Author: msaawe

Just like employees of private companies, employees in federal workplaces have the right to be free from illegal harassment and discrimination. Federal discrimination laws have been established by Congress and prohibits employers to discriminate on the basis of color, sex, race, religion, pregnancy, disability, national origin, age, or genetic information. However, federal employees must follow a different set of rules and procedures for filing a complaint against their employer with the EEOC.

Aside from harassment and discrimination, federal laws protect employees against retaliation if they are engaged in a protected EEO activity. This may include taking part in any EEO process or opposing activity that may be considered as discriminatory, regardless of whether they are the victim or someone else in the workplace.

Federal employees are protected under several laws and regulations, including, but not limited to:

• The Age Discrimination in Employment Act (ADEA)

• The Americans with Disabilities Act (Title I and Title V)

• The Civil Rights Act (Title VII)

• The Equal Pay Act (EPA)

• The Immigration and Reform and Control Act (IRCA)

The Complaint Filing Process with the EEOC

Whether you are a job applicant or a federal employee, you should file a complaint against the employer within 45 days of the discriminatory act, or you will lose your chance to bring a legal action. Once you get in touch with an EEOC counselor, the complaint process will be initiated. Your case will be assigned an EEOC investigator who will conduct thorough investigations in the light of your complaint and gather evidence to help the agency reach a decision. Investigations generally include affidavits, sworn statements, and interviews. The entire process can take up to 180 days or more, depending on your specific circumstances.

Once the investigating officers have collected enough data, they will compile a report, known as the Report of Investigation, that will be presented to the agency and a decision will be given. You will also receive a copy of this report along with a notice of election of remedies. If you are not satisfied with the EEOC’s decision, you can take the matter to higher authorities, and request a hearing before an administrative law judge. Another option available to you is to request a jury trial in federal court.

Should you Opt for Legal Representation in your Case?

If you are thinking of filing a complaint against your federal employer, it is best to get legal counsel as early as possible. When you work with an experienced employment law attorney who has in-depth knowledge of handling federal employee claims, you will have a better picture of your case. They will assess the facts of your case under state and federal employment laws and what is the best way forward in your particular situation.

If you are seeking skilled legal representation from a Schaumburg employment discrimination attorney, you should contact the Law Offices of Joshua D. McCann, LTD today to schedule an initial consultation and discuss your case.

It is a very unpleasant feeling when your boss calls you to their office and hands over a box, telling you to gather your things because you’ve been fired. In some cases, you see it coming, and in some cases you don’t. Whatever the case, you should contain yourself and try not to burst out in anger, as it will only make things worse. However, do ponder over whether you have been fired for a valid reason or wrongfully terminated.

Did you know that over 150,000 employees are wrongfully discharged every year in the United States? Most of the employees think that they don’t have a say in such matters and quietly accept their fate. However, there are several statutes and federal laws that protect employees from wrongful termination. If you are a victim, you can file a lawsuit against your employer with the help of an experienced employment discrimination attorney.

But how to determine whether you have been fired illegally? Here are a few situations in which wrongful termination can be challenged with a lawsuit.

Violation of Contract of Employment

Some employers hire workers on a contract basis that is valid for a certain period, and have to be renewed every time that period expires. In case your employer has terminated you, but there is still time left before the expiration of your contract of employment, you can use it to file a claim for wrongful termination.

Discrimination

According to the Civil Rights Act of 1964, the employer cannot fire you based on your color, religion, race, age, sexual orientation, disability, or national origin. In most states, you cannot be terminated because of your pregnancy, marital status, or military affiliation. But you should keep in mind that the statutes of limitations for filing employment discrimination lawsuit are very limited. You should talk to your employment discrimination lawyer immediately to discuss your wrongful termination claim before the time limit expires.

Violation of Public Policy

If the employer has terminated you because you took time off, which under the state or federal laws was your right, you are eligible to file a claim. For example, if you have taken time off to perform military service, for jury duty, to vote, or to tend to an immediate family member, then your employer cannot fire you.

Violation of Termination Policy

You can file a lawsuit against your employer if they didn’t comply with specific termination and disciplinary policies that are in place. For example, if it is stated in the termination policy that the employer must give three disciplinary warnings before terminating the employee but they didn’t give any, then you may have a wrongful discharge claim.

Illegal Acts

If the employer has asked you to perform an illegal act, and you have been terminated for not complying with their demand, you may have a wrongful termination claim.

Contact an Employment Discrimination Lawyer Today

Wrongful termination claims are hard to prove in most cases, but with an experienced Roselle employment discrimination attorney on your side, you can build a strong case against your employer. Contact the Law Offices of Joshua D. McCann, LTD today at (847) 450-1103 for a consultation.

Many times, we come across a situation at our workplace where we know what the right thing to do is, but the consequences of doing it isn’t in our favor. If you have decided to take action by reporting your employer for their discriminatory acts or violation of any laws, there is a high chance they may retaliate and take drastic measures against you. Most people depend on their job to feed their families and even the thought of losing it is enough for them to take back their decision.

However, you should not worry about your employer as you are protected by the law for doing “the right thing”.

What you need to Know about Retaliation

If an employee reports an employer, manager, or fellow employer, for a wrong-doing or illegal act, they are said to have done a protected activity. If the employer, in response to the employee’s action, takes an adverse action to punish them, then they have committed retaliation.

Protected Activity

It refers to an action an employee takes in response to an activity that they consider is illegal, such as violation of law, sexual harassment, discrimination, and others. A protected activity can be filing a complaint about the activity, resisting participating in the activity, and even reporting the activity if they are being done toward another employee.

Adverse Action

It refers to the response or action of an employer to the protected activity that is intended to harm the employee. An adverse action can virtually take any form, such as termination, demotion, exclusion from meetings, and others.

When you Should Hire an Retaliatory Discharge Attorney

The laws pertaining to retaliation are complicated and differ among states. Since there are many complexities involved in proving workplace retaliation, it is better to let a person who has requisite knowledge and experience in the practice area handle your case. A retaliatory discharge attorney can determine whether you have a retaliation case against your employer. Moreover, they will help you evaluate whether filing a claim or lawsuit will be beneficial in your situation.

You will have to fulfill the following three requirements to have a legitimate workplace retaliation case:

1. You must establish that you engaged in a protected activity and filed a complaint with an authority.

2. You have been subjected to an adverse action by your employer.

3. The adverse action is related to the protected activity.

It is imperative to prove that all three things happened in the same order. In such a case, a retaliatory discharge attorney can help you connect the dots and ensure the success of your claim.

Retaliation is becoming increasingly common and employees should know their rights and how they can protect themselves from their employer’s actions. It is recommended that you talk to an experienced Roselle retaliatory discharge attorney to discuss your case and evaluate your legal options. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Illinois, being an at-will employment state, gives power to an employer to lay off a worker for any reason whatsoever. However, there are several laws that prohibit them from firing an employee for reporting their illegal activities and misconducts, such as whistleblowing. If you have information about your employer violating regulations of public health and safety or breaking any workplace laws, you should report their wrongdoing. Such employees are known as whistleblowers, and are protected by many federal and state laws from employers’ retaliation.

Difference between Retaliation and Whistleblowing claims

Whistleblowing involves reporting misconducts prohibited by certain laws or actions that may result in violation of public trust or cause damage to public safety. Whistleblowing rarely includes complaints regarding retaliation of an employer regarding personal issues or dislikes that affect only a single individual.

Illinois laws give several workplace rights to employees, such as the right to be paid overtime and minimum wages, to be free from any type of discrimination, and join unions to address the issues and protect the rights of other employees. If the action of an employer interferes with the rights of workers in an illegal way, a retaliation claim can be filed for protecting those rights.

Anti-retaliation and Whistleblower Laws

Many dangers to public health and safety and violations of the law at the workplace go unreported because employees are afraid of becoming a victim of retaliatory discharge. However, there are several laws in place to safeguard workers, such as health and safety laws, wage and hour protections, and antidiscrimination laws. They also protect employees who are engaged in a protected activity.

In Illinois, initiatives and laws have been introduced for ensuring public safety, including taxpayer-funded programs and environmental laws. Moreover, there are government-issued regulations for specific industries, such as airlines, trucking, and nuclear power, protecting employees when they report information and provide evidence for illegality, abuse of power, gross mismanagement, fraud or gross waste, or any other things that may cause a specific and substantial damage to public health and safety.

Filing a Retaliation or Whistleblower Claim in Illinois

Generally, you can file a retaliatory discharge case against your employer in an appropriate court. The statute of limitations for filing such a lawsuit is 5 years of the retaliatory action. You may be rewarded back pay with interest, reinstatement, and compensation for several types of damages.

In case of unlawful discrimination in retaliation, you have 180 days to file a complaint against your employer with the Illinois Department of Human Rights (IDHR). You may also file a complaint with the Department of Labor of Illinois if the issue concerns occupational safety and health. You must file the complaint within 30 days of the employer’s retaliatory action.

While you may think it will become difficult to work under the same roof with your employer after filing a complaint against them, you have nothing to fear. Talk to an experienced Roselle wrongful termination attorney to discuss your case and know how you can protect yourself from retaliation of your employer. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

The Americans with Disabilities Act (ADA) protects qualified applicants and employees with disabilities from discrimination at workplace or in employment. This federal law applies to employment agencies, local and state governments, private employers, labor-management committees, and labor organizations, like unions. Other than the ADA, there are four other laws that protect disabled individuals against discrimination: The Civil Service Reform Act, the Vietnam Era Veterans’ Readjustment Assistance Act, the Workforce Investment Act, the Rehabilitation Act, and the Civil Service Reform Act.

All of these laws cover employment practices including hiring, firing, recruitment, benefits, job assignments, promotions, training and development, and other employment-related aspects.

Who is Covered?

The ADA and other laws protect the following employees:

• If an employee has a mental or physical impairment that significantly hinders them in performing daily activities, they are protected.

• If an employee has a history of disability, they are protected against discrimination from employers based on their impairment.

• An employee who isn’t actually disabled, but the employer regards them as disabled and discriminates them on this belief even if it is not true, the employee is protected.

What comes under Disability Discrimination at Workplace?

It is considered disability discrimination by an employer, if they:

• Treat you less favorably or differently as compared to other employees because you have a disability. This is known as direct discrimination.

• Harass or make jokes about your disability.

• Don’t make reasonable adjustments to the working environment for you to continue to work or allow you to work.

• Discriminate you by assigning tasks as other employees that are very difficult for you to accomplish because of your disability. This is known as indirect discrimination.

• Discriminate you because of having a connection to a disabled individual, like your spouse, family member, or child. This is known as discrimination by association.

• Victimize you for reporting illegal actions or discrimination against you to legal authorities.

Understanding Reasonable Accommodation

Under the ADA, the employer must give access to reasonable accommodations by making certain changes or adjustments to the workplace that will help you to do the routinely tasks with your disability. These reasonable accommodations include:

• Job restructuring

• Flexible working schedules

• Restructuring workplace to make it more accessible for employees with disabilities

• Temporary reassignment to another position with “light” duties

• Allowing to use casual or vacation leaves as medical leaves or take additional unpaid medical leaves

• Providing interpreters

• Adjustment of employee policies and training materials

In general, a reasonable accommodation enables employees with disabilities to perform their work just like any other non-disabled employee.

Contact an Employment Discrimination Lawyer Today

Having a disability, whether from birth or due to an accident, can make things difficult for a person to perform activities like non-disabled people. It is the responsibility of employers to make workplace favorable for disabled employees so that they can provide maximum productivity and output.

However, if you think that you are being discriminated by your employer due to your disability, you should talk to an experienced Roselle employment discrimination attorney to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Disparate treatment refers to a form of discrimination which is used for proving illegal employment discrimination against an employer. When a disparate treatment claim is filed against an employer, the employee alleges that they were treated in a different way compared other employees in a similar situation. It also entails that the difference was due to the employee being a member of a protected class. This means that the employee was treated differently because of their age, sex, race, religion, or any other protected characteristic. This discriminatory practice is prohibited under Illinois laws, and can lead to serious consequences for employers.

Understanding Disparate Treatment

According to the United States Supreme Court, disparate treatment discrimination is defined as the treatment of an employee that is less favorable than others due to their protected trait. For an employer to be considered liable for this kind of discrimination depends on whether their decision was motivated by the employee’s protected characteristic. Generally, disparate treatment discrimination is intentional in nature, in contrast to disparate impact, which is unintentional.

For example, José is a salesman, and he is fired because of being unable to meet his sales target for that particular month. José can file a claim that he was fired because of his ethnicity. In order to prove this, he would have to show that other employees who didn’t belong to a protected class were unable to meet their targets as well but were not fired.

Proving a Disparate Treatment Claim in Illinois

First of all, there should be enough evidence present to show the jury or judge that discrimination based on disparate treatment took place. This type of case is known as a prima facie case, because you show at first appearance that your employer resorted to discrimination. The evidence should be able to show the following:

1. You belong to a protected class

2. You were eligible for the position or job benefit

3. You were denied or discharged from getting that position or job benefit

4. The position or job benefit was given to someone who was not a member of the similar protected class or it remains available.

All these elements establish that others were treated more favorably and were granted what should have been given to you.

A disparate treatment discrimination claim presented as a prima facie case generally involves three steps:

1. First you produce evidence that your employer treated you differently because you are a member of a protected class. The evidence should include all the above four elements.

2. Now your employer is required to give a legitimate, nondiscriminatory reason for making such a decision to counter your allegation. It is important to note that the employer does not have to prove that they discriminate, they just have to show some evidence to support their reasons.

3. To support your claim, you can respond by showing that the employer’s reason is a pretext for discrimination. You may have to produce some evidence that makes the reason questionable and enables the judge or jury to conclude that the decision was based on discrimination.

Discuss your Case with an Employment Discrimination Lawyer Today

If you think you are a victim of age and sex discrimination based on disparate treatment by your employer, you should talk to an experienced and knowledgeable Roselle employment discrimination attorney who can provide skilled legal counsel for your case. Contact the Law Offices of Joshua D. McCann, LTD if you would like to consult a professional lawyer.

The First Amendment to the Constitution famously protects the individual rights of free speech and assembly. The U.S. Supreme Court has long held that these First Amendment protections extend to government employees who engage in lawful political activities. If a government worker is demoted or fired based on exercising his or her constitutionally protected rights, it is considered an illegal retaliatory discharge under federal civil rights law.

Yahnke v. Kane County

The Seventh U.S. Circuit Court of Appeals in Chicago recently reinstated a retaliatory discharge lawsuit brought by a former deputy sheriff in Kane County, Illinois. The deputy had worked in the sheriff’s office for 20 years, rising to the rank of sergeant. When the incumbent sheriff retired in 2006, the deputy considered running in the election to replace him. Ultimately the deputy decided not to run, and another deputy won the election.

Just before leaving office, the outgoing sheriff approved the deputy’s request to take a part-time second job as the police chief of a village that straddled the border between Kane County and DeKalb County. A few months later, the deputy was injured in the line of duty and was placed on disability leave. During this time, the new sheriff said the deputy would also not be allowed to actively work as the village police chief.

While on disability, the deputy hosted a social event at his home for the village police officers. He told the group he was once again thinking about running for sheriff at the next election. Shortly thereafter the sheriff, acting on legal advice from the State’s Attorney’s office, ordered the deputy to cease his role with the village police department.

But the sheriff did not stop there. He ordered an internal affairs investigation into whether the deputy had illegally continued to perform work for the village while on disability. The sheriff subsequently claimed the deputy had been “dishonest” in his subsequent testimony to the investigators. Consequently, the sheriff fired the deputy.

The deputy sued Kane County for illegal retaliatory discharge. Among other claims, the deputy alleged he was fired because he had openly discussed running against the sheriff in the next election-a protected political activity under the First Amendment. In support of his claim, the deputy cited the deposition testimony of an under-sheriff, who recalled the sheriff telling him he planned to fire the deputy-rather than impose a lesser penalty for the alleged dishonesty-and then stated, “He thinks he’s going to run for Sheriff against me some day.”

Despite this evidence, the trial judge granted summary judgment to the county. On appeal, the Seventh Circuit reversed that decision and returned the case for trial. Without ruling on the underlying merits of the case, the appeals court said the under-sheriff’s testimony could allow a jury to infer that the sheriff opted to fire the deputy rather than impose a lesser sanction because the deputy “expressed a desire to run against the Sheriff, and that the proffered reasons were not the actual motivation for the discharge.”

Have You Been Fired for Exercising Your Legal Rights?

There are many situations that may give rise to an illegal retaliatory discharge. If you have been fired because you attempted to exercise your constitutional or legal rights, you need to speak with a DuPage County retaliatory discharge lawyer as soon as possible. Contact the Law Offices of Joshua D. McCann, LTD if you need assistance with any type of employment discrimination claim.

In Illinois, if an employer treats an employee differently based on their religious beliefs, it is considered as discrimination under their human rights act. This means that your employer cannot make any comments at work, make job decisions, or even ask about your religion, as it is a violation of Title VII of the Civil Rights Act of 1964.

According to the EEOC, discrimination cases based on religion have increased dramatically over the past two decades. Between 1997 and 2015, the number of claims on religious discrimination have risen by 41 percent. Religious discrimination at workplace can take many forms. If you think you are a victim of this type of discrimination but not sure about it, here are some common forms of religious discrimination to help you understand your situation:

Promoting/Hiring/Firing

In this type of religious discrimination, the employer makes employment decisions based on an employee’s faith, or lack of it. This may include:

• Firing an employee if they take a day off to observe a religious event

• Refusing to hire an employee because they are an Orthodox Jew or Seventh-Day Adventist and observe a Saturday Sabbath

• Transferring an employee to a department where they are not allowed or required to interact with customers because they wear dreadlocks, scarf, hijab, or any other clothing

• Giving promotion to an employee because they have the same religious beliefs as the employer; for example, an employee that attends church regularly

• Denying an employee a raise because they discuss about their faith with other employees during lunch or any other free time

Failure to Accommodate

In some situations, an employer may be required to make decisions on the basis of an employee’s religion. While this may be in direct contradiction with Title VII guidelines, employers must accommodate their employees’ religious practices or, in other words, take into account their religion when making certain decisions.

Since religion is not a characteristic but a set of beliefs and practices, some employees may want to express their faith by carrying out certain actions. A few examples can be wearing some kind of additional clothing, not cutting their hair, donning religious items, displaying religious icons, and others. Failure to accommodate such things can be categorized as religious discrimination.

Harassment

It refers to a conduct against an individual that creates an offensive, hostile, or intimidating work environment for them. Harassment at workplace based on religion may include calling names or making fun of employees, ridiculing them for their choice of food, mocking for violating the dress code of the company, repeatedly trying to “preach” one’s religion with the intention to convert them, and several others.

With the recent changes in the government, discrimination based on religion has increased manifold. If you think you are being discriminated at your workplace because of your faith and beliefs, you can raise your voice and fight for your rights. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case with an experienced Roselle employment discrimination attorney and evaluate your legal options.

If you are diagnosed with or suffering from a serious medical condition and find it difficult to perform your duties, then under the Family and Medical Leave Act (FMLA), you can take medical leaves. These leaves are also granted when an employee has to take care of a child, spouse, or parent with a serious health condition. The main purpose of the FMLA is to provide people with the opportunity to balance the personal and family needs with the demands of the workplace.

There are several types of leaves for state employees under the FMLA that they can take in Illinois, which are:

Maternity Leave

Female state employees are eligible for twenty work days, i.e. four weeks of paid maternity leave if they pre-certify their pregnancy within the first five months. Moreover, those employees who apply for leaves for a spouse’s pregnancy will get fifteen work days, i.e. three weeks of paid leave. In case you are adopting a child, you are entitled to get three weeks of paid leave.

For those families that have two or more state employed members, all these leaves are limited to one leave per family, per year.

Parental and Family Leave

If you are a state employee, you can apply for child care leave for parental reasons including caring for an ill or emotionally disturbed child. You may also request for parental and family leave for child care of an adopted child who may be suffering from illness or any type of serious family dilemmas.

In case of adoption, you are eligible for ten work days, i.e. two weeks, of paid leave, which you can take after you have the physical custody of the child. Like maternity leave, these leaves are also limited to one leave per family, per year.

Organ Donation

State employees, who have been working at a state agency for at least six months, are entitled to take paid leaves for donating blood or blood platelets, organ, or bone marrow. According to the Organ Donor Leave Act, you may take 30 days of leave to serve as an organ or bone marrow donor, anytime in a 12-month period.

Family Responsibility Leave

State employees may take up to one year of leave to provide full-time care and supervision, non-professional treatment, or custody to their immediate family member. This leave is usually allotted when the employee feels the need to fulfill an obligation or duty towards their family.

State employees can use this leave for settling estate affairs of a deceased family member, providing custodial care or nursing a newborn infant, caring for a temporary bedridden or disabled member of the family, or any other specified purposes. The state is entitled to pay its share of health and dental premiums for employee and their dependents for up to six months.

Note that all these leaves can be extended to one to ninety days without deduction of ongoing service or without pay.

Contact a Professional Lawyer Today

If you find yourself eligible for any of the above mentioned types of leaves, and are facing difficulty in getting your FMLA leaves approved, then you should get professional help. Our Roselle FMLA attorney can help you build your case and get what is rightfully yours. Contact the Law Offices of Joshua D. McCann, LTD today to seek experienced guidance and help in this matter.

Most employees understand that they cannot be discriminated against because of sex under Title VII of the Civil Rights Act. But what many employees might not know is that this goes on beyond simple sex discrimination. Of course an employer cannot fire you simply because you are a woman or a man, but Title VII also extends to other immutable characteristics related to gender. Most recently, the EEOC held that under Title VII, an employer cannot discriminate against a female employee because she is pregnant.

The Quality Solutions, LLC Case

According to the U.S. Equal Employment Opportunity Commissions, in the case of Quality Solutions, LLC, a pregnant woman contacted the employer seeking a temporary position. However, the employer refused to hire her for a job in a warehouse, telling her that because she was pregnant, she could get hurt.

The woman filed a complaint in federal court, and under the terms of a settlement announced by the EEOC, the employer has now agreed to pay her $22,500 for refusing to hire her because of her pregnancy. According to the EEOC, the settlement shows that employers cannot make decisions about whether a certain type of work is safe or not for a pregnant woman. Every pregnant woman is free to make these decisions without interference from an employer.

Both Federal and Illinois Law Protects Women From Discrimination Over Pregnancy

Under Title VII, women cannot be discriminated against for pregnancy, childbirth, or any related conditions. While the Quality Solutions case is one example of how this works when a complaint goes to court, refusal to hire is only one example of illegal pregnancy discrimination.

Of course women cannot be fired simply because they are pregnant, but employers must also make reasonable accommodations for pregnant women as well, such as additional time setting, or perhaps more frequent short breaks. If a woman needs time off because of a pregnancy-related condition, or for childbirth, an employer is required under federal law to provide the same amount of time off as any other employee would receive for a short-term disability.

In addition, employers must provide the same type of health insurance coverage to pregnant woman as they provide to every other employee. It is illegal to require pregnant women to pay higher deductibles, or to provide different health benefits for single pregnant women as opposed to married pregnant women.

And in addition to pursuing a federal lawsuit, any woman who is discriminated against because of a pregnancy in Illinois can also file a complaint with the Illinois Department of Human Rights.

Contact an Employment Discrimination Lawyer Today

Federal law is clear that employers cannot discriminate against you for any reason related to your sex, and this latest case shows that this protection encompasses pregnant women as well. If you feel that your employer has retaliated against your or terminated you because of your sex, an experienced Roselle employment discrimination attorney can review your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.