer.

What Constitutes as Discrimination?

Discrimination is primarily defined as unjust or biased treatment you receive only because of your race, gender, religion, age or even your sexual orientation. If you are judged and treated different for all these factors which have no direct correlation with your job responsibilities that can be construed as discrimination. Discrimination can be both direct and indirect. Direct discrimination involves personal vendetta whereas indirect discrimination can be reflected through an organization’s biased polices and decisions.

Furthermore, sexual discrimination can also lead to wrongful termination. For instance, if you feel that you were fired from your job because you refused your boss’s inappropriate advances, you can sue the person and the company for wrongful termination. Discussing your case with a sex discrimination lawyer or an employment discrimination lawyer can help you evaluate the strength of your case.

If you believe that you have been wrongfully terminated due to discrimination or want to schedule a free consultation with an experienced wrongful termination lawyer, contact the Law Offices of Joshua D. McCann, LTD.