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Have you been fired from your job recently? Did the employer give you a legitimate reason why they decided to terminate your employment? If not, you should have a look at this wrongful termination checklist, as there is a good chance you might have a case. The following is a compilation of questions that you should ask yourself to determine whether you have been unlawfully terminated.

Harassment

The law strictly prohibits employers from terminating employees based on their race, religion, color, or gender. It also provides protection against harassment by employers based on such categories. If you think any of the following are true, you may consider filing a wrongful termination case against your employer:

• Did the employer ask you for sexual favors, or made undesirable sexual advances, or express to establish sexual relations with you?

• If you were in any sort of relationship with the employer and it ended for any reason whatsoever, did that result in negative treatment or you were terminated immediately after that?

• Did the employer make insulting or offensive comments about your gender, disability, national origin, race, sexuality, religion, or age? If yes, were they made openly or in private?

Discrimination

There are federal laws in place that protect employees against discrimination or termination based on their gender, disability, national origin, race, sexuality, religion, or age. The following questions will help you determine whether you were unlawfully terminated:

• Do you think that you were terminated based on discriminatory reasons? If yes, is there any direct evidence, preferably in writing, for that?

• Did the employer treat you differently than other employees belonging to a protected category of age, race, gender, or others?

• Did the employer’s actions or comments indicate biasness against certain group in which you belong? If yes, there are any witnesses who can testify?

Breach of Contract

If a worker is fired when they had an employment agreement with the employer, it is considered as wrongful termination in the form of breach of contract. You may consider filing a claim if you answer “yes” to any of the following questions:

• Did the contract specify any reasons or a termination procedure?

• Is there a detailed employee handbook that covers terms and conditions for discipline, advancement, termination, etc.?

• Did the employee, at the time of signing the contract, make any statements regarding specific situations or reasons for which you could be fired?

Retaliation

The law prohibits employees from punishing or firing employees for taking part in certain protected practices such as cooperating with government agencies, being a witness of illegal behavior and others. You may have a valid claim under retaliation if any of the following holds true:

• Before you were fired, did you take part any sort of investigation against the company?

• Did your employer warned or discouraged you from such participation?

• ü Did your employer tried to convince you to not file a complaint against the company?

If you have answered some of them in yes, it is time to swipe unlock your phone and call an experienced Roselle wrongful termination attorney to discuss your case and help you file a claim against your employer. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

When it comes to employment discrimination, it is unlawful for employers to fire or deprive their employees of their workplace rights based on their color, sex, race, religion, national origin, or any other aspect that marks them as a minority in the workplace. While there is the Illinois Human Rights Act that protects employees from any type of discrimination, it is imperative for every employee to have basic knowledge of when they are subjected to discrimination by their employers.

Types of Employment Discrimination in Illinois

Under the Illinois Human Rights Act and NSCL, employers are prohibited to discriminate employees on the basis of sex, color, religion, race, marital status, ancestry, disability (mental, physical, or perceived), arrest record, genetic information, medical conditions (pregnancy and childbirth), victims of domestic violence, and age (40 and over).

Employees can take legal action if they are subjected to “aid and abet” discrimination. Moreover, this type of discrimination is not limited to the employer; it also includes the person(s) who aided in the discrimination to happen. Disabled employees are protected from employment discrimination under the Americans with Disabilities Act.

Antidiscrimination Laws and the Number of Employees a Company Must Have

All provisions of Illinois antidiscrimination law are applied to companies with 15 or more employees. Such companies must comply with the Americans with Disabilities Act, the genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act (ADEA). It is mandatory for companies of all sizes to pay men and women equal for the similar amount of work under the Equal Pay Act.

Companies having 4 or more employees must adhere to all provisions of the Immigration Reform and Control Act, which protects employees against discrimination on their citizenship status basis. Even employers of one or more workers must adhere to all provisions related to sexual harassment, pregnancy discrimination, and disability discrimination.

What Makes You Eligible for Employment Discrimination Claim

To establish a claim of employment discrimination against your employers, you have must have been subjected to one or more of the following circumstances:

• You belong to a minority group at your workplace

• The employer changed your duties to your disadvantage

• The employer fired you, although you were adequately performing your job

• You are being treated differently than others

• Someone outside your minority group was hired in your place

• Someone outside your minority group was not fired under similar circumstances

• No giving legal entitlements due to any medical condition or injury such as leave or pay

Contact an Employment Discrimination Lawyer Today

Employment discrimination cases are quite common in Illinois. If you think you are a victim of any sort of employment discrimination at your workplace, then you should get in touch with an experienced and qualified Roselle employment discrimination attorney to help you build your case. Contact the Law Offices of Joshua D. McCann, LTD if you like to consult a professional lawyer.

A lot of people prefer to work during their cancer treatment, or go back to their jobs after they have recovered from the terrible disease. The decision to work during or after cancer treatment is influenced by many aspects such as the financial resources, health stability, progress of your recovery, and the type of activities involved in your job.

However, when such people go back to work, they face subtle or sometimes obvious discrimination at the workplace. For example, the employer or supervisor may assume that the medical condition of the employee has probably affected their performance or they have become less productive. Such assumptions lead to different types of discrimination, such as:

• Considering other candidates for a new position

• Demotion without a proper reason

• Withholding a previously lined up job promotion

• Restrictions in terms of flexibility for taking time off during work hours or taking days off for medical treatment and doctor appointment.

If you are being mistreated or discriminated at your workplace because you are a cancer patient or survivor, you should know about the laws that protect you and your employment.

Laws Protecting Cancer Survivors against Discrimination

The Family and Medical Leave Act of 1993 (FMLA)

According to the FMLA, an employee can take time off for tending to their ailment or to care for a parent, child, or spouse. The employee is entitled to receive:

• 12 weeks of unpaid leave

• The option to use sick and vacation leaves during family or medical leave

• Continued employment benefits during leave

However, the FMLA is applied to organizations that have more than 50 employees.

The Americans with Disabilities Act (ADA)

The ADA prohibits a few kinds of workplace discrimination by employment agencies, labor unions, and employers against people who have had or still suffering from cancer. This act also covers employees of local and state government, Congress, and federal agencies. However, the ADA is applied to private employers that have 15 or above employees.

The Federal Rehabilitation Act

This act prohibits discrimination against employees with disability. All the employers who receive money, contracts, or equipment from the federal government are covered by the Federal Rehabilitation Act regardless of the workforce size.

The Genetic Information Nondiscrimination Act (GINA)

GINA forbids employers from terminating employees or making changes to their duties on the basis of their genetic information. It also prohibits them from requesting their employees to provide their family’s genetic information.

What Job-related Tasks are Covered by the Law?

Almost all job-related tasks are protected from discrimination by the state and federal laws, such as:

• Terminating an employee;

• Not hiring a person for an internship, job, or training program;

• Screening out disabled workers

• Punishing a worker for registering a discrimination complaint;

• Providing unequal working conditions, pay, and benefits such as health insurance, vacation time, and pension.

Contact an Employment Discrimination Lawyer Today

People suffering from cancer or the ones recovering from it are mostly subjected to discrimination at their workplace. But things don’t have to and shouldn’t be this way. You should talk to an experienced Roselle employment discrimination attorney to discuss your case and evaluate your legal options. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

If you have been fired recently or treated unfairly at your workplace for asserting protected rights, you may be eligible to file a lawsuit against your employer for retaliatory discharge. You may be confused and have several questions about your situation. Here we have answered some of the most common questions clients ask to our employment law attorney regarding retaliatory discharge:

Q: If my employer retaliates against me, what protection do I have?

A: Several federal and state laws prohibit employers from engaging in a retaliatory activity for doing something that is protected by law. You can report your employer’s retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or Illinois Department of Human Rights (IDHR) by yourself or with the help of an attorney within the statutes of limitation.

Q: What do I need to prove that my employer retaliated against me?

A: To prove a retaliation claim, you must be able to show that:

• You were engaged in a protected activity

• Your employer has taken an adverse action to punish you

• The adverse action was taken because of your participation in the protected activity

If you can prove all these things in court, you may be able to win the retaliation claim and receive compensation for your damages.

Q: What damages can I receive compensation for if I win the retaliatory discharge claim?

A: You may recover the following damages from the retaliatory discharge claim:

• Punitive damages

• Future wages

• Emotional distress and mental anguish

• Back pay

• Attorney’s fees

Q: What are some examples of retaliation by an employer?

A: Some examples of activities considered as retaliation by the EEOC are:

• The employer engaged in physical or verbal abuse

• The employer reprimanded the employee

• The employer gave an unfair performance evaluation that was unjustified

• The employer shifted the employee to a different, less desirable position/department

• The employer increased scrutiny

• The employer made the work difficult for the employee

• The employer threatened the employee that they will be fired or actually fired them

Q: Should I consult with an attorney if I am fired for exercising my rights or engaging in a protected activity?

A: Yes. Working with an experienced attorney can dramatically increase your chances of winning the retaliatory discharge claim against your employer. They are well-versed in state and federal laws and know how the legal system works. They will guide you through the process, help you understand your rights, and strive to get the most favorable outcome for your case.

Talk to an experienced Roselle wrongful termination attorney to discuss your case and know how you can protect yourself from the retaliation of your employer. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

If you are being discriminated based on your age and/or gender, your first move should be to inform the management of your organization about it and try to resolve the matter internally. Most companies have a systematic procedure described in their employee handbook for filing such complaints. However, if you think that the company’s response was not satisfactory or the management ignored your complaint, you should turn to the Equal Employment Opportunity Commission (EEOC) for help.

The EEOC has a very well-defined system for handling complaints regarding discrimination at workplace than other government agencies. However, it has strict guidelines for filing complaints, as well as time limits that span from a few to months to a year. The EEOC offices are spread across the country, and if you want to search for the nearest office to you, visit the agency’s official website.

You can file the charge against age and sex discrimination with the EEOC in the following way:

Filing in Person

When you file a charge, an EEOC investigator or lawyer interviews you and evaluate whether your complaint is valid. Each field office has slightly different procedures for walk-ins or appointments. You are required to bring documents or any other source of information that may help the investigator to understand your case. You can give names and contact information of people who can support your complaint.

The EEOC allows people to bring anyone, who may be able to assist you in anyway, to the meeting. You may also bring your attorney to talk with the investigator and explain the case.

Via Mail

You can send a letter to the EEOC office to file a charge, which must include the following information:

• Your complete contact information including your name, telephone number, and address

• The name, telephone number, and address of the employer

• A brief description of discriminatory act

• The number of employees currently working at the organization (if known)

• The details of why you think you were discriminated like age, sex, national origin, etc.

• When the discriminatory events happened

• Your signature

It is very important that you sign the letter, or otherwise your application will not be entertained.

Online Assessment System

While the EEOC doesn’t accept charge applications online, they do have an online assessment tool. The tool is designed to help individuals determine whether the agency is the right option for resolving their case. You will have to complete an Intake Questionnaire and either mail or bring it to the nearest EEOC field office to start the filing process.

By Telephone

The EEOC doesn’t file charges over the phone, but it can help you start the process. You can submit basic information about your discrimination charge, which will be forwarded to an investigator in the EEOC field office closest to your location. The office will contact you to discuss the situation and possible outcomes after evaluating your case.

It is essential to have an employment discrimination attorney by your side to assist in filing a complaint with the EEOC and make sure that the agency accepts your case. Talk to an experienced Roselle employment discrimination attorney to discuss your case today and evaluate your legal options. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Discrimination is not limited to a particular gender or people of a specific age bracket – it comes in all shapes and sizes. Here are some commonly asked questions clients ask about age and sex discrimination before moving on to file a case against their employer:

FAQs on Sex Discrimination

Q: Will I be punished for reporting sex discrimination against my employer?

A: No. If your employer punishes, harasses, or treats you differently for reporting their discriminatory behavior or actions to the EEOC or an authority in your workplace, it will be illegal. You will be safe in case the misconduct you reported isn’t found to be discrimination at the end.

Q: What comes under sexual harassment?

A: Typically, sexual harassment refers to any misconduct of a sexual nature by a harasser in the workplace. It includes sexual jokes, comments, or favors, pressure for going on dates, unwanted touching, sexual graffiti, gestures, pictures, or cartoons. It may also include comments based on gender, such as something being only a men’s or women’s work. A harasser can be your co-worker, supervisor, or a client/customer.

Q: Are there any laws that protect men against sexual harassment and discrimination?

A: Yes. The Sex Discrimination Act 1975 protects both men and women against unethical behavior in the workplace on the basis of gender.

Q: Is it legal for an employer to label certain types of tasks as female or male jobs?

A: No. An employer cannot label tasks to be handled by only men or women. For example, it will be unlawful for an employer of a company to consider only a male or a female for a receptionist job.

Age and sex discrimination are quite common in workplaces, and most people think that reporting such misconducts and unethical behavior can cost them their jobs. But, you shouldn’t be worried as you are protected by the law. Talk to an experienced Roselle employment discrimination attorney to discuss your case today and seek legal assistance. Contact the Law Offices of Joshua D. McCann, LTD today at (847) 450-1103 for a consultation.

Federal laws, including the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, prohibit organizations, governments, and private persons from discriminating against their employees throughout 50 states. However, some employees are not sure whether they have been discriminated or what actions they should take to cope with their situation.

Here are some of the frequently asked questions regarding employment discrimination that may be helpful to understanding your case.

1. What is a protected trait or class?

It refers to characteristics that keep an employer from firing, laying off, or not hiring you based on that particular trait or class. They include age, sex, religion, national origin, race, sexual orientation, pregnancy, and disability.

2. What are the elements for proving an employment discrimination case?

If you have been discriminated, you need to show that:

• You were qualified in all respects to perform the job

• You belong to a protected class

• Someone else was hired in your place who was outside the protected class

• Your employer terminated you for unlikely reasons, which were just a cover up for their real intention

You may have to seek legal help of a reliable employment discrimination attorney to prove your claim.

3. The employer terminated me for my religious beliefs. Does this count in employment discrimination?

Since religion is a protected trait, your employer, in most cases, cannot terminate you for your religious beliefs. However, there are a few exceptions. Courts opt for a two-step process for assessing a religious discrimination case, where an employee is first required to establish the foundation of their case and then the employer is given a chance to defend their decision.

4. Is it discrimination if my employer forces me to take vacations during a religious event?

As long as your employer treats others in the same manner, it doesn’t count as discrimination. However, it should be left on choice whether an employee wants to take the holiday, as forcing them would plainly be against their will.

5. If I file an age discrimination case, what type of damages can I expect to recover?

The type of damages varies from situation to situation, but most commonly, employees are awarded monetary compensation. You may also be placed in a different position, promoted, or reinstated. In some cases, compensation for punitive damages is also given to employees. However, they must produce solid evidence indicating the ill intent of the employer. For supporting this requirement, you must be able to show that the employer’s conduct was flagrant and outrageous.

6. My employer has a habit of yelling at me for no particular reason. Does this count in discrimination?

It will be discrimination only if the employer is yelling at you in particular because you belong to a protected class. However, if they are in general that way and yell at everyone, this conduct is not discriminatory because the law doesn’t require your employer to be nice.

If you have any other questions regarding employment discrimination, it is essential that you clear all your doubts before moving on to file a claim against your employer. You should talk to an experienced Roselle employment discrimination attorney to discuss your case and evaluate your legal options. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Young and elderly employees often experience age discrimination at workplace, creating difficulty for them to progress in their career and efficiently perform their job. There are several laws in place that prohibit employers from firing, promoting, hiring, or deciding the compensation of an employee based on their age. However, many employers commit age discrimination in a way that is quite difficult to determine whether their actions were based on a genuine reason or motivated by age discrimination.

Every state has enforced extensive complaint filing and fact finding procedures to allow employees evaluate when they have been discriminated based on their age. Let’s have a detailed look at how the ADEA protects employees from age discrimination and secure their rights.

Understanding the ADEA

The Age Discrimination in Employment Act (ADEA) was introduced in 1967 and protects job applicants and employees of 40 years of age and above from age discrimination across the spectrum of employment. This federal law applies to:

• Employment agencies

• Employers with at least 20 workers

• Labor organizations with 25 members or more

• Local and state government

• The federal government

However, it doesn’t apply to military personnel, independent contractors, or elected officials. Every state has a law for age discrimination in employment other than federal laws. These laws differ from state to state and may cover employers with fewer than 20 employees. Moreover, they may offer more robust protection for older employees than federal law.

The statute of limitations for filing complaints against employers also varies among states. In Illinois, you can file your discrimination claim with two agencies: the Equal Employment Opportunity Commission (EEOC), which is the federal administrative agency or the Illinois Department of Human Rights (IDHR), which is the state administrative agency. The time limit for filing with the IDHR and EEOC is 180 days.

How the ADEA Safeguards Employees

It forbids employers from age discriminations in decisions regarding firing, hiring, pay, layoffs, demotions, promotions, benefits, performance reviews, appraisals, or any other aspect of employment.

Under the ADEA rules and regulations, employers cannot:

• Set or specify age limits for any training programs.

• Mention verbally or in writing that individuals of a certain age are preferred for a position in recruiting materials and job ads. It is plausible, but asking for date of birth on a job application is illegal.

• Ask you to retire after reaching a certain age.

• Retaliate if you file complaint for age discrimination or help government with investigative purposes.

In addition, the ADEA also interdicts practices and policies that may have a disparate impact on aged employees. While these policies may appear to be age-neutral, they are somewhat harsh on older employees.

If you think you are a victim of age discrimination, you should consider getting the legal counsel of an experienced employment discrimination attorney to effectively represent your case. Talk to an experienced Roselle employment discrimination attorney today to discuss your case and evaluate your legal options. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

A recent decision by the Illinois Court of Appeals has clarified the rights of disabled employees, granting them the ability to pursue lawsuits in cases where they have been harassed and discriminated against because a disability.

The Illinois Human Rights Act (IHRA) prohibits discriminating against an employee on the basis of a disability, but the law does not specifically prohibit harassment because of a disability or command an employer to accommodate a disability.

But in an April 27, 2016 opinion, the Court of Appeals for the Second District held in Rozsavolgyi v. City of Aurora held that those protections can indeed be read into the IHRA.

Rozsavolgyi v. City of Aurora

In Rozsavolgyi, the plaintiff had worked for the city for 20 years. She was known to suffer from depression, anxiety and panic attacks, and also had difficulties with her hearing. The plaintiff complained to the both the union and the city she was harassed by coworkers because of these conditions, which also caused her further mental health problems.

In July 2014, the plaintiff was fired for calling some individuals “idiots,” though it’s unclear who those people were exactly. The city had also previously expressed concerns about her mental health problems and that she may become violent.

However, no violent activity on the part of the plaintiff was ever actually documented at work, and she sued the city under the IHRA for creating a hostile work environment, retaliatory discharge and failing to accommodate her disabilities.

From Sexual Harassment, Disability Harassment in Illinois

One of the more unique aspects about the Rozsavolgyi case is that the text of the law in Illinois is quite far from protecting disabled workers from harassment. Section 2-102(D) of the IHRA specifically states that “that an employer shall be held responsible for sexual harassment” if the employer is aware of it and fails to take action to address it. It does not mention anything about harassment of the disabled.

In a divided opinion, the court held that because the IHRA explicitly disallows sexual harassment, it is intended to also bar other types of harassment of protected classes, including the disabled. The court noted that employers have been put on notice for decades now that state law does not allow for any sort of harassment of protected classes. However, the lone dissenting judge pointed out that if the legislature had intended to outlaw harassment of the disabled, then it could have been explicitly included in the law.

Contact an Employment Discrimination Lawyer Today

Federal law has long protected the rights of disabled workers, but this latest case also makes it clear that state law guarantees workers an environment free of harassment. If you’ve been victimized by harassment in your workplace because of a disability, there’s no reason to put up with it for a moment longer. A dedicated Roselle employment discrimination attorney can help you pursue your case. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case.

When it comes to sex discrimination, it is well established law that harassment based on gender is illegal. But what about harassment based on a person’s age? While there is extensive law regarding sexual harassment, age harassment is a relatively new subject for the courts, as illustrated by a recent case from here in Illinois.

Cook County Sheriff’s Office v. Cook County Commission on Human Rights

This case involves a 54-year-old woman who worked in the information systems department of the Cook County Department of Corrections, which is part of the Cook County sheriff’s office. Over a period of several years, the woman claimed she was subject to sexual and age harassment by a coworker who later became her supervisor. With respect to the age harassment, she detailed a number of occasions where the supervisor made derogatory and vulgar jokes in front of coworkers based on her purportedly being “old.”

The woman eventually filed a complaint with the Cook County Human Rights Commission, which enforces the county’s Human Rights Ordinance. Similar to state and federal civil rights laws, the county ordinance bans all employees from engaging in sexual harassment or “unlawful discrimination” based on age. Following an investigation and formal hearing, the Commission ruled in favor of the woman and ordered the sheriff’s office to pay her $75,000 in damages related to emotional distress. The Commission further ordered the Department of Corrections to “adopt a policy making age harassment as defined under the Ordinance a violation of the DOC’s employment policies.”

The sheriff appealed the Commission’s order to an Illinois circuit court judge, who upheld the decision. The sheriff then appealed that decision to the Illinois First District Appellate Court. On May 20, a three-judge panel unanimously affirmed both the circuit court and Commission’s decision in favor of the employee. This decision applies to both the sexual harassment and age harassment suffered by the employee.

A key issue for the appellate court was determining whether the county ordinance’s blanket prohibition on “age discrimination” also covered age-based harassment. The sheriff argued the law should be read strictly to exclude harassment. The court disagreed with that interpretation. Noting there was no prior case law in Illinois addressing this subject, the appellate court here looked to a 1996 decision by the U.S. Sixth Circuit Court of Appeals in Cincinnati. In that case, the Sixth Circuit said that federal civil rights law-on which the Cook County ordinance here is modeled-clearly included “requiring people to work in a discriminatorily hostile or abusive environment” as a form of illegal employment discrimination. Applying that same principle here, the appellate court held, “Where an employee can prove that her age was used as a basis to create such a hostile work environment, she proves unlawful discrimination under the Ordinance.”

Get Help From an Illinois Employment Discrimination Lawyer

The First District’s decision is a landmark victory for workers who have been harassed or bullied by coworkers based on their age. If you have been a victim of age harassment, or any other type of hostile workplace conduct, you should speak with a qualified Roselle employment discrimination attorney who can help you fight for your rights. Contact the Law Offices of Joshua D. McCann, LTD if you would like to speak with a lawyer right away.