Generated by All in One SEO Pro v5.0.1.1, this is an llms-full.txt file, used by LLMs to index the site. # Law Office of Joshua McCann ## Posts ### [How A Chicago Employment Discrimination Lawyer Can Protect Your Rights](https://chicagolegalcounsel.com/how-a-chicago-employment-discrimination-lawyer-can-protect-your-rights/) **Published:** September 1, 2026 **Author:** msaawe **Content:** Employment discrimination can impact your income, reputation, health insurance, career growth, and financial security. Sometimes it is obvious, but often employers disguise it as restructuring, performance issues, attendance problems, or saying someone is not a good fit. You might see coworkers outside your protected group getting better assignments, more flexibility, higher pay, promotions, or lighter discipline. You could also experience harassment, be denied a reasonable accommodation, or face consequences after reporting unfair treatment. We help Chicago employees understand what happened, keep important evidence, meet filing deadlines, and seek remedies under [federal](https://www.dol.gov/general/aboutdol/majorlaws) and [Illinois employment laws](https://labor.illinois.gov/employees.html). ## Identifying Conduct That May Constitute Employment Discrimination Not every unfair decision at work is against the law. Federal and Illinois employment laws usually require that the negative treatment is linked to a legally protected characteristic, a protected activity, or a request for accommodation. [Title VII](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) of the Civil Rights Act of 1964 prohibits covered employers from discriminating because of race, color, religion, sex, or national origin. The prohibition applies to hiring, termination, compensation, promotion, job assignments, discipline, and other terms or conditions of employment. Sex discrimination under federal law includes discrimination based on pregnancy and other legally protected sex-based considerations. The [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) protects workers who are at least 40 years old from age-based discrimination by covered employers. The Americans with Disabilities Act protects qualified individuals with disabilities and may require reasonable workplace accommodations unless the accommodation would create an undue hardship. Federal disability protections generally apply to employers with at least 15 employees. The Illinois Human Rights Act, [775 ILCS 5](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), provides additional protections against employment discrimination in Illinois. Depending on the facts, protected classifications may include race, color, religion, national origin, ancestry, age, sex, marital status, pregnancy, disability, military status, sexual orientation, citizenship status, work authorization status, and other characteristics identified by Illinois law. The Act also addresses harassment, retaliation, arrest-record issues, and certain employment practices that may fall outside or extend beyond federal coverage. We look at the facts under all relevant laws because employer coverage, deadlines, procedures, and possible claims can vary. ### Evaluating Whether An Employment Decision Was Discriminatory Employers rarely admit to firing, demoting, or not promoting someone because of a protected characteristic. That’s why most cases need a close look at the facts and circumstances. We may compare how the employer treated similarly situated employees. For example, an employer may claim that it terminated you for attendance problems while overlooking similar or more serious attendance issues involving other workers. A company may state that you lacked leadership experience even though it promoted someone with fewer qualifications. A supervisor may suddenly create performance criticisms shortly after learning about your pregnancy, disability, religion, age, or complaint of harassment. Timing matters, but it is not enough by itself to prove discrimination. We also look for changing explanations, policy changes, uneven discipline, biased remarks, sudden changes in performance reviews, patterns in statistics, and attempts to replace you with someone outside your protected group. An employment discrimination lawyer can help decide if the facts suggest the employer’s reason is not true or is missing information. We can also find evidence that might only come out during the legal process. ### Preserving Evidence Before It Disappears Workplace discrimination cases often turn on documents and communications. Evidence may include emails, text messages, performance reviews, disciplinary notices, schedules, pay records, promotion announcements, workplace policies, accommodation requests, internal complaints, and witness information. We advise employees to preserve materials they are legally entitled to keep. You should not take confidential customer files, trade secrets, privileged communications, private medical information belonging to coworkers, or records you have no lawful authority to access. Create a written timeline while events are still fresh. Record dates, locations, participants, statements, witnesses, and the employer’s response. Save copies of your job description, evaluations, awards, commendations, compensation records, and relevant communications. Do not alter documents or secretly edit prior communications. Original records are usually more persuasive than reconstructed evidence. You should also avoid posting detailed accusations on social media because those statements may become evidence and may complicate an ongoing investigation. ### Addressing Workplace Harassment Harassment may violate federal or Illinois law when it is based on a protected characteristic and is sufficiently serious under the applicable legal standard. Isolated rude behavior may not always establish a legal claim, but repeated insults, threats, slurs, sexual conduct, ridicule, offensive images, unwanted touching, or interference with work can create significant legal concerns. Harassment may come from a supervisor, coworker, customer, vendor, or another person in the workplace. The employer’s responsibility may depend on who committed the conduct, whether management knew or should have known about it, and what corrective action the employer took. We review the employer’s reporting policy and help determine how a complaint should be made. A report should identify the conduct clearly, connect it to the protected issue when appropriate, and request effective corrective action. Employees sometimes complain only that a supervisor is unfair or difficult. Those words may not inform the employer that discrimination or protected harassment is being reported. A carefully written complaint can create a clearer record without exaggerating the facts. ### Protecting Employees Who Need Disability Accommodations The Americans with Disabilities Act may require a covered employer to provide a reasonable accommodation to a qualified employee with a disability. An accommodation may involve changes to schedules, equipment, work methods, communication practices, leave, or other workplace conditions that enable the employee to perform essential job functions. An employee does not always need to use the exact phrase “reasonable accommodation.” A request can arise when the employee communicates that a workplace change is needed because of a medical condition. An employer may request appropriate medical documentation when the disability or need for accommodation is not obvious. The employer and employee should participate in a good-faith process to identify an effective accommodation. Disputes may arise when an employer delays responding, refuses to consider alternatives, imposes unnecessary medical demands, or insists that the employee accept an ineffective option. We help employees describe their limitations and requested changes without disclosing more medical information than reasonably necessary. We also evaluate whether attendance rules, leave policies, return-to-work requirements, or job restructuring decisions may violate disability discrimination laws. ### Challenging Unequal Pay, Promotion, And Assignment Decisions Discrimination may affect compensation even when two employees have different job titles. We examine actual duties, qualifications, performance, seniority, decision-making authority, bonus criteria, commission structures, and access to profitable assignments. Promotion claims may involve subjective selection processes. An employer may rely on terms such as leadership presence, cultural fit, communication style, or readiness without using defined standards. Subjective criteria are not automatically unlawful, but they can conceal inconsistent or biased decision-making. We may request records showing who applied, who was interviewed, how candidates were ranked, and what qualifications the selected candidate possessed. We also examine whether the employer followed its normal posting, interview, and approval procedures. Unequal assignments can affect future advancement as well as immediate compensation. Denial of high-profile projects, client contact, training, overtime, or supervisory experience may limit an employee’s ability to compete for promotions later. ### Protecting You From Retaliation Federal and Illinois laws generally prohibit an employer from retaliating against a worker for engaging in protected activity. Protected activity may include reporting discrimination, participating in an investigation, requesting a reasonable accommodation, supporting another employee’s complaint, or filing an administrative charge. Retaliation can include termination, demotion, reduced hours, undesirable assignments, exclusion from meetings, threats, increased scrutiny, or other actions that could discourage a reasonable employee from asserting protected rights. Federal agencies recognize retaliation as a distinct violation, even when the underlying discrimination complaint is not ultimately proven. The timing between a complaint and an adverse action may support a retaliation claim, but we also look for evidence of changed treatment, negative comments about the complaint, sudden discipline, unusual monitoring, and departure from established practices. Continue performing your job professionally after making a complaint. Follow reasonable policies, retain records, and document changes in treatment. Giving an employer a legitimate basis for discipline can make a retaliation claim harder to prove. ### Filing A Charge With The EEOC Or IDHR Many employment discrimination claims require an administrative filing before a lawsuit can proceed. Federal claims commonly begin with a charge filed with the Equal Employment Opportunity Commission. The general federal filing period is 180 days, but it may extend to 300 days when a state or local agency enforces a law prohibiting the same type of discrimination. In Illinois, many EEOC charges are subject to the 300-day period, although the correct deadline depends on the claim and circumstances. Illinois changed its state filing period effective January 1, 2025. Most non-housing discrimination, harassment, and retaliation charges filed with the Illinois Department of Human Rights must now be filed within two years after the alleged violation. The two-year state period does not automatically extend the separate federal deadline. Waiting can still harm the case even when time remains. Witnesses leave, messages are deleted, records are archived, and memories fade. We identify the earliest potentially applicable deadline and prepare the charge with enough factual detail to protect the client’s claims. ### Negotiating A Resolution Or Preparing For Litigation Some disputes can be resolved through an internal process, agency mediation, severance negotiation, or settlement. Others require formal litigation. We assess whether a proposed resolution protects your financial and professional interests. Employment agreements may include confidentiality, non-disparagement, release, reference, cooperation, tax, return-of-property, and future-employment provisions. Each term can have lasting consequences. When litigation is necessary, we may seek documents, take depositions, question decision-makers, obtain comparator evidence, and challenge the employer’s stated justification. We prepare the case around admissible evidence rather than assumptions. Our role is also to protect you from avoidable errors. We advise you about workplace communications, social media, document preservation, job-search records, and compliance with court or agency deadlines. ## Call The Law Office Of Josh McCann About Employment Discrimination Employment discrimination can affect your livelihood and future opportunities, but you do not have to evaluate the employer’s conduct alone. We help employees understand whether workplace decisions may violate federal or Illinois law, preserve evidence, prepare internal complaints, meet administrative deadlines, respond to retaliation, and pursue appropriate legal action. The Law Office of Josh McCann represents employees throughout Chicago from its office in Lisle, Illinois. We handle matters involving discriminatory termination, harassment, retaliation, disability accommodations, unequal treatment, promotion disputes, and other employment law concerns. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Office of Josh McCann when you call [(847) 450-1103](tel:18474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Discrimination Lawyer **Tags:** How A Chicago Employment Discrimination Lawyer Can Protect Your Rights --- ### [Why Waiting Too Long Can Hurt Your Illinois Discrimination Case](https://chicagolegalcounsel.com/why-waiting-too-long-can-hurt-your-illinois-discrimination-case/) **Published:** July 29, 2026 **Author:** msaawe **Content:** Workplace discrimination often leaves employees feeling frustrated, uncertain, and worried about what comes next. Many people notice something is wrong but hesitate to act. Some hope things will get better on their own, while others worry about retaliation, harming work relationships, or even losing their jobs. These concerns are understandable, but waiting too long to address discrimination can cause serious legal and practical problems. Evidence might disappear, witnesses could become unavailable, deadlines may pass, and chances to protect your rights can be lost. Taking prompt action is usually one of the most important steps you can take if you experience discrimination at work. ## Understanding Workplace Discrimination Under Federal And Illinois Law Federal and Illinois laws provide important protections against workplace discrimination. At the federal level, [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) prohibits discrimination based on race, color, religion, sex, and national origin. Additional protections exist under the [Americans with Disabilities Act](https://www.ada.gov/) (ADA), 42 U.S.C. § 12101, the [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) (ADEA), 29 U.S.C. § 621, the [Pregnancy Discrimination Act](https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978), and other federal statutes. Illinois employees are also protected by the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), 775 ILCS 5/1-101. This law prohibits discrimination based on numerous protected characteristics, including race, religion, national origin, sex, pregnancy, disability, age, sexual orientation, gender identity, military status, marital status, and other protected classifications. These laws offer important remedies for people who experience discrimination. However, these protections usually depend on acting within certain time limits. ### Evidence Can Disappear Faster Than Many People Realize One of the biggest risks of waiting to act is losing important evidence. Workplace discrimination cases often depend on emails, text messages, performance reviews, personnel files, disciplinary notices, internal complaints, and witness statements. As time passes, these records might be deleted, lost, or harder to find. Company policies about keeping documents can also mean records are destroyed as part of normal business. Witnesses might leave the company, move away, retire, or just forget important details. Even people who still work there may have trouble remembering specific conversations or events after several months or years.by evidence preserved close in time to the events being challenged. ### Memories Fade, And Details Become Harder To Prove Discrimination claims often involve patterns of behavior that happen over weeks, months, or even years. While someone may remember discriminatory comments or actions clearly at first, memories naturally fade and become less reliable as time goes on. It can become hard to remember exact dates, places, witnesses, and statements. These details are often very important in workplace discrimination cases. Jurors, judges, agencies, and employers often trust records made when events were still fresh in someone’s mind. Notes, emails, complaints, and reports created at the time usually seem more believable than memories from years later. Writing things down right away can make your claim stronger and help keep important facts clear. ### Administrative Filing Deadlines Can Eliminate Legal Claims Federal and Illinois employment discrimination laws have strict deadlines for filing claims. Employees who want to file claims under Title VII, the ADA, or the ADEA usually need to file a charge with the Equal Employment Opportunity Commission (EEOC) before they can sue. Missing these filing steps can mean losing your legal rights. Similarly, the Illinois Human Rights Act contains procedures governing discrimination complaints through the Illinois Department of Human Rights (IDHR). Many employees think they can file a claim whenever they feel ready, but discrimination laws do not work that way. If you miss a filing deadline, you may lose important legal options. Because deadlines can vary depending on the facts and legal claims involved, early legal guidance is often critical. ### Internal Complaints Do Not Always Extend Deadlines Many employees first attempt to resolve discrimination issues through human resources departments or internal complaint procedures. Internal complaints can be helpful and may create useful records, but employees should not assume that taking part in an internal investigation will automatically extend federal or state filing deadlines. An employer’s investigation can take weeks or months, but legal deadlines may still be counting down during that time. If you wait for your employer to finish an internal review before getting legal advice, you might risk losing important rights. ### Delays Can Make Retaliation Claims More Difficult To Prove Federal and Illinois laws prohibit retaliation against employees who report discrimination or engage in protected activities. Retaliation may include termination, demotion, disciplinary action, reduced hours, unfavorable assignments, or other adverse employment actions. When retaliation occurs shortly after a complaint is made, the timing itself may provide important evidence. Courts often consider temporal proximity when evaluating retaliation claims. If a lot of time goes by without any documentation or action, it can be harder to show the link between your protected activity and any negative job decisions. Reporting and documenting things quickly can help keep evidence that supports your retaliation claim. ### Employers Often Build A Paper Trail When workplace disputes arise, employers frequently begin documenting performance concerns, disciplinary issues, attendance problems, or other employment matters. Sometimes those records reflect legitimate business concerns. In other situations, employees believe the documentation is being created to justify future adverse actions. No matter the situation, waiting can let your employer’s version of events become more established through their records and documents. Your attorney helps identify issues, preserve evidence, and evaluate whether documentation accurately reflects workplace events. ### Disability Accommodation Issues Require Timely Action Employees with disabilities may be entitled to reasonable accommodations under the Americans with Disabilities Act and the Illinois Human Rights Act. Accommodation disputes often involve an interactive process between the employer and the employee. Delays in addressing accommodation denials, failures to engage in the interactive process, or discriminatory treatment related to disabilities can complicate a potential claim. Medical documentation may become more difficult to obtain over time, and employment circumstances may change significantly if accommodation issues are left unresolved. Addressing these concerns promptly often provides the best opportunity to preserve relevant evidence. ### Harassment Cases Often Depend On Patterns Of Conduct Hostile work environment claims frequently involve repeated conduct occurring over an extended period. Discriminatory comments, offensive jokes, inappropriate messages, exclusionary behavior, or other forms of harassment may individually appear minor. However, when viewed collectively, those incidents may establish a pattern of unlawful conduct. Waiting too long to document harassment can make it difficult to demonstrate the frequency, severity, and impact of the conduct. Maintaining records of incidents as they occur often strengthens harassment claims and provides a clearer picture of workplace conditions. ### Settlement Opportunities May Be Lost Early legal intervention sometimes creates opportunities to resolve discrimination disputes before they become more damaging. Employers may be willing to address concerns, correct workplace issues, or engage in settlement discussions when problems are identified early. As disputes escalate, positions often become more entrenched, and resolution may become more difficult. While not every discrimination case settles, prompt action can preserve more options and provide greater flexibility when evaluating potential resolutions. ### Emotional Stress Can Affect Decision-Making Employees facing workplace discrimination often experience significant emotional stress. Anxiety, frustration, embarrassment, anger, and uncertainty are common reactions. Over time, ongoing stress can affect decision-making and make it harder to evaluate legal options objectively. Some employees become discouraged and decide not to pursue valid claims simply because the process feels overwhelming. Seeking legal guidance early can provide clarity regarding available rights and potential next steps. Understanding the legal landscape often helps reduce uncertainty and allows for more informed decisions. ### Why Early Legal Guidance Matters Workplace discrimination cases are often won or lost based on evidence, timing, and preparation. Early legal involvement can help preserve documents, identify witnesses, evaluate filing deadlines, assess legal claims, and prevent avoidable mistakes. Not every unfair workplace experience violates federal or Illinois law. However, when discrimination may be involved, waiting too long can create challenges that become increasingly difficult to overcome. A timely review of the facts often provides the strongest opportunity to protect legal rights and pursue available remedies. ## Workplace Discrimination Frequently Asked Questions ### How Long Can Someone Wait Before Filing A Workplace Discrimination Claim? The answer depends on the specific facts and legal claims involved. Federal and Illinois discrimination laws contain filing deadlines that may apply long before a lawsuit is filed. Because those deadlines vary, prompt legal consultation is often important. ### Can A Discrimination Case Still Be Filed If The Conduct Happened Months Ago? Possibly. Many discrimination claims remain viable even if some time has passed. However, delays can affect evidence, witness availability, and filing deadlines. A case-specific evaluation is necessary to determine available options. ### Why Is Evidence So Important In Workplace Discrimination Cases? Evidence helps establish what occurred, when it occurred, who was involved, and whether unlawful discrimination may have played a role. Emails, text messages, personnel records, witness statements, and internal complaints frequently become important evidence. ### What Happens If Witnesses Leave The Company? Witnesses who leave a company may still provide testimony. However, locating former employees and obtaining accurate recollections often becomes more difficult as time passes. ### Can Internal Human Resources Complaints Protect Legal Rights? Internal complaints are often important, but they do not always satisfy legal filing requirements. Employees should not assume that participation in an internal investigation automatically preserves all legal claims. ### Does Waiting Affect A Retaliation Claim? Yes. Delays can make it more difficult to establish the connection between protected activities and adverse employment actions. Prompt documentation often strengthens retaliation claims. ### What If An Employer Promises To Fix The Problem? Employers sometimes promise corrective action. While those promises may be sincere, employees should remain aware of applicable legal deadlines and consider obtaining legal guidance before relying solely on internal assurances. ### Can Harassment Become Harder To Prove Over Time? Yes. Harassment claims often depend on demonstrating a pattern of conduct. Delays can make it more difficult to document incidents, identify witnesses, and establish frequency and severity. ### Should Workplace Discrimination Be Documented? Yes. Maintaining records of discriminatory comments, actions, complaints, emails, and other relevant events often strengthens a potential claim and helps preserve important evidence. ### When Should An Employee Contact A Discrimination Attorney? Legal consultation may be beneficial as soon as discrimination, harassment, retaliation, accommodation issues, or other unlawful workplace conduct is suspected. Early legal review often provides the best opportunity to protect legal rights. ## Contact Law Office Of Josh McCann For Help With Illinois Discrimination Claims Workplace discrimination can affect employment, income, professional opportunities, and long-term career goals. Waiting too long to address discrimination concerns can result in lost evidence, missed deadlines, and reduced legal options. Prompt action often provides the strongest opportunity to protect important rights under federal and Illinois law. Law Office of Josh McCann represents employees in discrimination, retaliation, harassment, wrongful termination, disability accommodation, pregnancy discrimination, and other employment law matters throughout Chicago and surrounding communities. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Office of Josh McCann when you call [(847) 450-1103](tel:18474501103). Representation is available for employees throughout Chicago from an office location in Lisle, Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Discrimination Lawyer --- ### [Signs You Need A Lawyer For Workplace Discrimination In Illinois](https://chicagolegalcounsel.com/signs-you-need-a-lawyer-for-workplace-discrimination-in-illinois/) **Published:** July 7, 2026 **Author:** msaawe **Content:** Workplace discrimination can impact every part of your life. Your job gives you income, benefits, and stability. When discrimination happens at work, it can cause stress, uncertainty, and harm your career. Many people are unsure if what they are experiencing is illegal discrimination or just unfair treatment. Some notice a problem but wait too long to talk to a lawyer. Waiting can make it harder to protect your rights and keep important evidence. Knowing the warning signs of workplace discrimination and when to get legal help can make a big difference in your case. ## Understanding Workplace Discrimination Under Illinois And Federal Law Illinois and federal laws both ban many types of workplace discrimination. On the federal level, [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) makes it illegal to discriminate based on race, color, religion, sex, or national origin. Other federal laws, like the [Americans with Disabilities Act](https://www.ada.gov/) (ADA), the [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) (ADEA), and the [Pregnancy Discrimination Act](https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978), also offer protection. Illinois provides additional protections through the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), codified at 775 ILCS 5/1-101. This law prohibits discrimination based on numerous protected characteristics, including race, color, religion, sex, sexual orientation, gender identity, age, disability, national origin, marital status, military status, pregnancy, and other protected classifications. Not every workplace conflict rises to the level of unlawful discrimination. However, when adverse employment actions are connected to a protected characteristic, legal protections may apply. ### Unequal Treatment Compared To Coworkers One of the most common signs that legal assistance may be necessary is unequal treatment compared to similarly situated coworkers. You might notice that promotions often go to less qualified people who are not in your protected group. Others may get better assignments, schedules, training, or face less discipline even though their performance is similar to yours. Both Title VII and the Illinois Human Rights Act say employers usually cannot make job decisions based on protected characteristics. If you see a pattern of unfair treatment, a lawyer can help you find out if it is illegal discrimination. Keeping records of these differences is often important if you decide to file a discrimination claim. ### Repeated Discriminatory Comments Or Conduct Discrimination is not just about hiring, promotions, or being fired. Comments and behavior at work can also be a problem under the law. If you hear repeated comments about race, religion, age, disability, national origin, gender, pregnancy, or other protected traits, it could point to a bigger issue at work. These comments might show up as jokes, stereotypes, insults, or offensive remarks that seem casual. A single inappropriate comment may not always create a legal claim. However, repeated conduct or severe incidents can contribute to a hostile work environment under federal and Illinois law. When discriminatory comments continue despite complaints or objections, consultation with an attorney may be appropriate. ### Being Passed Over For Promotions Without Legitimate Explanations Promotions should generally be based on qualifications, performance, experience, and legitimate business considerations. When a qualified employee is repeatedly denied advancement opportunities while less qualified individuals receive promotions, questions regarding discrimination may arise. Employers often provide reasons for promotion decisions, but those explanations should be consistent and supported by the facts. Under Title VII, the Illinois Human Rights Act, and other anti-discrimination laws, employment decisions based on protected characteristics may violate the law. An attorney can help evaluate promotion histories, personnel records, and other evidence to determine whether discrimination may have played a role. ### Sudden Negative Performance Reviews After Positive Evaluations Many discrimination and retaliation cases involve significant changes in performance evaluations. An employee who has consistently received positive reviews may suddenly receive negative evaluations after reporting discrimination, requesting accommodations, taking protected leave, or engaging in other protected activities. While employers are entitled to evaluate performance honestly, unexplained shifts in evaluations may raise concerns when they coincide with protected conduct or protected status. Performance records often become important evidence in workplace discrimination cases. ### Workplace Harassment That Creates A Hostile Environment Federal and Illinois laws prohibit certain forms of workplace harassment. Harassment may involve offensive comments, unwanted conduct, intimidation, ridicule, humiliation, or other behavior directed at an employee because of a protected characteristic. In some situations, the conduct becomes so severe or pervasive that it alters workplace conditions and creates a hostile work environment. The Illinois Human Rights Act and Title VII both recognize hostile work environment claims under appropriate circumstances. When harassment becomes ongoing, severe, or affects the ability to perform job duties, legal guidance may be necessary. ### Disability Accommodation Requests Are Ignored The Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and the Illinois Human Rights Act require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship. Problems often arise when accommodation requests are ignored, delayed, denied without explanation, or met with hostility. Employers generally must engage in an interactive process to explore reasonable accommodations. Failure to participate in that process may create legal liability. When accommodation requests are not being addressed appropriately, an attorney can help evaluate potential violations. ### Pregnancy-Related Employment Problems Federal and Illinois laws provide protections for pregnant employees. The Pregnancy Discrimination Act amended Title VII to prohibit discrimination based on pregnancy, childbirth, and related medical conditions. Illinois law also provides protections relating to pregnancy accommodations and pregnancy-related employment decisions. Warning signs may include demotions, reduced hours, termination, denied promotions, or adverse treatment after an employer learns of a pregnancy. Pregnancy-related discrimination claims often involve complex factual and legal issues that benefit from early legal review. ### Retaliation After Reporting Discrimination Many employees fear reporting discrimination because of potential retaliation. Both federal and Illinois laws prohibit retaliation against employees who report discrimination, participate in investigations, oppose unlawful conduct, or exercise protected rights. Retaliation can take many forms. It may include termination, demotion, disciplinary action, schedule changes, reduced responsibilities, exclusion from opportunities, or hostile treatment. Retaliation claims frequently arise even when the underlying discrimination claim remains disputed. A sudden change in treatment after making a complaint often warrants careful legal evaluation. ### Termination Under Suspicious Circumstances Termination is one of the most serious employment actions an employer can take. While Illinois generally follows the employment-at-will doctrine, employers may not terminate employees for unlawful discriminatory reasons. A termination that occurs shortly after a discrimination complaint, accommodation request, protected leave, pregnancy disclosure, or other protected activity may raise concerns. Similarly, termination decisions affecting employees within protected groups, while others are treated differently, may warrant investigation. A lawyer can review the circumstances surrounding a termination and determine whether discrimination may have contributed to the decision. ### Internal Complaints Have Not Resolved The Problem Many employees attempt to resolve workplace discrimination internally before seeking legal help. Human resources departments, supervisors, and internal complaint systems sometimes address concerns effectively. In other situations, complaints are ignored, minimized, or followed by retaliation. When internal efforts fail to correct discriminatory conduct, legal intervention may become necessary to protect employee rights. Waiting too long after internal complaints may also create problems because administrative filing deadlines continue to apply. ### Important Deadlines Can Affect Legal Rights Workplace discrimination claims are often subject to strict deadlines. Federal claims may involve filing requirements with the Equal Employment Opportunity Commission (EEOC). Illinois claims may involve procedures through the Illinois Department of Human Rights (IDHR) and other administrative processes. Missing important deadlines can significantly affect the ability to pursue legal remedies. Speaking with an attorney early often helps ensure compliance with applicable filing requirements and preservation of evidence. ### Why Early Legal Guidance Matters Many workplace discrimination cases become more difficult when employees wait too long to seek legal advice. Emails may disappear, witnesses may leave the company, memories may fade, and important records may become harder to obtain. Early legal guidance can help preserve evidence, identify potential claims, evaluate available remedies, and develop an effective strategy moving forward. An attorney can also help determine whether conduct that appears unfair actually violates federal or Illinois employment laws. ## Workplace Discrimination Frequently Asked Questions ### What Qualifies As Workplace Discrimination Under Illinois Law? Workplace discrimination generally occurs when an employer takes adverse action against an employee because of a protected characteristic such as race, religion, sex, disability, age, national origin, pregnancy, sexual orientation, or another protected classification recognized under federal or Illinois law. ### How Can Someone Tell The Difference Between Unfair Treatment And Illegal Discrimination? Not all unfair treatment is unlawful. Discrimination claims generally require evidence showing that adverse treatment was connected to a protected characteristic. A legal review of the facts often helps determine whether employment laws may have been violated. ### Can A Supervisor’s Offensive Comments Support A Discrimination Claim? Potentially. Repeated discriminatory comments or severe incidents may help support claims involving hostile work environments or discriminatory treatment. The specific facts and circumstances often determine whether legal protections apply. ### Is It Illegal For An Employer To Retaliate After A Complaint? Yes. Federal and Illinois laws prohibit retaliation against employees who report discrimination, participate in investigations, oppose unlawful conduct, or exercise protected rights under employment laws. ### What Should Be Done If Human Resources Does Not Address A Complaint? When internal complaints fail to resolve discriminatory conduct, legal guidance may help determine available options. Documentation of complaints and responses often becomes important evidence. ### Can An Employee Be Fired For Requesting A Disability Accommodation? Generally, employers may not terminate an employee simply for requesting a reasonable accommodation. Disability accommodation requests are protected under both federal and Illinois law. ### How Long Does An Employee Have To File A Workplace Discrimination Claim? Deadlines vary depending on the specific claim and agency involved. Because filing requirements can be complex, prompt legal consultation is often advisable. ### What Evidence Is Helpful In A Workplace Discrimination Case? Emails, text messages, performance reviews, disciplinary records, witness statements, personnel documents, and written complaints may all help support a workplace discrimination claim. ### Are Small Employers Subject To Illinois Discrimination Laws? Illinois law may apply to some employers that are not covered by certain federal statutes. Coverage depends on the specific law involved and the number of employees. ### When Should An Employee Contact A Workplace Discrimination Attorney? Legal consultation may be beneficial whenever discrimination, harassment, retaliation, accommodation issues, or suspicious employment actions occur. Early legal review often helps preserve important rights and evidence. ## Contact Law Office Of Josh McCann For Help With Workplace Discrimination Claims Workplace discrimination can threaten a person’s livelihood, career advancement, financial stability, and professional reputation. Federal and Illinois laws provide important protections, but pursuing a claim often requires a careful evaluation of facts, evidence, and applicable legal standards. Taking action promptly can help preserve important evidence and protect legal rights. Law Office of Josh McCann represents employees in workplace discrimination, harassment, retaliation, wrongful termination, disability accommodation, pregnancy discrimination, and other employment law matters throughout Chicago and surrounding communities. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Office of Josh McCann when you call [(847) 450-1103](tel:18474501103). Representation is available for employees throughout [Chicago](https://en.wikipedia.org/wiki/Chicago) and Illinois from an office located in Lisle, Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Discrimination Lawyer **Tags:** Signs You Need A Lawyer For Workplace Discrimination In Illinois --- ### [Examples Of Unlawful Sex Discrimination At Work](https://chicagolegalcounsel.com/examples-of-sex-discrimination-at-work/) **Published:** June 23, 2026 **Author:** msaawe **Content:** Sex discrimination at work is still a serious problem under both federal and Illinois law. Many people feel they are treated unfairly but are not sure if it counts as a legal issue. We help people in Chicago understand their rights and whether their employer’s actions break the law. Sex discrimination can show up in hiring, pay, harassment, or retaliation. The law does not require extreme behavior for a claim, but you do need to show the treatment was based on sex or a related protected trait. Knowing common examples can help you see if your rights have been violated. ## Unequal Hiring And Promotion Decisions Sex discrimination often happens during hiring or promotion. Under [Title VII](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) of the Civil Rights Act of 1964, employers cannot refuse to hire or promote someone because of sex. Illinois law gives similar protections. We often see cases where equally qualified people are passed over for someone of a different sex, or where decisions are based on stereotypes about leadership or availability. Comments about family responsibilities or assumptions about commitment can show discrimination. Employers should make decisions based on qualifications and performance, not gender-based assumptions. ### Pay Disparities And Compensation Inequality Sex discrimination also appears in compensation practices. The federal [Equal Pay Act](https://www.eeoc.gov/statutes/equal-pay-act-1963), 29 U.S.C. section 206(d), requires that men and women receive equal pay for equal work under similar conditions. Illinois strengthens these protections through the [Illinois Equal Pay Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2501&ChapterID=68), 820 ILCS 112/10. Pay disparity claims often involve comparing job duties, responsibilities, and working conditions. We review whether differences in pay are justified by legitimate factors, such as experience, or whether they are based on sex. Employers cannot rely on prior salary alone to justify disparities under Illinois law. Identifying patterns in pay practices is often key to proving a claim. ### Sexual Harassment And Hostile Work Environment Sexual harassment is a clear form of [sex discrimination](https://chicagolegalcounsel.com/sex-discrimination-in-illinois-how-to-recognize-it-and-prove-it-happened/). It includes unwanted behavior based on sex that makes the workplace hostile or offensive. Both Title VII and Illinois law ban this kind of conduct. Harassment can mean inappropriate comments, repeated advances, or actions that make it hard to do your job. The law looks at whether the behavior is serious or happens often enough to change working conditions. We consider how often it happens, the situation, and how it affects the employee. Employers can be held responsible if they knew or should have known about the harassment and did not act. ### Pregnancy and Family-Related Discrimination Discrimination because of pregnancy or family responsibilities is also not allowed. The Pregnancy Discrimination Act, which changed Title VII, protects workers from negative actions based on pregnancy, childbirth, or related health issues. Illinois law gives even more protection, including reasonable accommodations for pregnancy. We often see people denied leave, forced to take unpaid time off, or left out of opportunities because of assumptions about their ability to work. If these actions are connected to sex or pregnancy, they may be grounds for a legal claim. ### Retaliation For Reporting Discrimination Retaliation is a related but separate problem. Federal and Illinois laws both say employers cannot punish employees for reporting discrimination or helping with an investigation. This includes being fired, demoted, or facing other negative job changes. Retaliation claims are common because people who speak up often face consequences, either obvious or subtle. We look at when the employer acted and if it connects to the protected activity. Proving retaliation can make your case stronger and may lead to more remedies. ### Discriminatory Workplace Policies And Practices Sometimes, discrimination comes from policies that seem fair but actually hurt one sex more than the other. These are called disparate impact claims under Title VII. For example, a rule that limits promotions based on things not related to job performance might affect one group more. Illinois law also covers these issues. We look at whether a policy has a real business reason or if it creates unfair obstacles. Employers need to clearly explain and justify their practices. ### Constructive Discharge And Forced Resignation Sometimes, discrimination gets so bad that an employee feels they have no choice but to quit. This is called constructive discharge. Courts may treat this kind of resignation as if the person was fired. To prove it, you must show that the working conditions were unbearable and that a reasonable person would have felt forced to leave. We look at the whole history of the workplace to see if this standard is met. Constructive discharge often happens in harassment or retaliation cases. ## Sex Discrimination Frequently Asked Questions ### What Qualifies As Sex Discrimination Under Federal And Illinois Law? Sex discrimination means any negative job action taken because of a person’s sex or related traits. Under Title VII and the Illinois Human Rights Act, this covers hiring, promotions, pay, and how people are treated at work. The main question is whether the action was based on sex instead of a real business reason. Evidence can include comments, patterns of behavior, or differences in how similar employees are treated. ### How Do I Prove A Pay Discrimination Claim? To prove pay discrimination, you need to show you are paid less than someone of a different sex for basically the same work. This means comparing job duties, responsibilities, and working conditions. Under the Equal Pay Act and Illinois Equal Pay Act, the employer must explain any pay differences with real reasons like experience or education. Keeping records like pay stubs and job descriptions is important for your claim. ### What Should I Do If I Experience Sexual Harassment At Work? If you face harassment, write down what happened and report it following your employer’s rules. Keep detailed notes about each incident, including dates and any witnesses. Employers must take complaints seriously and look into them. If your employer does not act or the harassment continues, you may need to take legal action. Acting early helps protect your rights and makes your case stronger. ### Can I Be Fired For Reporting Discrimination? No, federal and Illinois laws do not allow retaliation for reporting discrimination. If you are fired or treated badly after making a complaint, you might have a retaliation claim. These claims often depend on showing a link between your complaint and what your employer did. Timing and keeping good records are important for proving this. ### How Long Do I Have To File A Discrimination Claim In Illinois? Deadlines depend on where you file your claim. Under federal law, you usually have to file with the Equal Employment Opportunity Commission within 300 days of the discrimination. Illinois has similar deadlines through the Illinois Department of Human Rights. If you miss these deadlines, you may not be able to bring a claim, so act quickly. ## Protect Your Rights With Experienced Chicago Discrimination Attorneys If you believe you have experienced sex discrimination at work, we If you think you have faced sex discrimination at work, we can help you review your situation and take action under federal and Illinois law. The Law Office of Josh McCann helps employees across Chicago from our office in Lisle, Illinois. To [receive your free consultation](https://lawofficemichaelsmith.com/contact/), contact our [Chicago employment attorney](https://lawofficemichaelsmith.com/employment-law/) at the Law Office of Josh McCann when you call [(847) 450-1103](tel:18474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Sex Discrimination **Tags:** Examples Of Unlawful Sex Discrimination At Work --- ### [Misclassified As A Salaried Employee In Illinois? Why You May Be Owed Back Pay](https://chicagolegalcounsel.com/misclassified-as-a-salaried-employee-in-illinois-why-you-may-be-owed-back-pay/) **Published:** June 5, 2026 **Author:** msaawe **Content:** In Illinois, many workers are told they are “salaried” and not eligible for overtime pay, but this is often not true. Getting a salary does not automatically mean you are exempt from overtime under federal or Illinois law. Our firm often helps Chicago workers who were misclassified and denied the wages they earned. This problem affects professionals, office staff, and supervisors in many fields. Misclassification can have a big financial impact over time. Knowing your rights under both federal and Illinois law is the first step to getting what you are owed. ## The Legal Difference Between Salaried And Exempt Employees The federal [Fair Labor Standards Act](https://www.dol.gov/agencies/whd/flsa), 29 U.S.C. section 201, says most employees should get overtime pay for any hours worked over 40 in a week. Overtime is paid at one and a half times your regular rate under [29 U.S.C. section 207](https://chicagolegalcounsel.com/retaliation-at-work-in-illinois-when-your-employer-punishes-you-for-speaking-up/ "Retaliation At Work In Illinois: When Your Employer Punishes You For Speaking Up"). Some employees are exempt from overtime if they meet certain criteria, such as working in executive, administrative, or professional roles. What matters is your job duties and salary level, not just whether you get a salary. To be exempt, employees must earn at least a certain salary set by federal rules under [29 C.F.R. section 541](https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541) and do specific job duties that involve decision-making, management, or advanced knowledge. If your job does not meet these standards, you may still be owed overtime, even if you get a fixed salary. Employers sometimes get these rules wrong, which can lead to wage violations. ### Illinois Wage Laws And Additional Protections Illinois law reinforces federal protections and adds additional remedies for workers. The Illinois Minimum Wage Law, [820 ILCS 105/1](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2400&ChapterID=68), mirrors federal overtime requirements and mandates overtime pay for eligible employees. The Illinois Wage Payment and Collection Act, [820 ILCS 115/1](https://ilga.gov/Legislation/ILCS/Articles?ActID=2402&ChapterID=68&Chapter=EMPLOYMENT&MajorTopic=BUSINESS%20AND%20EMPLOYMENT), requires employers to pay all earned wages in a timely manner. When overtime is withheld due to misclassification, it may also violate this statute. Illinois courts and agencies look at what the job really involves, not just the job title. Being called a “manager” or getting a salary does not decide if you are exempt. We review your actual duties, authority, and how you do your work to see if the classification is correct. If it is not, you may be able to claim unpaid wages and extra penalties. ### Common Signs Of Misclassification Misclassification usually happens in similar ways. Some employees get a salary but mostly do routine tasks without making decisions on their own. Others must follow strict rules and have no say in hiring, firing, or setting policies. If you often work more than 40 hours a week and do not get overtime pay, this could be a warning sign. Another sign is when your employer talks about your salary but does not explain why you are exempt. Sometimes, employees have to clock in and out but are still treated as exempt. These mixed messages can help support a claim for unpaid wages. It is important to review your job duties and pay structure to see if you have been misclassified. ### How Back Pay And Damages Are Calculated If you have been misclassified, you may be able to recover unpaid overtime for up to two years under the Fair Labor Standards Act, or three years if the violation was willful under 29 U.S.C. section 255. Illinois law may also let you recover under state rules. Back pay is based on how many overtime hours you worked and the correct overtime rate. Besides unpaid wages, employees may also get liquidated damages under 29 U.S.C. section 216, which can double the amount owed in some cases. The Illinois Wage Payment and Collection Act may also allow for extra damages and attorney’s fees. These rules help workers and discourage employers from breaking wage laws. ### Employer Defenses And How We Address Them Employers often argue that an employee qualifies for an exemption based on title or general responsibilities. They may also claim that the employee exercised discretion or performed managerial duties. We counter these arguments by focusing on the actual day-to-day work performed. Courts look at substance over form, which means the real duties matter more than job descriptions. We collect evidence like schedules, emails, company policies, and witness statements to show how your job really worked. This careful approach helps us build a strong case and challenge wrong classifications. Employers who use old or incorrect ideas about exemptions can be held responsible under the law. ## Taking Action To Protect Your Rights If you think you have been misclassified, it is important to act quickly. There are time limits for wage claims, and waiting can lower the amount you can get back. Keep records of your hours, pay stubs, and job duties to help your claim. Even if you do not work there anymore, you might still have a case. We help clients review their job status, figure out possible damages, and seek recovery through negotiation or court if needed. Misclassification cases can be complicated, but the law gives clear rules for deciding if overtime is owed. Taking action can help you get back lost wages and make sure you are treated fairly in the future. ## Employee Misclassification Frequently Asked Questions ### What Does It Mean To Be Misclassified As A Salaried Employee? If you are misclassified, your employer treats you as exempt from overtime even though your job duties and salary do not meet the legal rules. Federal law says exemption depends on both your salary and the kind of work you do. If you get a salary but do nonexempt work, you may still deserve overtime pay. Misclassification often means missing out on wages for a long time, which can cause big financial losses. ### Can I Recover Unpaid Overtime If I Was Misclassified? Yes, you may be able to get back unpaid overtime wages if you were misclassified. The Fair Labor Standards Act lets you recover back pay for up to two years, or three years if the violation was willful. You might also get extra damages that increase your total recovery. Illinois law offers more remedies, like penalties and attorney fees. Each case depends on your job duties and hours worked. ### How Do I Know If I Qualify For An Overtime Exemption? To be exempt, your job must meet certain rules about your duties and salary. For example, executive employees must manage others and have real authority. Administrative employees must do office work tied to business operations and use independent judgment. Professional employees must do work that needs advanced knowledge in a special field. If your job does not fit these standards, you may not be exempt, no matter your salary. ### What Evidence Is Needed To Prove A Misclassification Claim? Evidence can include pay records, time sheets, job descriptions, emails, and statements about your daily work. Courts care more about what you actually do than your job title. Records showing long hours without overtime pay are especially important. Statements from coworkers or supervisors can also help your claim. Looking closely at your work history helps show if you were misclassified. ### Can My Employer Retaliate Against Me For Raising A Wage Claim? Federal and Illinois laws prohibit retaliation against employees who assert their rights under wage laws. This includes termination, demotion, or other adverse actions taken because you raised concerns about pay. If retaliation occurs, you may have an additional legal claim. Protecting your rights should not come at the cost of your job, and the law provides remedies to address unlawful retaliation. ## Protect Your Rights By Calling Our Chicago Employment Law Attorney If you think you have been misclassified and denied overtime pay, we can help you review your situation and take steps to fix it. The Law Office of Josh McCann helps employees across Chicago recover unpaid wages and hold employers responsible. To [receive your free consultation](https://lawofficemichaelsmith.com/contact/), contact our [Chicago employment attorney](https://lawofficemichaelsmith.com/employment-law/) at the Law Office of Josh McCann when you call [(847) 450-1103](tel:18474501103). We serve clients throughout Chicago from our Lisle, Illinois office and are ready to help you get the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Attorney **Tags:** Misclassified As A Salaried Employee In Illinois? --- ### [What Counts As Protected Activity Under Illinois Employment Law?](https://chicagolegalcounsel.com/what-counts-as-protected-activity-under-illinois-employment-law/) **Published:** May 29, 2026 **Author:** msaawe **Content:** Many employees believe termination is always lawful in Illinois due to the at-will employment doctrine. However, important exceptions exist. Illinois and federal laws protect employees who engage in specific activities. If an employer takes adverse action because of these activities, it may be considered retaliatory discharge. We often assist employees who face discipline, demotion, or termination after raising workplace concerns. Many are unsure if their actions qualify as protected activity, which can arise in various situations. Understanding what constitutes protected activity under Illinois and federal law is essential when evaluating a potential retaliation claim. Illinois recognizes retaliatory discharge as a limited exception to at-will employment, protecting employees who act in support of public policy. Federal and state statutes also protect those who report unlawful conduct, discrimination, wage violations, or safety concerns. ## Reporting Discrimination And Harassment As Protected Activity One of the most common forms of protected activity involves reporting workplace discrimination or harassment. Federal law prohibits retaliation against employees who oppose discriminatory practices. Title VII of the Civil Rights Act of 1964, [42 U.S.C. § 2000e-3(a)](https://www.law.cornell.edu/uscode/text/42/2000e-3), protects employees who report discrimination based on race, gender, religion, or national origin. Similarly, the Americans with Disabilities Act, [42 U.S.C. § 12203](https://www.law.cornell.edu/uscode/text/42/12203), prohibits retaliation against employees who request accommodations or report disability discrimination. The Age Discrimination in Employment Act, [29 U.S.C. § 623(d)](https://www.law.cornell.edu/uscode/text/29/623), also protects employees who report age discrimination. Illinois law provides additional protection. The Illinois Human Rights Act, [775 ILCS 5/6-101](https://www.ilga.gov/documents/legislation/ilcs/documents/077500050K6-101.htm), prohibits retaliation against employees who report discrimination or participate in investigations. Employees who file internal complaints, cooperate in investigations, or oppose unlawful practices may be protected under these statutes. Protected activity does not require a formal complaint; informal complaints to management may also qualify. Courts focus on whether the employee reasonably believed unlawful conduct occurred. ### Reporting Wage Violations And Overtime Issues Employees who report wage violations may also be protected. The Fair Labor Standards Act, [29 U.S.C. § 215(a)(3)](https://www.law.cornell.edu/uscode/text/29/215), prohibits retaliation against employees who complain about unpaid wages or overtime violations. Illinois law also protects employees under the Illinois Wage Payment and Collection Act, [820 ILCS 115/14](https://www.ilga.gov/Documents/legislation/ilcs/documents/082001150K14.htm). Employees who raise concerns about unpaid wages, commissions, or bonuses may be protected from retaliation. We often see employees disciplined or terminated after reporting compensation issues. If adverse action follows a protected complaint, it may support a retaliation claim. ### Whistleblower Protection Under Illinois Law Illinois provides whistleblower protection under the Illinois Whistleblower Act, [740 ILCS 174/15](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2495&ChapterID=57). This law prohibits employers from retaliating against employees who disclose violations of state or federal law. Employees who refuse to participate in illegal activity may also be protected. Whistleblower protections cover a wide range of conduct. Employees who report fraud, safety, or regulatory violations may be protected. Courts consider whether the employee acted in good faith and whether the reported conduct involved legal violations. Whistleblower claims often arise when employees report misconduct internally or to government agencies, frequently resulting in termination soon after the report. ### Workers’ Compensation Claims And Retaliation Illinois also recognizes retaliatory discharge claims related to workers’ compensation. Under Illinois case law, including Kelsay v. Motorola, Inc., 74 Ill. 2d 172, employees may pursue claims if terminated for filing workers’ compensation claims. Employees injured at work have the right to seek benefits under the Illinois Workers’ Compensation Act, 820 ILCS 305/4(h). Employers may not terminate employees for exercising these rights. Courts take these claims seriously due to their public policy implications. ### Reporting Safety Violations As Protected Activity Employees who report workplace safety concerns may also be protected. Federal law under the Occupational Safety and Health Act, 29 U.S.C. § 660©, prohibits retaliation against employees who report unsafe conditions. Employees who raise safety concerns, request inspections, or participate in investigations may qualify for protection. These claims often arise in construction, manufacturing, and healthcare settings. Illinois law may also support retaliatory discharge claims when employees report unsafe conditions that implicate public safety. ### Participating In Investigations Or Legal Proceedings Employees who participate in investigations or legal proceedings are also protected. Title VII, 42 U.S.C. § 2000e-3(a), protects employees who participate in discrimination investigations. Similarly, employees who testify in court or cooperate with government agencies may qualify for protection. Participation protection is broad. Employees are often protected even if the underlying claim is ultimately unsuccessful. ### What Counts As Adverse Employment Action To establish retaliation, employees must show adverse employment action, such as termination, demotion, reduced hours, or other negative actions. Courts assess whether the action would discourage a reasonable employee from engaging in protected activity. Timing is important. When adverse action closely follows protected activity, courts may infer retaliation. ### Why Legal Guidance Matters In Retaliatory Discharge Cases Retaliation claims often require complex legal analysis. Employers may argue that termination was based on performance or business reasons. Evaluating these claims involves reviewing documentation, timelines, and communications. We help clients assess whether their actions qualify as protected activity and whether retaliation occurred. Early evaluation helps preserve evidence and protect legal rights. ## Frequently Asked Questions About Illinois Employment Law ### What Is Considered Protected Activity Under Illinois Employment Law? Protected activity includes reporting discrimination, wage violations, safety concerns, or illegal conduct. Federal and Illinois laws provide protections for employees who raise these concerns. ### Do I Have To File A Formal Complaint To Be Protected? No. Informal complaints may qualify as protected activity. Courts often focus on whether the employee reasonably believed unlawful conduct occurred. ### Can My Employer Fire Me After I Report Harassment? Employers may not retaliate against employees for reporting harassment under Title VII and the Illinois Human Rights Act, 775 ILCS 5/6-101. ### What If My Employer Claims The Termination Was For Performance? Employers often assert legitimate reasons. Courts evaluate timing, documentation, and surrounding circumstances. ## Call Law Office Of Josh D. McCann LTD For A Free Consultation If you believe you were terminated or disciplined after engaging in protected activity, you may have legal options. Law Office of Josh D. McCann LTD represents employees in retaliatory discharge cases throughout Chicago. Call Law Office of Josh D. McCann LTD today for a FREE consultation at (847) 450-1103. Located in Lisle, Illinois, the firm represents clients throughout Chicago and surrounding communities. A consultation can help you understand your rights and next steps. Contact our [Chicago employment law attorney](https://chicagolegalcounsel.com/) at the Law Office of Josh D. McCann LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [Retaliation At Work In Illinois: When Your Employer Punishes You For Speaking Up](https://chicagolegalcounsel.com/retaliation-at-work-in-illinois-when-your-employer-punishes-you-for-speaking-up/) **Published:** May 15, 2026 **Author:** msaawe **Content:** Employees should not face job loss for raising concerns. However, many experience discipline, demotion, or termination after reporting issues such as discrimination, safety violations, wage disputes, or illegal conduct. These situations may involve unlawful retaliation under Illinois and federal law. While retaliation claims can be complex, understanding your rights is essential to protect your career and financial well-being. Federal and Illinois laws prohibit employers from punishing employees for engaging in protected activity, such as reporting discrimination, filing complaints, participating in investigations, or opposing unlawful conduct. When adverse action follows an employee speaking up, the timing and circumstances are often central to a legal claim. Retaliation may include subtle actions like negative performance reviews, schedule changes, or exclusion from opportunities. ## What Counts As Protected Activity Under Federal And Illinois Law Employees are protected when they raise concerns about unlawful workplace conduct. Federal protections arise under Title VII of the Civil Rights Act of 1964, [42 U.S.C. § 2000e-3(a)](https://www.law.cornell.edu/uscode/text/42/2000e-3), which prohibits retaliation for reporting discrimination based on race, sex, religion, national origin, or other protected categories. The Americans with Disabilities Act also prohibits retaliation under [42 U.S.C. § 12203](https://www.law.cornell.edu/uscode/text/42/12203). Similarly, the Age Discrimination in Employment Act protects employees under [29 U.S.C. § 623(d)](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967). Illinois law also provides important protections. The Illinois Human Rights Act, [775 ILCS 5/6-101](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K6-101.htm), prohibits retaliation against employees who report discrimination or harassment. This law applies to many employers in Illinois and provides remedies for employees who experience retaliation. Protected activity may include: - Reporting harassment or discrimination - Filing internal complaints - Participating in workplace investigations - Reporting safety violations - Refusing to engage in unlawful conduct Employees do not need to prove discrimination actually occurred. Protection applies when employees reasonably believe unlawful conduct occurred. ### What Is Considered Retaliation Retaliation occurs when an employer takes adverse action due to protected activity. This includes termination, demotion, reduced hours, pay cuts, disciplinary action, or other conduct that negatively affects employment conditions. Federal courts recognize a broad definition of retaliation. Under Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), retaliation includes actions that would discourage a reasonable employee from reporting misconduct. This standard includes more than termination. Negative changes in responsibilities or work environment may also qualify. Illinois courts follow similar principles. The Illinois Human Rights Act protects employees from retaliation that affects employment conditions. Timing often plays an important role. When adverse action follows closely after a complaint, courts may consider that timing as evidence. ### Retaliatory Discharge Claims In Illinois Illinois also recognizes common law retaliatory discharge claims. These claims arise when an employee is terminated for reasons that violate public policy. The Illinois Supreme Court recognized retaliatory discharge in Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978), involving workers’ compensation retaliation. Employees may also bring retaliatory discharge claims when terminated for reporting illegal conduct. For example, Illinois courts recognize claims for whistleblower retaliation under the Illinois Whistleblower Act, 740 ILCS 174/20. This statute prohibits employers from retaliating against employees who disclose violations of law. These claims often involve termination after reporting illegal activity or refusing to participate in unlawful conduct. ### Retaliation For Reporting Safety And Wage Violations Employees who report workplace safety issues may also be protected under federal law. The Occupational Safety and Health Act protects employees under 29 U.S.C. § 660© from retaliation for reporting safety concerns. Wage-related complaints are also protected. The Fair Labor Standards Act prohibits retaliation under 29 U.S.C. § 215(a)(3). Illinois also protects employees under the Illinois Wage Payment and Collection Act, 820 ILCS 115/14. These protections apply when employees report unpaid wages, overtime violations, or other wage issues. ### How Employers Attempt To Justify Retaliation Employers often argue that adverse action was unrelated to protected activity. They may claim performance issues, restructuring, or policy violations. These explanations are carefully reviewed in retaliation cases. We examine documentation, timing, and witness testimony to determine whether the employer’s explanation is legitimate. In many cases, inconsistencies reveal retaliatory intent. Sudden performance issues after years of positive reviews may raise concerns. Retaliation claims often depend on detailed factual analysis. Documentation and timing often play critical roles. ### What Damages May Be Available In Retaliation Cases Employees who prove retaliation may recover damages. These may include lost wages, future earnings, and emotional distress. Federal law allows recovery under Title VII and other statutes. Illinois law also allows damages under the Illinois Human Rights Act. Courts may also award attorney fees and reinstatement. These remedies help restore employees to their prior position. Each case depends on the facts, including the severity of retaliation and financial impact. ### Taking Action After Retaliation Employees who believe they have experienced retaliation should act promptly. Federal claims may require filing with the Equal Employment Opportunity Commission. Illinois claims may require filing with the Illinois Department of Human Rights. Deadlines apply, and delays may affect rights. We often recommend documenting incidents, preserving communications, and seeking legal guidance. Early action often strengthens claims. ## Frequently Asked Questions About Workplace Retaliation ### What Is Workplace Retaliation? Workplace retaliation occurs when an employer punishes an employee for engaging in protected activity, such as reporting discrimination or illegal conduct. Federal and Illinois laws prohibit retaliation. ### Do I Have To Prove Discrimination To Bring A Retaliation Claim? No. Employees only need to show they reasonably believed unlawful conduct occurred. Protection applies even if discrimination is not ultimately proven. ### Can I Be Retaliated Against For Filing A Complaint? No. Federal law under 42 U.S.C. § 2000e-3(a) and Illinois law under 775 ILCS 5/6-101 prohibit retaliation for filing complaints. ### What If My Employer Gives A Different Reason For Termination? Employers often provide alternative explanations. Courts examine evidence to determine whether the reason is legitimate. ### What Types Of Actions Count As Retaliation? Termination, demotion, reduced pay, and schedule changes may qualify. Subtle actions may also qualify if they affect employment conditions. ## Call Law Office of Josh D. McCann LTD For Your Free Consultation If you believe you experienced retaliation at work, legal guidance may help you protect your rights. Law Office of Josh D. McCann LTD represents employees throughout Chicago and the surrounding communities. Our team works to hold employers accountable and pursue compensation. Contact our [Chicago workplace retaliation lawyer](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) at Law Office of Josh D. McCann LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). Located in Lisle, Illinois, the firm represents clients throughout Chicago and across Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Retaliatory Discharge --- ### [Do You Have A Case For Gender-Based Pay Disparity In Illinois?](https://chicagolegalcounsel.com/do-you-have-a-case-for-gender-based-pay-disparity-in-illinois/) **Published:** September 23, 2025 **Author:** msaawe **Content:** At the Law Offices of Joshua D. McCann, LTD, we know that fair pay is not just a goal; it is a legal right. Unfortunately, many employees in Illinois still face wage discrimination based on gender. This unequal treatment undermines workplace fairness and violates state and federal laws. If you suspect that you are being paid less than your colleagues because of your gender, you may have a valid claim for gender-based pay disparity. Understanding the laws that protect you is the first step toward holding employers accountable and securing the compensation you deserve. ## Understanding Gender-Based Pay Disparity Gender-based pay disparity occurs when employees performing the same or substantially similar work are paid differently because of their gender. This discrimination can be obvious, such as a woman being paid less than a male counterpart for the same position, or it can be subtle, involving differences in bonuses, benefits, or promotion opportunities. Illinois and federal laws make it illegal for employers to engage in pay discrimination based on gender. ### Federal Laws Protecting Employees From Pay Discrimination Under the Equal Pay Act of 1963 ([29 U.S.C. § 206(d)](https://www.law.cornell.edu/uscode/text/29/206)), employers are prohibited from paying employees of one gender less than employees of another gender for equal work requiring equal skill, effort, and responsibility under similar working conditions. Employers may only justify pay differences based on factors such as seniority, merit, quantity or quality of production, or any factor other than sex. Additionally, Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)) makes it unlawful for employers to discriminate against employees on the basis of sex in compensation, terms, conditions, or privileges of employment. Employees can file claims with the Equal Employment Opportunity Commission (EEOC) under Title VII. The [Lilly Ledbetter Fair Pay Act of 2009](https://www.congress.gov/bill/111th-congress/senate-bill/181) further protects employees by allowing each discriminatory paycheck to reset the statute of limitations for filing a pay discrimination claim, giving employees more time to take action. ### Illinois Laws On Pay Equity Illinois provides additional protections against gender-based pay disparity. The Illinois Equal Pay Act of 2003 ([820 ILCS 112/10](https://ilga.gov/documents/legislation/ilcs/documents/082001120K10.htm)) prohibits employers from paying employees of the opposite sex unequal wages for substantially similar work on jobs that require equal skill, effort, and responsibility and are performed under similar working conditions. Amendments to the Illinois Equal Pay Act have strengthened these protections, adding transparency requirements for employers and increasing penalties for violations. Illinois law also prohibits retaliation against employees who inquire about, disclose, or complain about wage differences. ### What You Need To Prove A Gender-Based Pay Disparity Claim To build a strong case, employees must typically show: - They were paid less than employees of the opposite sex. - The work performed was substantially similar, requiring equal skill, effort, and responsibility. - The work was performed under similar working conditions. Employers may attempt to defend pay differences based on seniority, performance, education, or other legitimate factors. As attorneys, we investigate pay structures, review employment records, and gather evidence to demonstrate unlawful discrimination. ### Remedies Available For Pay Discrimination Employees who succeed in gender-based pay disparity claims may be entitled to: - Back pay for lost wages. - Liquidated damages equal to the amount of back pay under federal law. - Compensatory and punitive damages under Title VII. - Attorneys’ fees and costs. - Injunctive relief requiring employers to adjust pay practices. Both federal and state agencies, as well as private lawsuits, can be used to pursue these remedies. Timely action is crucial because statutes of limitations apply. In Illinois, claims under the state Equal Pay Act must be filed within five years of the alleged violation (820 ILCS 112/12), while Title VII claims generally require filing with the EEOC within 180 to 300 days of discrimination. ## Frequently Asked Questions About Gender-Based Pay Disparity Claims In Illinois ### What Evidence Do I Need To Prove Gender-Based Pay Disparity? Employees should collect pay records, job descriptions, performance evaluations, and evidence showing that employees of a different gender in similar roles are paid more. Witness statements and company policies can also help establish discriminatory pay practices. ### How Do I Know If My Work Is Considered Substantially Similar? Illinois law defines substantially similar work as jobs requiring equal skill, effort, and responsibility, performed under similar working conditions. Job titles do not control; the actual duties performed are what matter in determining similarity. ### Can My Employer Retaliate Against Me For Asking About Pay Differences? No. Both federal and Illinois laws prohibit retaliation against employees who inquire about wages, disclose their pay, or complain about unequal pay practices. If retaliation occurs, you may have an additional claim for damages. ### What Is The Difference Between The Federal Equal Pay Act And the Illinois Equal Pay Act? Both laws prohibit gender-based wage discrimination. However, Illinois law covers more employers, applies to a broader range of jobs, and provides additional transparency and reporting requirements. Employees can often bring claims under both federal and state law. ### How Long Do I Have To File A Claim? Under Illinois law, you generally have five years from the date of the violation to file a claim (820 ILCS 112/12). For Title VII claims, you must file with the EEOC within 180 or 300 days, depending on the circumstances. Promptly consulting an attorney ensures you meet all deadlines. ### Can Men Bring Gender-Based Pay Disparity Claims? Yes. These laws protect all employees from wage discrimination based on gender, regardless of whether the employee is male, female, or non-binary. Any person paid less because of gender may have a claim. ### What Remedies Are Available If My Claim Succeeds? Remedies can include back pay, liquidated damages, compensatory and punitive damages, attorney fees, and court orders requiring changes to employer pay practices. ## Call The Law Offices of Joshua D. McCann, LTD For Help With Pay Discrimination Claims At the Law Offices of Joshua D. McCann, LTD, we fight for fair pay for every employee in Chicago and throughout Illinois. If you suspect you are being paid less because of your gender, we can investigate your claim, explain your rights under federal and state laws, and pursue the compensation you deserve. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago gender discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Our office in Lisle represents employees throughout the Chicago area in cases of pay disparity, discrimination, and wrongful termination. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Genger Discrimination --- ### [Things That You Must Know About Retaliatory Discharge](https://chicagolegalcounsel.com/things-that-you-must-know-about-retaliatory-discharge/) **Published:** August 27, 2025 **Author:** msaawe **Content:** ## Retaliatory Discharge [Retaliatory discharge](https://chicagolegalcounsel.com/retaliatory-discharge) is typically any sort of circumstance in which a worker or an employee is terminated for retaliation or punishment for performing or participating in a legally protected activity. Such legal action may include a discrimination claim, refusing to perform discriminatory behavior even if the employer asks, or whistleblowing about any illegal activity executed at the organization. Such form of discharge of an employee is wrongful termination. Employees facing such job termination should consult a reputable retaliatory discharge lawyer to help them defend their rights. In fact, you can make legal proceedings for wrongful termination when your employer expels you out of retaliation rather than any skill or competency factor. Several legally protected steps and activities cannot affect your employment status, such as filing a complaint about discrimination or harassment or filing any sort of complaint with the [US Equal Employment Opportunity Commission](https://www.eeoc.gov/). There may be a wrongful termination case when your employer has retaliated in any way, such as denying you a promotion based on your complaints or providing you a negative or poor performance review. ### Possible Penalties For Engaging In Retaliatory Discharge Organizations engaging in retaliatory discharge may have to bear significant charges in damages to the workers as compensation not only for the lost wages but also for other issues, like mental anguish. For a workplace retaliation to be considered, you have to prove that: - you were engaged in a kind of [protected activity](https://www.upcounsel.com/retaliatory-discharge). - your employer or company took against you; and - there is a distinct connection between your activity and the action of your employer Make sure you clearly comprehend the details of each of the three elements to defend your matter. Some more elements are essential to prove a causal link between your protected activity and the employer’s negative action or retaliation, including: - The timing of each action: When the negative action by your employer is taken almost right away after your protected activity. - Employer’s knowledge: The employer has to know that their negative action does constitute a retaliation. ## Retaliatory Discharge Frequently Asked Questions ### What is retaliatory discharge? Retaliatory discharge occurs when an employer unlawfully terminates an employee in direct response to that employee’s participation in a protected activity. Examples of these activities include: Reporting instances of harassment or discrimination occurring in the workplace - Filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the Occupational Safety and Health Administration (OSHA) - Participating as a witness in an internal workplace investigation - Whistleblowing by reporting incidents of fraud or illegal conduct within the organization - Submitting a claim for workers’ compensation due to an on-the-job injury The essential factor that distinguishes retaliatory discharge from other types of termination is that the dismissal is not due to the employee’s job performance but rather a reaction to their exercise of legal rights. ### Which laws safeguard employees from retaliatory discharge? Numerous federal laws exist to protect employees from retaliation, including but not limited to: [**Title VII of the Civil Rights Act**](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) – Protecting against discrimination based on race, sex, religion, or national origin. [**Americans with Disabilities Act (ADA)** ](https://www.ada.gov/)– Safeguarding individuals with disabilities. **[Age Discrimination in Employment Act](https://www.eeoc.gov/history/age-discrimination-employment-act-1967) (ADEA)** – Offering protection to employees age 40 and older. **[Occupational Safety and Health Act](http://www.osha.gov/laws-regs/oshact/completeoshact) (OSHA)** – Promoting safe and healthful working conditions. **[Fair Labor Standards Act](https://www.dol.gov/agencies/whd/flsa) (FLSA)** – Ensuring fair labor practices and wage rights. **[Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (FMLA)** – Allowing employees to take leave for family and medical reasons without fear of losing their job. [**Sarbanes-Oxley Act**](https://www.congress.gov/bill/107th-congress/house-bill/3763) – Providing protections for whistleblowers in publicly traded companies. [**False Claims Act**](https://www.justice.gov/civil/false-claims-act) – Enabling individuals to report government fraud. In addition to federal protections, many state laws extend further safeguards, especially for employees who report wage violations or unsafe working conditions. ### What must an employee demonstrate to succeed in a retaliatory discharge claim? To prevail in a claim of retaliatory discharge, the employee must generally establish three critical components: Engagement in a protected activity\*\*: Documenting that they participated in a legally protected action. Adverse employment action\*\*: Demonstrating that they experienced a negative consequence, such as termination or demotion. Causal connection\*\*: Establishing a clear link between the protected activity and the adverse action taken by the employer. Evidence such as documentation, witness testimony, and the timing of events plays a vital role in illustrating this connection. ### Can retaliation occur without an actual termination? Absolutely. Retaliation can manifest in various ways beyond just termination, including: - Demotion or denial of promotion which can hinder career advancement. - Reduction in hours or pay impacting financial stability. - Receiving negative performance reviews leading to undue stress and professional harm - Experiencing a hostile work environment where intimidation or harassment is present - Being excluded from crucial meetings or projects sidelining the employee’s contributions Any adverse action that could dissuade a reasonable individual from engaging in protected activity may qualify as retaliation. ### How long do I have to file a claim? The timeline for filing a claim can vary significantly based on jurisdiction: For federal claims lodged with the EEOC, the typical deadline is 180 days from the date of the retaliatory act. This period can be extended to 300 days in certain states. State law claims may come with different statutes of limitations, generally ranging from one to three years. Acting promptly is essential; failing to file within the designated timeframe can result in the dismissal of your claim. ### Can I file a claim anonymously? While it is not possible to file a formal claim of retaliation anonymously, initial complaints—such as internal reports or whistleblower tips—might be submitted confidentially. However, once legal proceedings commence, it’s likely that your identity will be revealed. ### What are the potential consequences for employers found guilty of retaliation? Employers that are found to have retaliated against an employee may face a range of consequences, including: - Reinstatement of the employee to their previous position. - Back pay and benefits owed to the employee. - Compensatory damages for emotional distress caused by the retaliation. - Payment of attorney’s fees and court costs incurred during legal proceedings. - Mandatory policy changes and training to prevent future occurrences. In more severe cases, punitive damages may also be awarded to deter the employer from similar misconduct in the future. What steps should I take if I suspect retaliation? If you believe you are experiencing retaliation, consider taking the following proactive measures: Document everything – Keep thorough records of emails, performance reviews, and witness statements related to your situation. Report your concerns internally via Human Resources or compliance channels within your organization. Consult with an employment attorney to explore your legal options and receive guidance tailored to your situation. File a complaint with the EEOC or the relevant state agency if the situation does not improve. By taking these steps, you can help protect your rights and strengthen your case in the event of retaliation ## Contact Our Chicago Retaliatory Discharge Attorney Retaliatory discharge is a serious issue that arises when an employer decides to terminate an employee specifically because that employee has engaged in a legally protected activity. Such activities might include reporting incidents of discrimination, filing a workers’ compensation claim when injured on the job, or acting as a whistleblower by disclosing fraud or illegal practices within the organization. This type of discharge is a significant violation of employment law, with robust protections provided at both federal and state levels. If you think your present employer wrongfully terminated you, then you may have a legal recourse. Thus, talk to a retaliatory discharge lawyer as soon as you can in order to document your case. An employment lawyer can help you better comprehend wrongful termination laws as well as prepare you for an effective testimony in your wrongful termination case. For more information or to schedule a free consultation, contact **[Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/)** today at (847) 450-1103 to speak with our experienced [Chicago retialatory discharge attorneys](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [New Laws Impacting Employers and Employees in Illinois](https://chicagolegalcounsel.com/new-laws-impacting-employers-and-employees-in-illinois/) **Published:** September 24, 2025 **Author:** msaawe **Content:** As Illinois employment laws undergo regular updates, it’s imperative for employers and employees to remain informed about the [latest legal changes impacting the workplace](https://labor.illinois.gov/news/press-release.25856.html#:~:text=This%20year%20the%20minimum%20wage,there%20due%20to%20local%20ordinances.). With legislation passed by the General Assembly and signed into law by Governor JB Pritzker, there are several key updates that affect employment rights and regulations across the state. ### Minimum Wage Increase One of the most impactful changes is the increase in the minimum wage. This change, which was initiated by Governor Pritzker in 2019 and is set to continue until 2025, will see the minimum wage rise by $1 each year. This year, the minimum wage will reach $13 per hour, with tipped workers earning $7.80 per hour. This increase is significant for employees, as it directly affects their income and financial stability. It’s worth noting that workers in areas like Chicago and Cook County may see higher minimum wages due to local ordinances, which adds another layer of complexity for both employers and employees to navigate. ### Expanding Employee Rights Expanding employee rights, the [Family Bereavement Leave Act (FBLA)](https://labor.illinois.gov/faqs/flbafaqs.html) has been amended to provide broader job-protected leave. Initially known as the Child Bereavement Leave Act (CBLA), the FBLA now encompasses pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other related events impacting pregnancy or fertility. Additionally, the amendment requires employers to grant leave time following the loss of family members such as parents or siblings. Employees are entitled to take up to two weeks, or (10) ten working days, of unpaid leave for events covered by the FBLA. ### Amendment To One Day Rest In Seven Act Another significant change comes with the amendment to the [One Day Rest in Seven Act](https://labor.illinois.gov/laws-rules/fls/odrisa.html) (ODRISA), which ensures workers’ right to a day of rest every workweek and breaks for meals or rest during daily work shifts. Employers subject to ODRISA must prominently display a notice in the workplace detailing workers’ rights under the Act, which can be found on the Illinois Department of Labor (IDOL) website. ### New Obligations On Employers Under The Employee Sick Leave Act Additionally, the amendment to the [Employee Sick Leave Act](https://labor.illinois.gov/faqs/employee-sick-leave-act-faqs.html) imposes new obligations on employers regarding sick leave benefits. Employers providing sick leave benefits must now allow employees to take leave for a family member’s illness under the same conditions as they would for their own illness. This change aims to provide greater flexibility and support for employees managing family health issues while maintaining job security. These legislative updates underscore the dynamic nature of employment law in Illinois and highlight the importance of staying informed about changes that affect both employers and employees. For employers seeking guidance on compliance with these new laws or employees needing assistance in understanding their rights, consulting with an experienced Illinois employment law attorney can provide valuable insight and ensure adherence to legal requirements. ## Frequently Asked Questions About New Laws Impacting Employers and Employees in Illinois ### What’s new under the Illinois Human Rights Act (IHRA)? The [Illinois Human Rights Act](https://hrc.illinois.gov/rights.html) (IHRA) has been significantly revised to enhance protections for employees. One of the most notable changes is an extended filing deadline: employees now have a generous two years, an increase from the previous 300 days, to submit claims related to discrimination, harassment, or retaliation to the Illinois Department of Human Rights (IDHR). This extension provides workers with a greater opportunity to seek justice. Additionally, the scope of protections has broadened. The IHRA now explicitly prohibits discrimination based on reproductive health decisions, encompassing areas such as contraception, fertility care, and management of miscarriages. Furthermore, the definition of family responsibilities has been expanded to include caregiving and emotional support for a diverse range of relatives. These amendments necessitate that employers revise their anti-discrimination policies and provide comprehensive training for managers to understand and implement the new protected categories effectively. ### What are the new requirements for personnel records? [The Illinois Personnel Record Review Act](https://labor.illinois.gov/laws-rules/conmed/personnel-records-review-act.html) (IPRRA) has been expanded to enhance employees’ access to their personnel records. Under the revised law, current employees and eligible former employees can now request a wider array of documents, including employment contracts, employee handbooks, company policies, and any records that influence benefits, promotions, or disciplinary actions. Requests can conveniently be made electronically, and employers are mandated to respond within a specified timeframe. Furthermore, employers are required to clearly identify any categories of records they do not maintain and safeguard sensitive information, such as trade secrets and financial forecasts. These updates require human resources departments to overhaul their recordkeeping procedures and diligently ensure compliance with new disclosure regulations. ### Is there a new pay transparency law? Indeed,[ Illinois has enacted new pay transparency regulations](https://natlawreview.com/article/new-illinois-workplace-pay-transparency-act-amendments-target-employer-agreements) that require employers to disclose salary ranges and benefits in job postings. This obligation applies to all public job advertisements, whether they are posted internally or externally. The primary aim of this initiative is to combat wage disparities and foster equitable hiring practices across the state. To align with these requirements, employers should conduct thorough audits of their job listings and work closely with recruiting teams to guarantee adherence to the new laws. ### Are there changes affecting the mental health industry? Yes, there are significant developments concerning restrictive covenants, such as non-compete and non-solicitation clauses, within the mental health sector. Recent legislation has imposed new limitations on the enforcement of these clauses for specific licensed professionals, including therapists and counselors. The primary purpose of this law is to safeguard patient access to mental health services and mitigate potential workforce shortages in the industry. Mental health employers are encouraged to reassess their employment agreements and seek legal guidance before implementing or enforcing any restrictive clauses. ### How do these laws affect small businesses? Many of the newly implemented laws affect employers with five or more employees, which includes remote or out-of-state workers. As a result, small businesses must take proactive steps to ensure compliance, including updating employee handbooks and training materials, adhering to personnel record requests, and carefully managing job postings to align with pay transparency requirements. Given that even small teams are subject to these regulations, it is crucial for small business owners to prioritize compliance. ### What should employees know? The recent legislative changes empower employees significantly. Workers now have an extended timeframe to file discrimination claims, greater access to their employment records, and enhanced protection for decisions related to reproductive health and caregiving. Additionally, they benefit from increased transparency surrounding job offers and compensation details. These comprehensive changes equip employees to advocate for fair treatment in the workplace and to challenge any unlawful practices that may arise. ## Contact Our Illinois Employment Law Attorney Illinois’s 2025 employment law updates reflect a broader push for transparency, equity, and accountability in the workplace. Employers must act quickly to revise policies, train staff, and ensure compliance. Employees should stay informed about their rights and seek legal guidance if they suspect violations. If you believe that you’ve been a victim of employment discrimination or workplace harassment in Chicago, it’s very important to act quickly to protect your legal rights. At the Law Offices of Joshua D. McCann, LTD, we have years of employment law experience and we are dedicated to helping you with your employment-related legal matters in Chicago. Contact our [Illinois employment law attorney](https://chicagolegalcounsel.com/employment-law) at the Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:8474501103) for a [15-minute consultation](https://chicagolegalcounsel.com/contact). **Reference** [https://natlawreview.com/article/illinois-employment-law-changes-know-2025 ](https://natlawreview.com/article/illinois-employment-law-changes-know-2025) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Employment Law --- ### [Signs Your Company Has Violated Your Rights Under the Family and Medical Leave Act](https://chicagolegalcounsel.com/signs-your-company-has-violated-your-rights-under-the-family-and-medical-leave-act/) **Published:** April 29, 2025 **Author:** msaawe **Content:** As an employment law attorney, I understand the importance of the [Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla). The FMLA safeguards employees’ rights. The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. However, not all employers adhere to these regulations, and violations can occur. Recognizing the signs of FMLA violations is crucial to ensuring your rights are protected. ## Understanding Your FMLA Rights Before identifying potential violations, it’s essential to understand your rights under the FMLA. Eligible employees are entitled to: - **Job-Protected Leave** – Up to 12 weeks of unpaid leave for qualifying reasons, such as the birth of a child, adoption, personal or family illness, or military exigencies. - **Continuation of Health Benefits** – Maintenance of group health insurance coverage during the leave under the same terms as if you had continued working. - **Restoration to the Same or Equivalent Position** – Upon return from FMLA leave, you should be reinstated to your original job or an equivalent position with equivalent pay, benefits, and other employment terms. ## Common Signs of FMLA Violations 1. **Denial of FMLA Leave –** If you meet the eligibility criteria and your reason for leave qualifies under the FMLA, your employer must grant the leave. A wrongful denial may indicate a violation. Employers are prohibited from interfering with, restraining, or denying the exercise of FMLA rights. 2. **Failure to Maintain Health Benefits –** During FMLA leave, your employer is required to continue your group health insurance coverage under the same conditions as prior to your leave. If your employer cancels your health insurance or requires you to pay the full premium without prior arrangement, this may constitute a violation. 3. **Not Restoring You to Your Position –** Upon returning from FMLA leave, you should be reinstated to your original position or an equivalent one. If your employer places you in a lesser role, reduces your pay, or alters your benefits negatively, this could be a sign of non-compliance. 4. **Discouraging FMLA Leave –** Employers must not discourage or prevent employees from taking FMLA leave. If your employer pressures you to postpone leave, threatens your job security, or implies negative consequences for taking leave, this behavior is prohibited under the FMLA. 5. **Retaliation for Exercising FMLA Rights –** Retaliation can include demotion, reduction in hours, unfavorable assignments, or termination after requesting or taking FMLA leave. Such actions are illegal and violate FMLA protections. 6. **Misclassifying Your Employment Status –** Some employers may incorrectly classify employees as ineligible for FMLA leave by misrepresenting the number of employees or your employment status. 7. **Inadequate Notice of FMLA Rights –** Employers are required to inform employees of their FMLA rights. The law requires that they display the Department of Labor’s FMLA poster prominently in the workplace. Failure to provide this notice can indicate non-compliance. ## Legal Protections Under Illinois Law In addition to federal FMLA protections, Illinois law offers additional safeguards. For instance, the Illinois Employee Sick Leave Act requires employers to allow employees to use personal sick leave benefits for absences due to illness, injury, or medical appointments of family members. ## Steps to Take if You Suspect an FMLA Violation 1. **Document Everything –** Keep detailed records of all communications with your employer regarding your leave request, including dates, times, and the nature of discussions. 2. **File a Complaint –** You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division if you believe your FMLA rights have been violated. 3. **Seek Legal Counsel –** Consulting with an employment law attorney can help you understand your rights and explore legal remedies. 4. **Review Employer Policies –** Consult your employee handbook or company policies to understand the procedures for requesting leave and any related provisions. ## FMLA Frequently Asked Questions ### What Qualifies as a Serious Health Condition Under the FMLA? A serious health condition includes illnesses, injuries, impairments, or physical or mental conditions that require inpatient care or continuing treatment by a healthcare provider. This encompasses chronic conditions requiring periodic treatment, long-term conditions, and conditions requiring multiple treatments. ### Can My Employer Deny FMLA Leave If I Don’t Provide Advance Notice? While employees are expected to provide 30 days’ advance notice when the need for leave is foreseeable, the FMLA recognizes that emergencies occur. In such cases, notice should be given as soon as practicable. Employers cannot deny leave solely because advance notice isn’t possible. ### Are Part-Time Employees Eligible for FMLA Leave? Eligibility depends on meeting specific criteria – working for a covered employer, having worked at least 1,250 hours over the past 12 months, and being employed for at least 12 months. Part-time employees who meet these criteria are eligible. ### What Should I Do If My Employer Retaliates After I Take FMLA Leave? Retaliation is illegal. Document any adverse actions and seek legal advice promptly to address the situation and protect your rights. ### Does Illinois Provide Additional Family and Medical Leave Protections? Yes, Illinois has enacted laws such as the Employee Sick Leave Act, allowing employees to use personal sick leave benefits for family members’ illnesses. Additionally, starting January 1, 2024, the Paid Leave for All Workers Act requires employers to provide up to 40 hours of paid leave annually for any reason. ### Can My Employer Require Me to Use Paid Leave Concurrently with FMLA Leave? Yes, employers can require employees to use accrued paid leave (such as vacation or sick leave) concurrently with FMLA leave. However, this must be communicated clearly, and the employer’s policies must align with FMLA regulations. ## Contact The Law Offices of Joshua D. McCann, LTD For Exceptional Representation If you believe your FMLA rights were violated, it’s important that you take action quickly to protect yourself. At the Law Offices of Joshua D. McCann, LTD, we are dedicated to advocating for employees’ rights and ensuring compliance with employment laws. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago FMLA lawyer](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act/) at the Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:18474501103). Our office is located in Lisle, Illinois, and we proudly represent clients throughout the Chicago area. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** FMLA --- ### [Can You Be Fired For Reporting Illegal Activity At Work In Illinois?](https://chicagolegalcounsel.com/can-you-be-fired-for-reporting-illegal-activity-at-work-in-illinois/) **Published:** July 29, 2025 **Author:** msaawe **Content:** At the Law Offices of Joshua D. McCann, LTD, we often hear from workers who are dealing with one of the most difficult questions a person can face on the job: What happens if I speak up about something illegal happening at work? Retaliation in the workplace is real, and employees who act with integrity shouldn’t be punished for doing the right thing. Unfortunately, retaliation often takes the form of termination, demotion, isolation, or even blacklisting. If you’ve reported unlawful conduct on the job and your employer fired you, you may have legal protection under both Illinois and federal law. Illinois law protects workers from what is known as “[retaliatory discharge](https://www.eeoc.gov/retaliation).” That means an employer cannot fire an employee for reporting illegal activity that violates public policy, including criminal acts, safety violations, discrimination, harassment, wage theft, or fraud against the government. Federal whistleblower laws also offer strong protections in specific areas, such as fraud, environmental violations, or misconduct involving federal contracts. If you believe your employer has taken action against you for speaking up, we are here to help you understand your rights and take action to protect them. ## Understanding Retaliatory Discharge Under Illinois Law Illinois is an at-will employment state, which means employers generally have the right to terminate workers for any reason or no reason at all. However, that right is not absolute. When a firing violates clearly established public policy, Illinois law recognizes an exception known as *retaliatory discharge*. This doctrine protects workers who are terminated for reporting or refusing to participate in illegal conduct. Under Illinois case law, particularly the decision in [*Palmateer v. International Harvester Co., 85 Ill.2d 124 (1981)*](https://law.justia.com/cases/illinois/supreme-court/1981/53780-6.html), the Illinois Supreme Court held that it is against public policy to fire an employee for reporting suspected criminal conduct to law enforcement. Since then, courts have expanded protections to include employees who report workplace safety violations, file workers’ compensation claims, or blow the whistle on internal wrongdoing. ## Federal Whistleblower Protections Federal law provides additional protections for employees in specific industries or situations. For example: - The Sarbanes-Oxley Act (SOX) protects employees of publicly traded companies who report securities fraud. - The False Claims Act (31 U.S.C. §§ 3729–3733) includes a whistleblower provision allowing individuals to report fraud against the government and protects them from retaliation. - OSHA Whistleblower Protection protects workers who report workplace safety violations under the Occupational Safety and Health Act. - Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-3) prohibits retaliation for reporting discrimination or harassment based on race, color, religion, sex, or national origin. If your case falls under a federal whistleblower statute, there may be specific deadlines and procedures that must be followed, such as filing a complaint with the Occupational Safety and Health Administration (OSHA) or the Equal Employment Opportunity Commission (EEOC). ## What Constitutes Illegal Retaliation Not all adverse actions are considered illegal retaliation. To prove a case of retaliatory discharge or retaliation under federal law, three elements typically must be shown: 1. You engaged in a protected activity (such as reporting illegal activity or refusing to participate in it). 2. Your employer took an adverse employment action (such as firing, demotion, suspension, or reduction in hours). 3. There is a causal connection between your protected activity and the adverse employment action. The key is showing that the reason you were fired was directly related to your decision to speak up. That’s why it’s so important to document everything, from your initial complaint to the way your employer responded. Timing can also be a major factor. If you reported illegal conduct and were fired shortly afterward, it strengthens the argument that the termination was retaliatory. ## Common Types Of Illegal Activity That Trigger Protection We see retaliation cases arise from a wide range of workplace misconduct. Some of the most common include: - Reporting fraud or theft - Reporting workplace discrimination or harassment - Filing a complaint about unsafe working conditions - Reporting violations of state or federal wage laws - Refusing to falsify records - Reporting violations of environmental laws or public health regulations - Participating in a government investigation or internal compliance review Whether you report internally to your supervisor, to human resources, or externally to a government agency, your actions may still be protected. ## How We Investigate And Prove Retaliation Claims Retaliation cases require a close review of documents, emails, performance evaluations, witness testimony, and timing. At our firm, we build strong cases by piecing together a timeline of events and identifying inconsistencies in the employer’s stated reason for termination. For example, if you received positive performance reviews until you reported misconduct, then were suddenly disciplined or terminated, that can be powerful evidence of pretext. We also seek out any written policies, memos, or complaints that may support your claim. When necessary, we use subpoenas or request records through litigation to uncover the employer’s real motive. ## What Compensation Can Be Recovered If you’ve been the victim of retaliatory discharge, you may be entitled to compensation for the losses you’ve suffered. This may include: - Back pay (lost wages from the date of discharge) - Front pay (lost future earnings) - Emotional distress damages - Reinstatement (in some cases) - Attorney’s fees and court costs - Punitive damages (in certain federal cases) The type of damages available depends on whether your claim falls under Illinois law or a specific federal statute. ## Deadlines And Filing Requirements Every retaliation case is subject to strict deadlines. In Illinois, a wrongful termination lawsuit based on retaliatory discharge typically must be filed within five years. However, whistleblower claims under federal law often have much shorter deadlines. For example, an OSHA whistleblower complaint must usually be filed within 30 days of the retaliatory action. Title VII retaliation claims must first be filed with the EEOC within 300 days. Missing a deadline can prevent you from recovering any compensation, so we urge you not to wait if you suspect you’ve been wrongfully terminated. # FAQs About Retaliation And Whistleblower Rights In Illinois ### Can I Be Fired For Reporting My Boss To The Police Or A Government Agency? No. If you report criminal conduct or violations of law in good faith, you are generally protected from retaliation. Illinois law and federal whistleblower statutes prohibit employers from terminating employees for reporting illegal activity, whether you report internally or externally. If you are fired after reporting misconduct, you may have a valid legal claim. ### Does It Matter Whether The Illegal Conduct Was Proven Or Investigated? No. What matters is that you had a reasonable belief that the conduct was illegal and reported it in good faith. You do not need to prove that the illegal activity actually occurred to be protected under the law. Courts focus on your intention and whether retaliation followed your report. ### Am I Protected If I Only Reported The Misconduct To Human Resources? Yes. Internal complaints can still qualify as protected activity. Reporting concerns to HR, a supervisor, or through a compliance hotline is often enough to trigger protection under state and federal law. Keep records of your complaint and any follow-up communication. ### Can I Be Retaliated Against In Ways Other Than Being Fired? Yes. Retaliation includes any adverse employment action, not just termination. This can include demotion, suspension, reassignment to less favorable duties, reduction in hours, denial of promotion, or exclusion from meetings and communications. If your job changed significantly after you reported misconduct, that may qualify. ### What If My Employer Claims I Was Fired For Performance Issues? Employers often give pretextual reasons for termination. We look at your performance history, the timing of the termination, and whether other employees were treated differently to determine if the stated reason is false. If your performance was consistent but was suddenly questioned after you reported misconduct, that may support your claim. ### How Do I Prove The Retaliation Happened Because Of My Report? We build the timeline of events and collect evidence such as emails, witness statements, and employment records to show the connection. Proximity in time between your complaint and the adverse action, as well as any inconsistent explanations from your employer, can be strong indicators of retaliation. ### Can I Sue My Employer For Emotional Distress? Yes. In many retaliation cases, courts allow recovery for emotional harm caused by the discharge, such as anxiety, depression, or damage to reputation. The availability of damages for emotional distress depends on the nature of your claim and the statute under which it is filed. ### Do I Need To Hire A Lawyer For A Retaliation Case? Yes. Retaliation cases are legally complex and often require detailed legal analysis, evidence gathering, and court filings. Employers typically have legal counsel defending them. To protect your rights and have the best chance of success, it’s important to work with experienced attorneys who know how to handle these claims. ## Call The Law Offices of Joshua D. McCann, LTD If You’ve Been Fired For Reporting Illegal Activity At the Law Offices of Joshua D. McCann, LTD, we fight for workers who had the courage to speak up, and were punished for it. If you’ve been fired or suffered retaliation after reporting illegal activity at work, you don’t have to deal with it alone. We understand the laws that protect whistleblowers, and we are ready to hold employers accountable for breaking those laws. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We represent clients throughout Chicago and across Illinois from our office in Lisle. Let us help you defend your rights and fight back against workplace retaliation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Whistleblower Rights --- ### [Protect Yourself Against Wrongful Termination in Illinois](https://chicagolegalcounsel.com/protect-yourself-against-wrongful-termination-in-illinois/) **Published:** October 1, 2020 **Author:** msaawe **Content:** Since Illinois is an ‘[at will](https://www.mightyrecruiter.com/recruiter-guide/at-will-employment-wrongful-termination-laws-illinois/)‘ state, your employer can fire you without notice and you can leave employment without notice as well. So how can employment be wrongfully terminated in this case? Simple – if the employer violates certain exceptions to this rule, which besides discrimination, also includes retaliation for certain actions you took to protect yourself in the workplace, violation of a work contract and termination. You can file a wrongful termination claim in Illinois if you were fired due to your age, race, color, religion, sex, marital status, sexual orientation, gender or disability. If your employer has dismissed you because of these discriminatory reasons, they must compensate you for damages through funds, by giving you your job back or other types of relief. ## **Wage and Hour Issues** The most common reasons employers give for firing an employee involves hours worked, but if their reasoning does not comply with state law, they can be held accountable. In Illinois, you are entitled to at least $8.25 per hour and this includes overtime pay if you work more than 40 hours a week. Plus, you are also entitled 20 minutes for a meal break each day five (5) hours after your shift starts. As per federal law, breaks shorter than this must be paid. Employers who try and violate these hours by forcing employees to work without pay can be held liable. ## **‘Bad Faith’ Claims** Additionally, employers also cannot fire employees in ‘bad faith.’ According to the [National Conference of State Legislatures](https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx), this includes terminating an old employee so the employer does not have to pay them retirement benefits or firing a sales representative right before they were about to receive commission for a completed sale. Your employer also cannot fire you if you must jury duty or if you have to file a worker’s compensation claim. ## Frequently Asked Questions About Wrongful Termination In Illinois ### What is “at-will” employment? In Illinois, most employment relationships are “at-will,” meaning either the employer or employee can end the relationship at any time, with or without cause. However, this rule does not allow employers to fire someone for illegal reasons—such as discrimination, retaliation, or breach of contract. ### What qualifies as wrongful termination? Wrongful termination occurs when an employee is fired for reasons that violate: - Federal or state anti-discrimination laws - Public policy (e.g., reporting illegal activity - Employment contracts or union agreements - Protected activities (e.g., filing a workers’ compensation claim Examples include firing someone for their race, gender, religion, disability, age, or for whistleblowing or refusing to commit a crime. ### What is retaliatory discharge? Retaliatory discharge is a specific type of wrongful termination recognized under Illinois common law. It occurs when an employee is fired for: - Filing a workers’ compensation claim - Reporting illegal conduct to authorities - Refusing to engage in unlawful behavior Illinois courts allow employees to sue for damages if they were discharged in retaliation for exercising a legal right or fulfilling a legal duty. ### Can I be fired for reporting harassment or discrimination? No. Reporting workplace harassment, discrimination, or safety violations is protected under both state and federal law. Terminating an employee for making such reports may constitute retaliatory discharge or unlawful retaliation under the Illinois Human Rights Act or Title VII of the Civil Rights Act. ### What if I was fired after filing a workers’ compensation claim? Illinois law prohibits employers from retaliating against employees who file or intend to file a workers’ compensation claim. If you were terminated shortly after reporting a workplace injury or requesting benefits, you may have grounds for a retaliatory discharge lawsuit. ### Can I be fired for refusing to break the law? No. If your employer asks you to engage in illegal activity—such as falsifying records, violating safety regulations, or committing fraud—and you refuse, they cannot legally terminate you for that refusal. Doing so may violate public policy and support a wrongful termination claim. ### What if I was fired for taking medical or family leave? Employees who qualify for leave under the Family and Medical Leave Act (FMLA) are protected from termination for exercising that right. If you were fired while on approved leave or shortly after returning, you may have a claim for FMLA retaliation or interference. ### How do I prove wrongful termination? To build a case, you’ll need to show: 1. You engaged in a protected activity or belonged to a protected class 2. You were terminated 3. There’s a causal connection between the activity or status and the termination Evidence may include: - Timing of events - Employer communications - Performance reviews - Witness testimony - Comparisons to how other employees were treated ### What damages can I recover? If successful, a wrongful termination claim may result in: - Back pay and lost benefits - Front pay (future lost wages) - Punitive damages (in egregious cases) - Reinstatement (rare) - Attorney’s fees and court costs The goal is to make the employee whole and deter unlawful conduct. ### What is the statute of limitations? Deadlines vary depending on the type of claim: - Discrimination or retaliation under the Illinois Human Rights Act: 2 years (as of 2025) - Federal discrimination claims (EEOC): 180–300 days - Retaliatory discharge under Illinois common law: 5 years - Breach of written contract: 10 years - Breach of oral contract: 5 years Acting promptly is essential to preserve your rights. ### Do I need to file a complaint with a government agency first? Yes, for certain claims. For example: - Discrimination or harassment claims must be filed with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) before going to court. - FMLA or wage-related claims may require filing with the U.S. Department of Labor. Retaliatory discharge claims under Illinois common law can be filed directly in civil court. ### What if I signed an employment contract? If you have a written employment contract that limits termination to “just cause,” your employer must follow those terms. Firing you without cause may constitute breach of contract. Union employees may also have protections under collective bargaining agreements. ### Can I be fired for political beliefs or social media posts? Illinois does not offer broad protection for political speech in private employment. However, if your speech relates to whistleblowing, labor organizing, or reporting misconduct, it may be protected. Employers can generally discipline employees for public statements that violate company policy or damage reputation. ### What should I do if I suspect wrongful termination? Steps to take: - Document everything (emails, performance reviews, termination notice) - Request your personnel file under the Illinois Personnel Record Review Act - File a complaint with the appropriate agency (EEOC, IDHR, DOL) - Consult an employment attorney to evaluate your case Legal advice is crucial to determine the best course of action. ## Contact Our Chicago Wrongful Termination Attorneys If your employee is threatening to fire you or has terminated your employment in violation of Illinois employment laws, you have every right to get aggressive legal representation. The dedicated [Chicago wrongful termination attorneys](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) take their time investigating each guilty employer in Schaumburg, Illinois to ensure victims receive the compensation they deserve. This includes explaining the claims process to clients in intimate detail to ensure they have an airtight case and outlining legal options that can maximize the success of their case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Wrongful Termination --- ### [The New Illinois Workers' Rights Amendment](https://chicagolegalcounsel.com/the-new-illinois-workers-rights-amendment/) **Published:** October 24, 2024 **Author:** msaawe **Content:** On election day in November 2022, Illinois voters approved a state constitutional amendment called the Illinois Workers’ Rights Amendment (IWRA) that guarantees all employees organizing and collective bargaining rights. The new amendment is complex, and many people wonder about its impact. If you have questions about the IWRA or related workers’ rights, our [Illinois workers’ rights attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination) at Law Offices of Joshua D. McCann, LTD can answer them. ## What Is The IWRA? The [Illinois Workers’ Rights Amendment](https://www.ilga.gov/legislation/BillStatus.asp?DocNum=11&GAID=16&DocTypeID=SJRCA&SessionID=110&GA=102) inserts language into the state constitution that affirms all workers’ rights to ‘organize and to bargain collectively through representatives of their own choosing to negotiate wages, hours, and working conditions, and to protect their economic welfare and safety at work.’ The amendment also states that local governments cannot pass laws interfering with or diminishing workers’ rights to bargain collectively and organize. This legislation is referred to as a blocking regulation, which means it shields workers from other laws that could be passed. The [Economic Policy Institute](https://www.epi.org/blog/illinois-workers-rights-amendment-sets-new-bar-for-state-worker-power-policy-other-state-legislatures-should-seize-the-moment-to-advance-worker-racial-and-gender-justice-in-2023/#:~:text=Illinois'%20broadly%20worded%20new%20Workers,legislation%20that%20limits%20bargaining%20rights.) states that the new amendment creates rules in Illinois that fight against attacks on workers’ rights to organize. These threats include attempts to erode public-sector employees’ collective bargaining rights. Another is the attempt to reduce private employees’ collective bargaining rights with right-to-work laws. ### The IWRA May Overlap Somewhat With The National Labor Relations Act (NLRA) The NLRA and other federal laws also safeguard the bargaining rights of most private-sector employees. However, states still have a crucial role in developing worker power. This is because there are carveouts in the NLRA that leave millions of employees without the right to organize and collectively bargain. In addition, while the NLRA covers many workers, Congress has still let states limit collective bargaining rights with right-to-work laws. For instance, the NLRA does not include domestic, public sector, and agriculture workers in its coverage. It also does not mention independent contractors and supervisors, so the states must establish policy on collective bargaining rights for these uncovered workers. Labor experts say the IWRA in Illinois is crucial because it confirms the collective bargaining rights of all workers no matter where and how they work in the state. Also, it limits right-to-work laws that restrict collective bargaining rights. ### Union Security Is Protected The new amendment appears to [prevent Illinois](https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/illinois-collective-bargaining-unions.aspx) from ever becoming a right-to-work state, which prevents people from being required to be in a union. There are 28 right-to-work states now, including states near Illinois, such as Iowa, Indiana, and Michigan. Interestingly, the NLRA allows the states to ban compulsory union membership as a requirement of employment, but the Illinois amendment does the opposite by banning laws that do not allow agreements between unions and employers that require union membership as part of employment. ## Frequently Asked Questions About Illinois Workers’ Rights Amendment ### What is the Illinois Workers’ Rights Amendment? The Illinois Workers’ Rights Amendment is a constitutional amendment that guarantees workers the fundamental right to organize and bargain collectively. It aims to protect workers’ rights to negotiate wages, hours, and working conditions, ensuring safer workplaces and better economic welfare for employees. ### Who Does the Amendment Benefit? The amendment benefits all workers in Illinois, both in the public and private sectors. It provides constitutional protections for workers’ rights, ensuring that they can join together with their coworkers to negotiate for better pay, benefits, and workplace safety. ### How Does the Amendment Protect Workers? The amendment prevents politicians from passing anti-worker laws that could lower wages or make workplaces less safe. It also bans “right-to-work” laws, which limit union resources and reduce worker earnings. By guaranteeing the right to organize and bargain collectively, the amendment helps protect workers’ economic welfare and safety at work. ### Does the Amendment Affect Taxes or Property Taxes? No, the amendment does not involve any tax increases or changes to property taxes. Its focus is solely on protecting workers’ rights to organize and bargain collectively. ### How Was the Amendment Passed? The amendment was passed through a statewide vote in November 2022. It received majority support from Illinois voters, with 53.4% voting in favor and 37.6% voting against. The amendment garnered significant support from Democratic-leaning constituencies and areas with high union membership. ### What Changes Will the Amendment Bring? The amendment will update the Illinois Constitution to explicitly guarantee workers’ rights to organize and bargain collectively. It will also prevent any future laws that could interfere with these rights, ensuring that workers can continue to negotiate for better wages, benefits, and working conditions. ### How Can Workers Take Advantage of the Amendment? Workers can take advantage of the amendment by joining or forming unions, participating in collective bargaining, and advocating for better workplace conditions. The amendment provides a strong legal foundation for workers to protect their rights and improve their working conditions. ### Contact Our Illinois Workers’ Rights Attorney Today The IWRA only passed a couple of years ago, and many aspects of the law still need to be clarified. However, both Illinois workers and employers should be aware of the amendment’s potential to enhance union rights. If you have questions about the IWRA, [speak to our Illinois workers’ rights attorney](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD. (Updated 10/24/2024) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Legal Recourse for Illinois Employees Facing Pressure to Retire](https://chicagolegalcounsel.com/legal-recourse-for-illinois-employees-facing-pressure-to-retire/) **Published:** October 7, 2024 **Author:** msaawe **Content:** If you are an employee in Illinois and your employer is pressuring you to retire because of your age, then you have legal protections under both federal and Illinois law. You cannot be forced out because of your age; there are laws protecting your rights to fair treatment in the workplace. One critical law that protects employees from discrimination based on age is the Illinois Human Rights Act, [775 ILCS 5](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapterID=64). This protection gives people with the category of 40 years and above the right not to be forced to retire or compelled into early retirement. All this new law encompasses, from less-than-subtle comments to blatant actions like demotions or changes in working conditions, to make working conditions unfavorable to where it is difficult for the older employee to continue working in their respective positions. If your employer seems to be nudging you toward retirement-subtly or not-you don’t have to take it as a “fait accompli.” Illinois law prohibits actions that create a hostile work environment or force employees to retire before they are ready. It would be a good idea to keep documentation of times that you feel age is being used as an excuse to remove you from your position. This may be the evidence you will need if you pursue a claim. In addition to state protections, federal law protects against other areas. The ADEA protects employees 40 years and above from age-based discrimination. While the ADEA only applies to employers with 20 or more employees, the Illinois Human Rights Act applies to employers with one or more employees. Because of that, more employees are covered under state law in Illinois than under federal law. ## Pressured To Retire? Here’s What You Can Do: **Document Everything** Keep a detailed record of all conversations and/or actions that seem to indicate that you are being targeted because of your age. Note who said what, when it occurred, and how it made you feel. **Consult Our Law Firm** It is really important that you know your rights under Illinois and federal law. An experienced employment attorney can be in the best position to help you decide whether your employer has engaged in unlawful age discrimination. **Filing a Claim** In case one realizes that the employer is indeed in breach of the Illinois Human Rights Act or ADEA, he or she may decide to file a claim with the IDHR or EEOC. These agencies may investigate the matter and possibly take action on one’s behalf. Illinois law provides an avenue for the recovery of damages by proving that your employer discriminated against you due to age. Damages may include lost wages and benefits and may even include compensation for emotional distress. In some instances, it may be possible to reinstate your previous employment or grant an award of back pay. Employers may sometimes claim that their motivation was based upon legitimate business needs and not age; however, this would have to be extremely well justified. Illinois law places the burden on the employer to demonstrate that any employment decisions were for reasons unrelated to your age. ## Age Discrimination Frequently Asked Questions ### What Should I Do If My Employer Is Hinting That I Should Retire? If your employer is making comments or even suggestions that you ought to retire, document those immediately. Write down who said what, when, and in what context in as much detail as possible. This will be evidence in case you decide to pursue legal action. ### Is It Illegal For My Employer To Ask Me About Retirement Plans? It can be, yes. An employer can certainly speak to succession planning or your future with the company, but asking a series of questions regarding when you will retire constitutes a form of age harassment or age discrimination if it’s couched in terms that imply you should retire. ### What Damages Can I Recover If I Prove Age Discrimination? Depending on your situation, the recovery, if you are successful in proving age discrimination, may include lost wages, back pay, and benefits, as well as damages for emotional distress. There is also the possibility of punitive damages against an employer if a court finds that its actions were especially reprehensible. ### How Long Do I Have To Bring An Age Discrimination Claim In Illinois? You generally have [180 days to file with the IDHR](https://www.eeoc.gov/time-limits-filing-charge#:~:text=In%20general%2C%20you%20need%20to,discrimination%20on%20the%20same%20basis.). However, if you wish to pursue a federal claim under the ADEA, then you can take up to [300 days to file with the EEOC](https://www.eeoc.gov/youth/filing-complaint#:~:text=In%20some%20cases%2C%20you%20only,employer%20is%20discriminating%20against%20you.). ### Can I Be Forced To Retire If I Am In A Senior Executive Position? While there are specific exemptions for high-level executives or policymaking employees, most employees, including highly skilled professionals, are covered under both the Illinois Human Rights Act and ADEA against policies of mandatory retirement. If you believe your position might be exempt from protection by these laws, you will need to speak with an attorney about specifics regarding your position. ## Contact Our Schaumburg Age Discrimination Attorney For A Free Consultation If you feel that your employer is trying to force you to retire because of your age, know that this is something with which you do not have to simply sit still. The Law Offices of Joshua D. McCann, LTD are here to support your rights and educate you on your legal options. Don’t let age discrimination push you into early retirement. Contact our [Schaumburg age discrimination attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) at The Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:8474501103) to [receive a free consultation](https://chicagolegalcounsel.com/contact/). We serve clients in Schaumburg and Chicago as well as DuPage County, Kane County, and Will County. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Age Discrimination Attorney, blog --- ### [How The Illinois Equal Pay Act Cares About Women](https://chicagolegalcounsel.com/how-the-illinois-equal-pay-act-cares-about-women/) **Published:** October 1, 2024 **Author:** msaawe **Content:** As a lawyer who regularly takes on equal pay cases, I am asked to explain how the [Illinois Equal Pay Act of 2003](https://labor.illinois.gov/faqs/equal-pay-faq.html#:~:text=The%20Equal%20Pay%20Act%20prohibits,quality%20of%20production%2C%20or%20factors), or IEPA, protects women in the workplace. At its core, the law is fair in that it provides women receive the same wages for performing substantially similar work as their male counterparts. In my experience, this law empowers women to stand up for themselves when they feel that they are receiving less pay because of their gender. ## Wage Discrimination Based On Sex The IEPA was designed to serve one major purpose: putting an end to wage discrimination based on sex. Under the Illinois Equal Pay Act, [820 ILCS 112/1](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2501&ChapterID=68), it is unlawful for any employer to pay women less than men for performing substantially the same work, which requires equal skill, effort, and responsibility under similar working conditions. Obviously, this does not mean that the title of the job has to be the same but rather the actual work performed. So, if you do substantially the same work as a male colleague and are paid less, then this law protects you. But how does such protection apply in real life? The IEPA prohibits wage differentials except when an employer can establish that the pay disparity is based on valid factors such as a seniority system, a merit system, or a system that measures earnings by the quantity or quality of production. Employers may also defend a wage differential if it is based on education, experience, or training-related factors—provided such factors are job-related and not gender-based. Another important amendment to the act occurred in 2019. To this effect, among others, the IEPA prohibits employers from asking about your salary history. The provision under [820 ILCS 112/10(b)](https://ilga.gov/legislation/ilcs/documents/082001120K10.htm) shields women who might have been subjected to lower salaries at their previous job than their worth from being penalized on their subsequent job. This means that no employer will base your salary on previous pay to remunerate you less than any other person in a similar capacity. I have, through my practice, been in a position to witness how the law gets women up to stand against any unfair treatment. These women in Schaumburg or its outskirts, like DuPage, Kane, and Will Counties, come with complaints of receiving salaries less than their male counterparts. I tell them about the law that stands behind them. The IEPA provides a woman with the right to file grievances with the IDOL, which would, on its part, take this matter for investigation. Or, the women may sue their employer directly. You may be able to recover the pay you were unfairly denied, plus additional damages and attorney’s fees. It is also interesting to note that [retaliation under IEPA is forbidden](https://epa.illinois.gov/topics/environmental-justice/grievance-procedure.html#:~:text=Illinois%20EPA%20explicitly%20prohibits%20retaliation,participated%20in%20any%20way%20in). If you raise equal pay concerns or file a complaint, your employer may not retaliate against you by firing you, demoting you, or cutting your hours. The law protects one in which justice can be sought without punishment by employers for the loss of jobs. If you believe you are being paid less than a male counterpart to perform the same work or are unsure, you don’t have to handle this on your own. The IEPA is one of the most powerful tools available for enforcing equal pay, and I’m committed to helping women enforce their rights under the statute. ## Frequently Asked Questions About the Illinois Equal Pay Act ### What Is “Substantially Similar Work” Under The Illinois Equal Pay Act? Under the IEPA, “substantially similar work” is defined as work that requires similar skill, effort, and responsibility and is performed under similar working conditions. The jobs do not have to be identical in title or every minor detail, but what does matter is the core responsibilities and functions of the position. If you are doing similar work to a male colleague, even though your job titles may be different, you may have a claim for unequal pay if you are not getting the same wages. ### Can My Employer Justify Paying Me Less Than A Male Colleague? An employer can justify a wage differential if and only if the difference is based on any factor other than sex. These factors include a seniority system, a merit system, or a system that measures earnings by quantity or quality of work. They may also use factors like education, experience, or training, but only if those factors are directly related to the job and applied evenly across all employees. ### What Do I Do If I Think I Am Being Paid Less Than A Male Colleague? If you believe that you are being paid less than a male colleague for substantially similar work, begin by collecting information. Review your job description, duties, and pay. You may wish to discuss your concerns with human resources or management, but if you are uncomfortable or not sure of your situation, you should consider consulting an attorney. The Illinois Equal Pay Act provides you the right to file a complaint with the Illinois Department of Labor or to bring a lawsuit when necessary. ### Can My Employer Ask Me About My Salary History? No, it is a violation under the Illinois Equal Pay Act for any employer to ask about your salary history. It became law so that pay discrimination does not follow a woman throughout her career lifetime. Your last salary cannot be used now as an excuse to pay you less, which helps narrow the wage gap for females from one job to the other. ### What If I File A Complaint Under The Illinois Equal Pay Act? You can file a complaint with the [Illinois Department of Labor](https://labor.illinois.gov/), and they will investigate your claim. If the IDOL finds any evidence of unequal pay, then they might order your employer to bring your pay up to equal your coworkers and provide you with all wages lost as a result of the pay inequality. You may also be entitled to other damages and attorney’s fees as well. You can also avoid using the IDOL process and just directly file a lawsuit in the courts if that is what you prefer. ## Call Our Illinois Equal Pay Act Lawyer For Your Free Consultation If you feel that you are receiving lower pay than a male coworker for substantially similar work, it is essential to understand your rights under the Illinois Equal Pay Act. As a Schaumburg Equal Pay Act attorney, I am here to help you with these complex issues and ensure you receive the compensation to which you are entitled. You do not have to accept unequal pay. Contact my office today to discuss your situation and options for moving forward. Are you a victim of wage discrimination, or do you think your wages are being affected by your gender? The Law Offices of Joshua D. McCann, LTD is here to help. Proudly serving our clients in Schaumburg and Chicago, serving DuPage, Kane, and Will Counties. Contact our [Illinois Equal Pay Act lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:8474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). Stop waiting and take that first step to get paid the way you deserve today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Wage Discrimination --- ### [What Are The Exceptions To At-Will Employment In Illinois?](https://chicagolegalcounsel.com/what-are-the-exceptions-to-at-will-employment-in-illinois/) **Published:** June 3, 2025 **Author:** msaawe **Content:** At-will employment is the default employment arrangement in Illinois and many other states in the United States. This means that an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as the termination does not violate any laws. Similarly, employees can leave their jobs without warning or cause. However, there are significant exceptions that protect employees from unjust termination. We will now discuss the various exceptions to at-will employment under both federal and Illinois state law, highlighting the legal protections that exist for employees and what actions they can take if they feel they have been wrongfully discharged. ## Exceptions Under Illinois Law While Illinois is an [at-will employment state](https://labor.illinois.gov/faqs.html), several important exceptions limit an employer’s ability to terminate employees without cause. These exceptions are often rooted in federal or state laws designed to protect employees’ rights. ### 1. Public Policy Exception The public policy exception is one of the most common exceptions to at-will employment. This exception prevents employers from terminating an employee for reasons that violate public policy. For example, an employee cannot be fired for reporting illegal activity, such as discrimination, safety violations, or environmental hazards at the workplace. This exception also applies to employees who take time off for jury duty, serve in the military, or report workplace misconduct to regulatory agencies. Under Illinois law, the public policy exception is rooted in the state’s common law. The Illinois Supreme Court has recognized that firing an employee for refusing to perform an illegal act, for engaging in protected activities, or for exercising a statutory right violates public policy and is grounds for a wrongful termination lawsuit. ### 2. Implied Contract Exception In some situations, an implied contract between the employer and employee can override the at-will employment doctrine. While an explicit contract may not exist, certain circumstances create an implied understanding that the employee will not be terminated except for good cause. For example, statements made in an employee handbook or assurances given by a supervisor during the hiring process may create an implied contract of employment. If an employer violates this implied contract by firing the employee without just cause, the employee may have grounds to sue for wrongful termination. Illinois courts have found that specific language in an employee handbook or oral representations made by an employer can form the basis for an implied contract, even if no written contract exists. In some cases, the courts have ruled that employees are entitled to a hearing or an explanation before being terminated. ### 3. Statutory Exceptions Both federal and state laws provide statutory exceptions to at-will employment. These laws prohibit employers from firing employees for engaging in certain protected activities, such as: - **Discrimination** – Under federal laws, such as Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act, employers cannot fire employees based on race, color, national origin, sex, disability, or religion. - **Retaliation** – Both Illinois and federal law protect employees from retaliation. For example, under Title VII, employees are protected from retaliation if they file a discrimination claim, participate in an investigation, or oppose discriminatory practices. - **Family and Medical Leave** – The Family and Medical Leave Act (FMLA) provides protections for employees who take leave for family or medical reasons. Under FMLA, an employer cannot terminate an employee for taking qualifying leave. - **Whistleblower Protections** – Federal and state laws also provide protections for employees who report certain types of illegal conduct. For example, under the Illinois Whistleblower Act, an employer cannot fire an employee for reporting violations of the law, such as unsafe working conditions or fraudulent activities. ### 4. Wage and Hour Violations Employees who file complaints related to wage and hour violations, such as unpaid overtime or minimum wage claims, are also protected from termination under both federal and state law. Under the [Fair Labor Standards Act (FLSA)](https://www.dol.gov/agencies/whd/flsa), employers are prohibited from retaliating against employees for asserting their rights under wage and hour laws. Similarly, Illinois law provides additional protections for workers who file complaints regarding pay violations. ## Exceptions Under Federal Law While Illinois law provides several exceptions to at-will employment, federal law also offers protections for workers across the United States. Some of the most notable federal exceptions include: ### 1. Title VII of the Civil Rights Act of 1964 This federal law prohibits discrimination on the basis of race, color, national origin, sex, and religion. Employees who are terminated based on these protected characteristics may file a lawsuit against their employer for unlawful termination. ### 2. Americans with Disabilities Act (ADA) The ADA protects employees with disabilities from discrimination in the workplace. Under the ADA, employers are prohibited from firing employees due to their disability unless the employer can prove that the employee cannot perform the essential functions of the job, even with reasonable accommodations. ### 3. Age Discrimination in Employment Act (ADEA) The ADEA protects employees who are 40 years of age or older from discrimination based on their age. If an employer terminates an employee because of their age, the employee may have a valid claim under this federal law. ### 4. Occupational Safety and Health Act (OSHA) OSHA provides protections for employees who report workplace hazards or unsafe working conditions. Employees who are fired for reporting safety violations may have a retaliation claim under federal law. ## What To Do If You Believe You Were Wrongfully Terminated If you believe you have been wrongfully terminated in violation of any of these exceptions, it is important to act quickly. Here are the steps you can take: 1. **Consult with an Employment Attorney** – An experienced employment attorney can evaluate your situation and determine whether your termination violates any laws or exceptions to at-will employment. 2. **File a Complaint** – If you believe you were discriminated against or retaliated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). 3. **Gather Evidence** – Collect any relevant documents, emails, or witness statements that support your claim of wrongful termination. 4. **File a Lawsuit** – If necessary, your attorney may assist you in filing a lawsuit against your employer for wrongful termination. ## Illinois Employment Frequently Asked Questions ### What Is At-Will Employment In Illinois? At-will employment means that an employer can terminate an employee for any reason or no reason at all, without prior notice or cause. Similarly, employees are free to leave their job without notice. However, there are exceptions to this rule that protect employees from unfair or illegal termination. ### Can An Employer Fire Me For No Reason In Illinois? In general, an employer in Illinois can fire an employee without providing a reason. However, there are exceptions to this rule. For example, an employer cannot fire an employee for reasons that violate public policy, such as retaliation for whistleblowing or discrimination based on race, sex, or disability. ### What Laws Protect Employees From Wrongful Termination In Illinois? Several federal and state laws protect employees from wrongful termination in Illinois. These include the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Family and Medical Leave Act. These laws prohibit discrimination, retaliation, and other unlawful employment practices. ### What Should I Do If I Think I’ve Been Wrongfully Terminated? If you believe you have been wrongfully terminated, the first step is to consult with an experienced employment attorney. Your attorney can help you understand your rights, evaluate your claim, and determine the best course of action. ### How Long Do I Have To File A Wrongful Termination Claim In Illinois? The time limit for filing a wrongful termination claim depends on the specific law under which you are filing your claim. For example, under the Illinois Human Rights Act, you must file a charge within 180 days of the alleged discriminatory act. For federal claims, the time limit may be different, so it’s crucial to act quickly. ## Call The Law Offices of Joshua D. McCann, LTD To Receive A Free Consultation If you believe that you have been wrongfully terminated under Illinois or federal law, we are here to help. The Law Offices of Joshua D. McCann, LTD offers experienced legal representation in retaliatory discharge cases and other wrongful termination claims. Contact us today for a free consultation. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We serve clients throughout Chicago from our office in Lisle, Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [How to Recognize If You're a Victim of Retaliation in the Workplace in Illinois](https://chicagolegalcounsel.com/how-to-recognize-if-youre-a-victim-of-retaliation-in-the-workplace-in-illinois/) **Published:** May 13, 2025 **Author:** msaawe **Content:** At Law Offices of Joshua D. McCann, LTD, our legal team understands that workplace retaliation can be a significant concern for employees. Workplace retaliation occurs when an employer takes negative action against an employee for engaging in legally protected activities. Recognizing the signs of workplace retaliation and understanding your legal rights under federal and Illinois laws is an essential part of protecting yourself in the workplace. ## Understanding Workplace Retaliation Workplace retaliation involves negative actions taken by an employer against an employee as a response to the employee’s participation in protected activities. Protected activities include filing a discrimination complaint, participating in an investigation, or opposing unlawful practices. Both federal and Illinois laws prohibit employers from retaliating against employees for asserting their rights. ### Federal Protections Against Retaliation Under Title VII of the Civil Rights Act of 1964, employers are prohibited from retaliating against employees who engage in protected activities. The U.S. Equal Employment Opportunity Commission (EEOC) enforces these provisions, ensuring that employees can exercise their rights without fear of retribution. ​ ### Illinois State Protections In Illinois, the Human Rights Act provides similar legal protections, safeguarding employees from retaliation when they report or oppose unlawful discrimination or harassment. This state law complements federal statutes, providing an additional layer of security for workers in Illinois. ​ ## Recognizing Signs of Retaliation Identifying retaliation can be challenging, as it may manifest in various forms. Common indicators include: - **Demotion or Denial of Promotion –** Experiencing a sudden demotion or being overlooked for a promotion without a clear, performance-based reason.​ - **Salary Reduction –** Facing an unexpected decrease in pay following engagement in protected activities.​[ ](https://themklaw.com/illinois-retaliatory-discharge/?utm_source=chatgpt.com) - **Unwarranted Negative Evaluations –** Receiving unjustified poor performance reviews after participating in activities like filing a complaint or supporting a colleague’s claim.​ - **Change in Job Duties or Shifts –** Being reassigned to less desirable tasks or shifts without a legitimate business rationale.​ - **Increased Scrutiny or Micromanagement –** Noticing a significant uptick in oversight or criticism from supervisors without cause.​ - **Exclusion from Meetings or Projects –** Being deliberately left out of meetings, projects, or professional development opportunities.​ - **Hostile Work Environment –** Experiencing increased hostility, intimidation, or ostracism from colleagues or supervisors.​ ## Legal Implications of Retaliation Retaliation is illegal under both federal and Illinois laws. Employers who are found guilty of retaliation may face legal consequences, including compensatory and punitive damages. Employees who prevail in retaliation claims may be entitled to remedies such as reinstatement, back pay, and coverage of legal fees.​ ## Steps to Take If You Suspect Retaliation 1. **Document Incidents –** Keep detailed records of all retaliatory actions, including dates, times, locations, and individuals involved.​ 2. **Report Internally –** Follow your company’s procedures for reporting retaliation, typically through human resources or a designated compliance officer.​ 3. **Seek Legal Counsel –** Consult with an employment law attorney to evaluate your situation and determine the best course of action.​ 4. **File a Complaint with Relevant Agencies –** You may file a charge with the EEOC or the Illinois Department of Human Rights (IDHR). These agencies investigate retaliation claims and can facilitate resolutions. ​ ## Preventative Measures for Employees To minimize the risk of retaliation: - **Understand Your Rights –** Familiarize yourself with federal and state protections against retaliation.​ - **Communicate Effectively –** Maintain open and professional communication with supervisors and HR, especially when engaging in protected activities.​ - **Seek Support –** Consider joining employee resource groups or unions that can offer guidance and advocacy.​ ## Frequently Asked Questions About Retaliation ### How Do I Differentiate Between Retaliation and Poor Management? Retaliation is specifically linked to adverse actions taken because of your engagement in protected activities. Poor management may involve unfair treatment, but it isn’t necessarily connected to protected activities. Establishing a timeline that shows a direct correlation between your protected activity and the adverse action can help differentiate between the two.​ ### Can Retaliation Occur Even If the Original Complaint Was Unfounded? Yes, as long as you had a reasonable belief that the conduct you reported was unlawful, you are protected from retaliation, even if the investigation does not substantiate your original complaint. The key factor is the act of engaging in a protected activity, not the outcome of the complaint.​ ### What Remedies Are Available If I Prove Retaliation? Remedies for proven retaliation claims may include reinstatement to your former position, compensation for lost wages and benefits, damages for emotional distress, and reimbursement of legal costs. In some cases, punitive damages may also be awarded to deter future violations by the employer.​ ### Can I Be Retaliated Against for Supporting a Colleague’s Complaint? Yes, protection extends to individuals who participate in investigations or support colleagues’ complaints about discrimination or harassment. ## Contact Our Chicago Wrongful Termination Lawyers For A Free Consultation If you believe you were wrongfully retaliated against, it is important to take immediate action. At Law Offices of Joshua D. McCann, LTD, we help employees fight back against illegal terminations and hold employers accountable. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Wrongful Termination --- ### [How Employment Contracts And Policies Impact Wrongful Termination Cases](https://chicagolegalcounsel.com/how-employment-contracts-and-policies-impact-wrongful-termination-cases/) **Published:** April 22, 2025 **Author:** msaawe **Content:** ## Understanding Wrongful Termination In Illinois Wrongful termination occurs when an employer unlawfully fires an employee in violation of federal or Illinois employment laws, contractual agreements, or established workplace policies. While Illinois is an [at-will employment state](https://labor.illinois.gov/faqs.html), meaning employers can terminate employees for any reason or no reason at all, there are clear legal protections that prevent termination based on retaliation, discrimination, or contract violations. Employment contracts and workplace policies often play a critical role in wrongful termination cases. A well-drafted contract may establish clear expectations regarding termination procedures, while internal policies may create implied protections for employees. Understanding how employment agreements, company policies, and legal protections interact is essential when evaluating a wrongful termination claim. ## How Employment Contracts Define Termination Rights Employment contracts may contain specific provisions regarding how and why an employee may be terminated. These contracts override default at-will employment rules, providing additional protections that may prevent an employer from terminating an employee without good cause. Common contract provisions that impact wrongful termination cases include: - Cause-Based Termination – Many contracts define what constitutes a valid reason for termination. If an employer fires an employee for a reason not outlined in the contract, it may be considered wrongful termination. - Severance Agreements – Some contracts guarantee severance pay if termination occurs under specific conditions. Failure to honor these provisions may constitute a breach of contract. - Progressive Discipline Policies – Contracts often outline disciplinary procedures that employers must follow before termination. If an employer fails to follow these steps, the termination may be unlawful. - Notice Requirements – Some contracts require employers to provide advance notice before terminating an employee. Terminating an employee without proper notice may result in legal action. If an employer fails to comply with the terms of an employment contract, the employee may have a valid claim for wrongful termination based on breach of contract under Illinois law. ## The Role Of Employee Handbooks And Company Policies Even when an employee does not have a formal employment contract, company policies may create implied agreements that impact termination rights. Employers often establish guidelines for discipline, termination, and workplace conduct in employee handbooks. When company policies specify termination procedures, employers are often required to adhere to their own rules. If an employer fails to follow internal procedures, it may provide grounds for a wrongful termination claim. For example, if a company’s handbook states that an employee must receive two written warnings before termination, but an employee is fired without warning, that employee may be able to file a wrongful termination lawsuit. Courts may view such policies as contractual commitments, even if they are not part of a formal employment agreement. ## Federal And Illinois Laws That Protect Against Wrongful Termination Regardless of employment contracts or policies, federal and state laws protect employees from being terminated for illegal reasons. These laws provide critical safeguards for employees who face termination due to retaliation, discrimination, or public policy violations. ### Retaliatory Discharge Protections Federal and Illinois law prohibit employers from terminating employees in retaliation for engaging in legally protected activities, such as: - Reporting workplace discrimination or harassment (Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-3) - Filing a claim for unpaid wages under the Fair Labor Standards Act (29 U.S.C. § 215(a)(3)) - Reporting safety violations under the Occupational Safety and Health Act (OSHA, 29 U.S.C. § 660(c)) - Participating in a whistleblower investigation under the Illinois Whistleblower Act (740 ILCS 174) If an employer retaliates against an employee for asserting their legal rights, the employee may have a strong case for wrongful termination. ### Discrimination-Based Wrongful Termination Federal and Illinois law prohibit employers from terminating employees based on protected characteristics, such as: - Race, color, or national origin (Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2) - Age (40 and over) (Age Discrimination in Employment Act, 29 U.S.C. § 623) - Disability (Americans with Disabilities Act, 42 U.S.C. § 12112) - Sex or gender (Title VII and the Illinois Human Rights Act, 775 ILCS 5/2-102) If an employer fires an employee based on any of these characteristics, the termination may be considered unlawful discrimination under both state and federal law. ## How Employees Can Protect Their Rights Employees who believe they have been wrongfully terminated should take specific steps to protect their legal rights, including: - Reviewing Employment Contracts and Policies—Employees should examine their contract or employee handbook to determine if their termination violates any written policies. - Documenting Employer Actions – Keeping written records of conversations, emails, and warnings can help prove wrongful termination claims. - Filing A Legal Claim Promptly – Employees should not wait too long to take legal action, as wrongful termination claims are subject to strict filing deadlines under Illinois law. By taking these steps, employees can build a strong case against wrongful termination and seek compensation for lost wages, emotional distress, and other damages. ## Employment Law FAQs ### What Should I Do If My Employer Violated My Employment Contract? If an employer terminates an employee in violation of their contract, the employee may have grounds for a breach of contract claim. It is essential to review the contract language carefully and consult an attorney about potential legal action. ### Can An Employer Fire Me Without Cause If I Have An Employment Contract? It depends on the specific terms of the contract. Some contracts allow at-will termination, while others require cause-based dismissal. If the employer fails to follow contract terms, the termination may be legally challenged. ### Are Verbal Agreements Enforceable In Wrongful Termination Cases? Verbal agreements may be enforceable in some cases, but written contracts carry more legal weight. Courts may consider past employment practices and verbal promises, but having a written contract provides stronger protection. ### How Long Do I Have To File A Wrongful Termination Claim In Illinois? Filing deadlines vary based on the type of claim: - Retaliation claims must be filed with the Illinois Department of Human Rights (IDHR) within 180 days of termination. - Federal discrimination claims must be filed with the Equal Employment Opportunity Commission (EEOC)within 300 days. ### Can I Sue My Employer If I Was Fired After Filing A Complaint? Yes, federal and Illinois laws prohibit retaliation against employees who file complaints regarding discrimination, wage violations, or workplace safety issues. Employees who are fired after making legitimate complaints may have a strong case for wrongful termination. ### What Damages Can I Recover In A Wrongful Termination Lawsuit? Employees may be eligible to recover: - Back pay and lost wages - Emotional distress damages - Attorney’s fees and court costs - Punitive damages in cases of willful misconduct ### Can I Be Fired For Refusing To Do Something Illegal? No. Illinois law protects employees who refuse to engage in illegal activities. Employers cannot terminate workers for refusing to break the law, and doing so may result in legal consequences. ## Contact Our Chicago Wrongful Termination Lawyer If you believe you were wrongfully terminated, it is important to take immediate action. At Law Offices of Joshua D. McCann, LTD, we help employees fight back against illegal terminations and hold employers accountable. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We represent clients throughout Chicago from our office in Lisle, Illinois, and we are committed to protecting employee rights under federal and Illinois law. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Wrongful Termination --- ### [How Retaliatory Discharge Claims Differ From Wrongful Termination](https://chicagolegalcounsel.com/how-retaliatory-discharge-claims-differ-from-wrongful-termination/) **Published:** April 15, 2025 **Author:** msaawe **Content:** Wrongful termination and retaliatory discharge are two employment law claims that often get confused, but they have distinct legal definitions and requirements. While both involve employees being fired unlawfully, retaliatory discharge is a specific type of wrongful termination that occurs when an employer punishes an employee for engaging in legally protected activities. Illinois and federal laws provide protections for workers who report illegal activities, file workers’ compensation claims, or exercise their rights under employment laws. However, proving a retaliatory discharge case requires specific evidence and a clear connection between the protected activity and the termination. Understanding the legal distinctions between these claims is critical for employees who believe they have been wrongfully discharged. ## What Is Wrongful Termination? [Wrongful termination](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) occurs when an employee is fired in violation of an employment contract, company policies, or employment laws. [Illinois follows the employment-at-will doctrine](https://labor.illinois.gov/faqs.html), which means that employers can terminate employees for almost any reason, except for illegal reasons. Common Illegal Grounds For Wrongful Termination Include: - Discrimination: Terminating an employee based on race, gender, age, disability, religion, or other protected characteristics under federal and Illinois laws. - Violation of Public Policy: Firing an employee for reasons that go against fundamental public policies, such as refusing to commit an illegal act. - Breach of Contract: Firing an employee in violation of an employment contract that guarantees specific rights or terms of employment. ## What Is Retaliatory Discharge? [Retaliatory discharge](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) is a specific type of wrongful termination where an employer fires an employee in response to protected activities, such as reporting illegal conduct or exercising legal rights. Unlike general wrongful termination claims, retaliatory discharge requires proof that the termination was directly linked to the employee’s protected activity. Examples Of Retaliatory Discharge: - An employee is fired after filing a workers’ compensation claim. - A whistleblower is terminated for reporting illegal or unethical activities within the company. - An employee is dismissed for filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Under Illinois law, retaliatory discharge is illegal, even in at-will employment situations. Employees who believe they were terminated in retaliation can pursue legal action against their employer. ## Legal Protections Under Illinois And Federal Law ### Illinois Retaliatory Discharge Laws Illinois recognizes retaliatory discharge as an exception to the employment-at-will doctrine. Courts have consistently ruled that firing an employee for engaging in legally protected activities violates public policy. Some key Illinois laws that protect employees include: - Illinois Whistleblower Act (740 ILCS 174/1 et seq.) – Prohibits employers from retaliating against employees who report unlawful conduct to authorities. - Illinois Workers’ Compensation Act (820 ILCS 305/4(h)) – Protects employees from termination for filing a workers’ compensation claim. - Illinois Human Rights Act (775 ILCS 5/6-101) – Prevents employers from retaliating against employees who oppose discrimination or participate in investigations. ### Federal Retaliation Protections Federal laws also provide strong protections against employer retaliation, including: - Title VII Of The Civil Rights Act (42 U.S.C. § 2000e-3(a)) – Prohibits retaliation against employees who report workplace discrimination. - Americans With Disabilities Act (ADA) (42 U.S.C. § 12203) – Protects employees from retaliation when they request accommodations for a disability. - Occupational Safety and Health Act (OSHA) (29 U.S.C. § 660(c)) – Prevents retaliation against workers who report unsafe working conditions. Employees in Illinois can file claims under both state and federal laws if they believe they have been unlawfully discharged. ## Proving A Retaliatory Discharge Claim To succeed in a retaliatory discharge case, employees must prove: 1. They Engaged In A Protected Activity – Such as reporting illegal activity, filing a claim, or participating in a workplace investigation. 2. They Suffered An Adverse Employment Action – Such as being fired, demoted, or otherwise penalized by the employer. 3. There Is A Direct Link Between The Protected Activity And The Termination – The employer’s action must be in direct response to the employee’s legally protected activity. Employers often try to justify terminations by citing performance issues or company restructuring. However, strong evidence, such as emails, performance reviews, or witness testimony, can help establish a retaliatory motive. ## What Employees Should Do If They Suspect Retaliation Employees who believe they have been wrongfully terminated in retaliation should take the following steps: - Document Everything – Keep records of conversations, emails, and any retaliatory actions taken by the employer. - File A Complaint – Depending on the nature of the retaliation, employees may file complaints with the Illinois Department of Human Rights (IDHR), the EEOC, or OSHA. - Consult an Employment Attorney – A legal professional can assess the case, gather evidence, and file a lawsuit if necessary. Illinois law provides strong protections against retaliation, and employees who take action can seek compensation, reinstatement, or other legal remedies. ## Wrongful Retaliation FAQs ### How Can I Prove My Employer Fired Me In Retaliation? Employees can use emails, witness statements, performance reviews, and other records that establish a connection between their protected activity and the termination. If an employer’s explanation for firing an employee seems inconsistent or pretextual, it may support a retaliation claim. ### What Damages Can I Recover In A Retaliatory Discharge Lawsuit? Employees who succeed in a retaliatory discharge lawsuit may recover lost wages, benefits, emotional distress damages, and attorney fees. In some cases, courts may order reinstatement to the employee’s previous position. ### Can I Sue My Employer For Wrongful Termination And Retaliatory Discharge At The Same Time? Yes. A wrongful termination claim can be broader, covering violations of employment contracts or discrimination laws, while a retaliatory discharge claim specifically addresses being fired for engaging in protected activities. ### Is My Job Protected If I Report Illegal Conduct Within My Company? Yes. Both Illinois and federal whistleblower laws protect employees from termination when they report fraud, safety violations, or illegal activity. Employers who retaliate against whistleblowers can face legal penalties. ### What Should I Do If I Believe I Was Fired For Filing A Workers’ Compensation Claim? Under the Illinois Workers’ Compensation Act (820 ILCS 305/4(h)), firing an employee for filing a claim is illegal. Employees should document the retaliation and consult an attorney immediately. ### How Long Do I Have To File A Retaliatory Discharge Claim In Illinois? The statute of limitations varies depending on the type of claim. For example, claims under the Illinois Human Rights Act generally must be filed within 180 days with the IDHR, while lawsuits based on common law retaliatory discharge must be filed within five years. ### What Should I Do If My Employer Retaliates Against Me But Doesn’t Fire Me? Retaliation can include demotions, pay cuts, harassment, or disciplinary actions. Even if an employee is not fired, they may still have grounds for a retaliation claim under Illinois and federal laws. ## Call Our Chicago Retaliatory Discharge Lawyer For A Consultation At the Law Offices of Joshua D. McCann, LTD, we fight for employees who have been wrongfully terminated or retaliated against for exercising their legal rights. If you believe you were fired in retaliation for reporting illegal conduct, filing a complaint, or asserting your workplace rights, you may have a valid legal claim. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago retaliatory discharge lawyer](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Our firm proudly represents employees in Chicago and throughout Illinois from our office in Lisle. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Retaliatory Discharge --- ### [How Whistleblower Laws Protect Against Retaliatory Discharge In Illinois](https://chicagolegalcounsel.com/how-whistleblower-laws-protect-against-retaliatory-discharge-in-illinois/) **Published:** March 25, 2025 **Author:** msaawe **Content:** Employees who report unlawful activities in the workplace perform a critical role in maintaining ethical business practices. However, many workers fear retaliation from their employers, including termination, demotion, or other adverse employment actions. Federal and Illinois laws provide strong protections for [whistleblowers](https://www.whistleblowers.gov/) to ensure they can report illegal activity without fear of losing their jobs. At the Law Offices of Joshua D. McCann, LTD, we represent employees who have been wrongfully terminated for speaking up. ## Understanding Retaliatory Discharge Under Illinois Law Illinois law recognizes retaliatory discharge as an unlawful employment practice. Under common law protections, an employer cannot fire an employee for reasons that violate public policy. This includes termination for: - Reporting illegal conduct to authorities - Filing a workers’ compensation claim - Refusing to engage in unlawful activity The [Illinois Whistleblower Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495) (740 ILCS 174/) specifically protects employees from employer retaliation when they disclose illegal activities, refuse to engage in violations of the law or participate in investigations. Additionally, under the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) (775 ILCS 5/), employees cannot be retaliated against for reporting workplace discrimination or harassment. ## Federal Whistleblower Protections Against Retaliatory Discharge Several federal laws provide protections for whistleblowers across various industries. Employees may be covered under: - Sarbanes-Oxley Act ([18 U.S.C. § 1514A](https://www.supremecourt.gov/qp/22-00660qp.pdf)) – Protects employees of publicly traded companies who report fraud or violations of securities laws. - Occupational Safety and Health Act ([29 U.S.C. § 660(c)](https://www.whistleblowers.gov/statutes/oshact)) – Protects employees from retaliation for reporting workplace safety violations. - False Claims Act ([31 U.S.C. § 3730(h)](https://codes.findlaw.com/us/title-31-money-and-finance/31-usc-sect-3730/)) – Shields whistleblowers who report fraudulent claims made to the federal government. - Dodd-Frank Wall Street Reform Act ([15 U.S.C. § 78u-6](https://casetext.com/statute/united-states-code/title-15-commerce-and-trade/chapter-2b-securities-exchanges/section-78u-6-securities-whistleblower-incentives-and-protection/analysis?sort=relevance&citingPage=1)) – Protects employees who report securities violations to the Securities and Exchange Commission (SEC). Federal whistleblower laws allow employees to file retaliation claims with agencies like the Occupational Safety and Health Administration (OSHA) and the U.S. Department of Labor. ## What Constitutes Retaliatory Discharge? Retaliatory discharge occurs when an employer terminates an employee as punishment for reporting illegal activity. Common forms of retaliation include: - Wrongful termination – Being fired shortly after making a report - Demotion or pay cuts – Reducing job responsibilities as punishment - Harassment or intimidation – Creating a hostile work environment - Negative performance reviews – Issuing unfair evaluations to justify termination - Blacklisting – Preventing the employee from securing future employment Illinois and federal laws require proof that the whistleblowing activity directly led to the adverse employment action. Employers often try to disguise retaliation by citing poor performance or company restructuring, which makes legal representation critical in these cases. ## How To Prove A Retaliatory Discharge Claim A successful retaliatory discharge lawsuit requires strong evidence that an employer violated whistleblower protections. Employees should document: - Timeline of events – Keeping records of complaints and employer responses - Emails or messages – Preserving written evidence of retaliation - Witness testimony – Having co-workers confirm adverse treatment - Employer policies – Reviewing company retaliation policies An employee must establish causation, meaning the termination was directly related to their protected activity. Courts often look at the timing between the whistleblowing and the retaliation as sudden negative employment actions after a complaint suggest unlawful termination. ## Filing A Retaliatory Discharge Lawsuit In Illinois Employees who experience retaliation have the right to file a claim under Illinois and federal laws. The process typically involves: 1. Filing a complaint with a government agency – Agencies such as the Equal Employment Opportunity Commission (EEOC), Illinois Department of Human Rights (IDHR), or OSHA investigate retaliation claims. 2. Pursuing legal action – If administrative agencies do not resolve the matter, employees can file a lawsuit in state or federal court. 3. Seeking damages – Employees may be entitled to back pay, job reinstatement, punitive damages, and attorney fees. Employees must act within the statute of limitations, as claims must be filed within strict deadlines. Consulting an experienced Chicago retaliatory discharge lawyer ensures compliance with all filing requirements. ## Workplace Retaliation Frequently Asked Questions ### What Should I Do If I Suspect Retaliation After Reporting Illegal Activity? If you believe you are facing retaliation, document all relevant interactions, including performance evaluations, emails, and job assignments. Keep track of any changes in your employment status and seek legal guidance as soon as possible. ### Can I Be Fired For Reporting My Employer’s Fraud? No. Illinois and federal whistleblower laws protect employees who report fraudulent activity. If your employer retaliates against you, you may have grounds for a legal claim under the False Claims Act or Illinois Whistleblower Act. ### How Do I Prove My Employer Retaliated Against Me? Proving retaliation requires establishing a direct link between your whistleblowing activity and the adverse employment action. Key evidence includes timing, witness testimony, written communications, and changes in job responsibilities. ### What Compensation Can I Receive In A Retaliatory Discharge Case? Employees who win a retaliatory discharge lawsuit may recover: - Lost wages and benefits - Emotional distress damages - Punitive damages against the employer - Job reinstatement or front pay ### Is There A Deadline To File A Retaliation Claim? Yes. Deadlines vary based on the law under which you file. Illinois whistleblower claims typically have a 180-day or two-year statute of limitations, depending on the case. It is essential to file promptly to protect your rights. ### Can I Report Workplace Violations Anonymously? Many whistleblower laws allow for anonymous reporting, especially under federal programs such as the SEC whistleblower program. However, if your identity becomes known and you face retaliation, you are still legally protected. ### Will A Whistleblower Claim Hurt My Future Employment Prospects? Employers are legally prohibited from retaliating against whistleblowers, but some industries may be more resistant to hiring individuals who have filed claims. An attorney can help you pursue legal protections against blacklisting. ## Call Law Offices of Joshua D. McCann, LTD To Protect Your Whistleblower Rights Retaliatory discharge is a serious violation of Illinois and federal employment laws. If you were fired or faced retaliation for reporting unlawful activity, you have legal options to fight back. At Law Offices of Joshua D. McCann, LTD, we protect employees against wrongful termination and help them recover damages for retaliation. To [receive your Free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We represent clients throughout Chicago from our office in Lisle, Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Retaliatory Discharge --- ### [The Role Of The EEOC In Your Illinois Wrongful Termination Case](https://chicagolegalcounsel.com/the-role-of-the-eeoc-in-your-illinois-wrongful-termination-case/) **Published:** March 4, 2025 **Author:** msaawe **Content:** Wrongful termination is a serious legal issue that can leave employees feeling powerless and uncertain about their rights. When an employer unlawfully fires an employee in retaliation for engaging in a protected activity, the [Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) plays a crucial role in ensuring that justice is served. The EEOC is responsible for enforcing federal workplace discrimination and retaliation laws, investigating complaints, and providing employees with a legal pathway to hold their employers accountable. Filing a complaint with the EEOC is often the first step in pursuing a wrongful termination claim in Illinois. ## Federal And Illinois Laws Protecting Against Retaliatory Discharge Employees who are wrongfully terminated have protections under both federal and Illinois laws. The Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) (775 ILCS 5/1-101 et seq.) all prohibit employers from retaliating against employees for engaging in legally protected activities. Under Illinois law, employers are also prohibited from terminating employees for reporting unlawful practices, filing complaints, or participating in an investigation related to workplace discrimination or safety violations. These laws collectively provide employees with the ability to challenge retaliatory discharge and seek compensation for lost wages, emotional distress, and other damages. ## Filing A Complaint With The EEOC The EEOC process begins when an employee files a charge of discrimination or retaliation. The complaint must be filed within 300 days of the alleged retaliatory termination if the employee is covered under Illinois laws that provide additional protections. The process includes: - **Filing the charge** – Employees must submit a formal complaint to the EEOC detailing the alleged wrongful termination. - **EEOC investigation** – The agency will review the complaint, collect evidence, and determine whether a violation has occurred. - **Mediation option** – In some cases, the EEOC may offer mediation as an alternative resolution before launching a full investigation. - **Employer response** – The employer will be asked to respond to the allegations and provide supporting documentation. - **Findings and resolution** – If the EEOC determines that a violation occurred, the agency may attempt to resolve the case through settlement or issue a Right to Sue letter, allowing the employee to file a lawsuit. ## What Happens If The EEOC Issues A Right To Sue Letter? If the EEOC completes its investigation and finds sufficient evidence of wrongful termination, the agency may file a lawsuit against the employer on the employee’s behalf. However, in most cases, the EEOC will issue a [Right to Sue letter](https://www.eeoc.gov/filing-lawsuit), allowing the employee to pursue legal action in federal or state court. Employees typically have 90 days from the date they receive the letter to file their lawsuit. ## Proving A Retaliation Claim To successfully prove a wrongful termination claim based on retaliation, employees must demonstrate the following: - **They engaged in a protected activity** – This includes reporting discrimination, filing a complaint, or participating in an investigation. - **The employer took adverse action** – The employer terminated or demoted the employee in response to their complaint or protected action. - **There was a causal connection** – A clear link must exist between the protected activity and the retaliatory action taken by the employer. If these elements are met, employees may be eligible for reinstatement, back pay, front pay, emotional distress damages, and attorney’s fees. ## Employer Defenses In Wrongful Termination Cases Employers facing wrongful termination claims often attempt to justify their actions by claiming: - Performance issues - Legitimate business reasons - Lack of causal connection Overcoming these defenses requires strong evidence, such as email correspondence, witness testimony, and documented patterns of retaliation. ## Wrongful Termination Frequently Asked Questions ### How Long Does The EEOC Investigation Process Take? The EEOC process can take several months to over a year, depending on the complexity of the case. If mediation is successful, cases may be resolved within a few months. However, if a full investigation is required, it may take up to a year before a determination is reached. ### What If My Employer Threatens Me After Filing An EEOC Complaint? Threats or further retaliation after filing an EEOC complaint are additional violations of employment laws. Employees should document any threats, report them to the EEOC, and consult an attorney immediately to protect their rights. ### Can I File A Lawsuit Without An EEOC Right To Sue Letter? In most cases, employees must receive a Right to Sue letter from the EEOC before filing a lawsuit. However, there are some exceptions under state law, and an attorney can help determine the best course of action. ### What Damages Can I Recover In A Wrongful Termination Case? Employees may be eligible for back pay, front pay, emotional distress damages, punitive damages, and attorney’s fees. If reinstatement is not possible, financial compensation may be awarded instead. ### Do I Need An Attorney To File An EEOC Complaint? While employees can file an EEOC complaint on their own, having an attorney can significantly strengthen their case. An attorney can help draft a strong complaint, gather evidence, and represent the employee in settlement negotiations or court proceedings. ### Can My Employer Fire Me While The EEOC Investigation Is Pending? Employers cannot legally terminate an employee in retaliation for filing an EEOC complaint. If an employee is fired while an investigation is ongoing, this may be grounds for additional legal action. ### How Can I Strengthen My Retaliation Case? Keeping detailed records of all communications, saving emails, and collecting witness statements can help build a strong case. An attorney can also assist in gathering evidence and presenting a compelling legal argument. ## Contact The Law Offices of Joshua D. McCann, LTD For Help With Your Retaliatory Discharge Case Filing an EEOC complaint and pursuing a wrongful termination claim can be a complex and time-sensitive process. At the Law Offices of Joshua D. McCann, LTD, we are committed to protecting employees from unlawful retaliation and ensuring they receive the justice they deserve. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Our firm represents clients throughout Chicago, Illinois. Let us help you fight back against wrongful termination and hold your employer accountable. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Wrongful Termination --- ### [Retaliatory Discharge Claims For Whistleblowers In Illinois](https://chicagolegalcounsel.com/retaliatory-discharge-claims-for-whistleblowers-in-illinois/) **Published:** February 17, 2025 **Author:** msaawe **Content:** Retaliatory discharge is a serious violation of employee rights under both Illinois and federal employment laws. When an employee exposes unlawful activity or safety violations in the workplace, they deserve protection, not punishment.Unfortunately, there are employers who retaliate against whistleblowers by wrongfully terminating their employment. Retaliatory discharge not only violates the law but can have significant financial and emotional consequences for the employee. As Chicago retaliatory discharge attorneys, we are committed to helping whistleblowers protect their rights and seek justice when they have been wrongfully terminated. Understanding the legal protections available is crucial for anyone who has experienced workplace retaliation. ## What Is Retaliatory Discharge Under Illinois And Federal Law? Retaliatory discharge occurs when an employer unlawfully terminates an employee for engaging in legally protected activity, such as reporting unsafe working conditions, illegal conduct, or regulatory violations. Illinois and federal laws provide strong protections for whistleblowers to ensure employees can report misconduct without fear of losing their jobs. Under Illinois law, the [Illinois Whistleblower Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495) (740 ILCS 174) protects employees who disclose information about illegal activities in the workplace to a government or law enforcement agency. Employers are prohibited from retaliating against employees who refuse to participate in illegal activity or who disclose violations of the law. At the federal level, the [Occupational Safety and Health Act (OSHA)](https://www.osha.gov/laws-regs/oshact/completeoshact), [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), and the [Sarbanes-Oxley Act](https://en.wikipedia.org/wiki/Sarbanes%E2%80%93Oxley_Act) offer protections for employees reporting violations related to workplace safety, discrimination, and financial misconduct. The False Claims Act also shields whistleblowers who report fraudulent claims against the government. ## Protected Activities In Retaliatory Discharge Cases Not all complaints or terminations qualify as retaliatory discharge under the law. The employee must have engaged in a protected activity to seek legal protection. Some protected activities under Illinois and federal law include: - Reporting workplace safety violations to OSHA. - Filing a discrimination or harassment complaint with the Equal Employment Opportunity Commission (EEOC). - Reporting fraud or financial misconduct under the Sarbanes-Oxley Act. - Refusing to engage in illegal conduct as directed by an employer. - Participating in a government investigation or testifying in a related legal matter. When an employer terminates an employee for participating in these protected actions, they may be liable for retaliatory discharge. ## Proving Retaliatory Discharge In Illinois To successfully prove a retaliatory discharge claim, an employee must demonstrate the following elements: 1. **Protected Activity** – The employee participated in a legally protected activity, such as reporting a legal violation or refusing to commit an unlawful act. 2. **Adverse Employment Action** – The employer took adverse action, typically termination of employment. 3. **Causal Connection** – There must be a direct link between the protected activity and the adverse employment action. Evidence such as internal communications, termination letters, witness statements, and the timing of the discharge are helpful in establishing retaliatory discharge. ## Legal Remedies For Retaliatory Discharge In Illinois Victims of retaliatory discharge in Illinois may be entitled to various remedies, including: - **Reinstatement** – The court could order the employer to reinstate the employee to their previous position. - **Back Pay** – Financial compensation for lost wages and benefits due to wrongful termination. - **Compensatory Damages** – Reimbursement for emotional distress caused by the unlawful discharge. - **Punitive Damages** – In some cases of egregious conduct, punitive damages may be awarded to punish the employer. Filing a claim under the Illinois Whistleblower Act or relevant federal statutes ensures that whistleblowers can seek justice and hold employers accountable for unlawful actions. ## Time Limits For Filing Retaliatory Discharge Claims In Illinois Illinois law imposes strict time limits for filing retaliatory discharge claims. Generally, claims must be filed within five years under the Illinois Whistleblower Act. Some federal statutes have shorter deadlines. For example, there is a 180-day filing window under OSHA protections. This is why it is crucial to act quickly to preserve evidence. Missing these deadlines can result in losing the ability to seek compensation and justice for wrongful termination. ## How We Can Help Protect Whistleblower Rights Our firm is committed to defending the rights of whistleblowers who have faced retaliation for exposing misconduct in the workplace. Our approach includes: - **Case Evaluation** – Our attorney will review the facts to determine whether you have a valid retaliatory discharge claim. - **Evidence Collection** – Gathering critical evidence, including employment records and witness statements. - **Negotiation And Litigation** – Pursuing favorable settlements while preparing for court if necessary. - **Ensuring Legal Compliance** – Ensuring all claims are filed within the legal timeframes under Illinois and federal law. Our team works to hold employers accountable and ensure justice for those who have been wrongfully terminated for doing the right thing. ## FAQs About Retaliatory Discharge Claims For Whistleblowers In Illinois ### What Laws Protect Whistleblowers In Illinois? The Illinois Whistleblower Act (740 ILCS 174) protects employees who disclose illegal activities to law enforcement or regulatory agencies. Federal laws such as OSHA, Title VII of the Civil Rights Act, and the False Claims Act also protect whistleblowers from retaliation for reporting unsafe working conditions, discrimination, and fraud. ### What Should I Do If I Was Fired For Reporting Workplace Violations? If you were terminated after reporting a legal violation, document all interactions related to the complaint, including emails, memos, and witness statements. Contact an experienced retaliatory discharge lawyer immediately to discuss your rights and begin building your case. ### How Do I Prove My Employer Retaliated Against Me? To prove retaliatory discharge, you must show you engaged in a protected activity, suffered an adverse employment action, and there was a causal connection between your reporting and termination. Evidence such as termination timing, employer statements, and written communications can strengthen your case. ### Can I Sue My Employer For Retaliatory Discharge? Yes, if your employer violated the Illinois Whistleblower Act or relevant federal statutes, you can file a retaliatory discharge lawsuit seeking reinstatement, back pay, and other damages. ### How Long Do I Have To File A Retaliatory Discharge Claim In Illinois? You generally have up to five years to file under the Illinois Whistleblower Act, but federal laws such as OSHA may have shorter deadlines. Acting quickly is essential to preserve your rights and evidence. ### What Damages Can I Recover In A Retaliatory Discharge Case? You may be entitled to back pay, reinstatement, compensatory damages for emotional distress, and potentially punitive damages for egregious conduct by your employer. ### Do I Need A Lawyer For A Retaliatory Discharge Claim? Yes, retaliatory discharge claims can be complex. An experienced attorney can help you gather evidence, meet deadlines, and effectively pursue your legal rights against the employer. ## Call Our Chicago Retaliatory Discharge Attorney For Your Free Consultation If you believe you have been wrongfully terminated for whistleblowing, we are here to help. Our team at the Law Offices of Joshua D. McCann, LTD is dedicated to protecting the rights of employees throughout Chicago. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Offices of Joshua D. McCann, LTD at (847) 450-1103. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Employment Discrimination Lawyer --- ### [Documenting Evidence For An Illinois Wrongful Termination Claim](https://chicagolegalcounsel.com/documenting-evidence-for-an-illinois-wrongful-termination-claim/) **Published:** February 4, 2025 **Author:** msaawe **Content:** Wrongful termination can have a profound impact on your professional and personal life. Losing your job without cause can lead to financial hardship, emotional distress, and damage to your reputation. If you believe you were wrongfully terminated in Illinois, it is crucial to gather evidence to support your claim. Proper documentation can strengthen your case and improve your chances of achieving justice. Our firm understands the complexities of both federal and Illinois employment laws, and we work closely with clients to ensure they have the evidence needed to protect their rights. ## What Is Wrongful Termination Under Illinois And Federal Law? Wrongful termination occurs when an employer unlawfully fires an employee in violation of employment laws or a legally binding agreement. Illinois is an at-will employment state, which means employers can terminate employees for almost any reason as long as it does not violate laws or contracts. However, terminations based on discrimination, retaliation, or breaches of contract are illegal. Under federal law, Title VII of the Civil Rights Act of 1964 ([42 U.S.C. §2000e](https://www.law.cornell.edu/uscode/text/42/2000e)) prohibits termination based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) further protect employees from wrongful termination based on disability or age. In Illinois, the Illinois Human Rights Act ([775 ILCS 5/](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000)) offers additional protections against discrimination and retaliation. ## Types Of Evidence To Document For A Wrongful Termination Claim Gathering evidence is a critical part of building a wrongful termination case. We advise clients to document all relevant information carefully and thoroughly. Types of evidence include: - Employment Contracts And Agreements – Review all written agreements, including offer letters, employment contracts, and non-compete agreements. These documents can clarify whether your termination violated specific terms of employment. - Personnel Files – Request a copy of your personnel file under the Illinois Personnel Record Review Act (820 ILCS 40/). It may contain performance reviews, disciplinary actions, and other employment records relevant to your case. - Company Policies And Handbooks – Company policies regarding termination, discipline, and reporting procedures can demonstrate whether your termination was handled consistently with established policies. - Communication Records – Preserve all emails, text messages, memos, and written correspondence between you and your employer. These records may reveal statements or patterns of behavior that support your claim. ## Documenting Discrimination Or Retaliation Claims If your claim involves discrimination or retaliation, documentation becomes even more essential. Illinois law and federal statutes prohibit firing employees based on protected characteristics or in retaliation for reporting misconduct. - Incidents Of Discrimination – Keep a detailed journal documenting specific instances of discrimination, including dates, times, locations, and witnesses. - Performance Reviews – Compare your performance evaluations before and after any reported discrimination or protected activity. Sudden negative reviews can be a sign of retaliation. - Witness Statements – Collect statements from coworkers who may have observed discriminatory behavior or retaliation against you. ## Steps To Take After A Wrongful Termination We encourage individuals who suspect wrongful termination to take the following steps immediately: 1. Request A Termination Letter – Ask your employer for a written explanation of your termination. 2. Preserve All Documents – Secure copies of all emails, contracts, and performance records. 3. File A Complaint – Depending on the nature of your claim, you may need to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). 4. Consult With An Attorney – Seek legal counsel to evaluate your case and determine the next steps. ## Statute Of Limitations For Wrongful Termination Claims In Illinois Timeliness is crucial when filing a wrongful termination claim. Under federal law, the EEOC generally requires claims to be filed within 180 days of the discriminatory act. However, in Illinois, this deadline may be extended to 300 days under the Illinois Human Rights Act. ## FAQs About Documenting Evidence For A Wrongful Termination Claim In Illinois ### What Should I Do If My Employer Refuses To Provide My Personnel File? Under the Illinois Personnel Record Review Act (820 ILCS 40/), you have the right to access your personnel file. If your employer refuses, you may file a complaint with the Illinois Department of Labor to enforce your rights. ### How Important Are Emails And Text Messages In A Wrongful Termination Claim? Emails and text messages can serve as key evidence, especially if they contain discriminatory statements, sudden performance criticisms, or termination-related discussions. Preserving these communications can significantly strengthen your case. ### Can I Still Pursue A Claim If I Was Terminated Without A Written Contract? Yes. Illinois follows at-will employment laws, but wrongful termination claims can still be valid if the termination violates federal laws, such as Title VII, or if it involves retaliation, discrimination, or implied agreements. ### How Can I Prove Retaliation If My Employer Denies It? Retaliation can be demonstrated through circumstantial evidence, such as a sudden negative shift in performance reviews, reassignment to undesirable tasks, or termination shortly after filing a complaint. ### What If My Employer Claims Poor Performance As The Reason For My Termination? We can help you gather evidence, such as positive performance reviews, promotions, or awards, to challenge the employer’s claim and show that the termination was pretextual. ## Call Our Chicago Wrongful Termination Lawyer For A Free Consultation If you believe you were wrongfully terminated in Illinois, protecting your rights begins with documenting the facts. Our experienced legal team at the Law Offices of Joshua D. McCann, LTD can help you build a strong case backed by solid evidence. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD when you call (847) 450-1103. We offer dedicated representation for clients throughout Chicago from our Lisle, Illinois office. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Wrongful Death --- ### [How to Prove Discrimination In Employment Termination](https://chicagolegalcounsel.com/how-to-prove-discrimination-in-employment-termination/) **Published:** January 14, 2025 **Author:** msaawe **Content:** Losing a job is difficult under any circumstances, but being terminated for exercising your legal rights is particularly devastating. Retaliatory discharge is illegal under both Illinois and federal law, but proving that an employer violated these laws requires careful documentation and legal expertise. As employment lawyers in Chicago, we understand how challenging it can be to face [wrongful termination](https://www.usa.gov/wrongful-termination). Retaliatory discharge cases involve complex legal standards, and it’s critical to establish a clear connection between the protected activity you engaged in and the termination. Our goal is to explain how to prove retaliatory discharge, focusing on the legal requirements and strategies available under Illinois and federal laws. If you suspect that your termination was an act of retaliation, it’s important to know your rights and take immediate steps to protect them. Retaliatory discharge often occurs after an employee reports discrimination, files a workers’ compensation claim, or engages in other legally protected activities. By understanding the evidence and legal arguments required, you can position yourself to pursue justice effectively. ## What Is Retaliatory Discharge? Retaliatory discharge occurs when an employer terminates an employee for engaging in a legally protected activity. Both Illinois and federal laws prohibit employers from retaliating against workers who exercise their rights under workplace laws. Common examples of protected activities include: - Reporting workplace discrimination or harassment - Filing a claim for workers’ compensation benefits - Reporting unsafe working conditions to regulatory agencies - Participating in an investigation related to workplace violations - Exercising rights under the Family and Medical Leave Act (FMLA) Under Illinois law, retaliatory discharge claims are generally based on the [Illinois Human Rights Act (IHRA)](https://hrc.illinois.gov/rights.html) or the state’s common law protections. At the federal level, retaliation claims often involve statutes like [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), the [Occupational Safety and Health Act (OSHA)](https://www.osha.gov/laws-regs/oshact/completeoshact), or the [Americans with Disabilities Act (ADA)](https://www.ada.gov/). ## Legal Standards For Proving Retaliatory Discharge To prove a case of retaliatory discharge, you must establish the following elements: 1. **Engagement In A Protected Activity** – The first step is showing that you participated in an activity protected by law, such as filing a complaint about workplace discrimination or reporting unsafe working conditions. 2. **Adverse Employment Action** – You must prove that your employer took adverse action against you, such as termination, demotion, or another negative employment decision. 3. **Causal Connection** – The most challenging aspect is proving that there is a direct link between the protected activity and the adverse action. This often involves demonstrating that the employer’s stated reason for the termination was a pretext to hide retaliation. ## Collecting Evidence For A Retaliatory Discharge Claim Building a strong case requires careful documentation and evidence. The following types of evidence are critical in proving retaliatory discharge: - **Timing Of The Termination** – If the termination occurred shortly after you engaged in a protected activity, this proximity can support your claim. - **Employer Communications** – Emails, text messages, or other correspondence that reference your protected activity can serve as evidence of retaliation. - **Employment Records** – Performance evaluations, disciplinary records, and documentation of workplace incidents can help establish whether the employer’s stated reason for termination is legitimate. - **Witness Testimony** – Colleagues or supervisors who can testify about retaliatory behavior or statements made by management may strengthen your case. - **Complaints Or Reports** – Copies of formal complaints or reports you filed related to the protected activity are essential for establishing your initial engagement in a protected activity. ## Employer Defenses In Retaliatory Discharge Cases Employers often argue that the termination was based on legitimate business reasons unrelated to the protected activity. Common defenses include: - Poor job performance - Violation of company policies - Restructuring or layoffs unrelated to the protected activity To overcome these defenses, you must demonstrate that the employer’s stated reason is pretextual, meaning it is not the true reason for the termination. Evidence such as inconsistencies in the employer’s explanation or a pattern of retaliation against other employees can support your case. ## Filing A Retaliatory Discharge Claim In Illinois, you can file a retaliatory discharge claim with the appropriate agency or pursue a lawsuit in state or federal court. Depending on the specifics of your case, you may need to file a complaint with: - The Illinois Department of Human Rights (IDHR) for state law violations - The Equal Employment Opportunity Commission (EEOC) for federal law violations Each agency has specific filing deadlines, known as statutes of limitations. For example, you typically have 180 days to file a claim with the IDHR and 300 days to file a charge with the EEOC. Missing these deadlines can jeopardize your ability to pursue your case. ## Damages Available In Retaliatory Discharge Cases If you successfully prove retaliatory discharge, you may be entitled to various forms of compensation, including: - **Lost Wages** – Back pay for income lost as a result of the termination - **Reinstatement** – Returning to your former position or an equivalent role - **Emotional Distress** – Compensation for the psychological impact of wrongful termination - **Punitive Damages** – Additional damages designed to punish the employer for particularly egregious conduct - **Attorney’s Fees And Costs** – Reimbursement for the legal expenses incurred while pursuing the claim ## Employment Termination Frequently Asked Questions ### What Is Considered A Protected Activity In Illinois? A protected activity is any action taken by an employee to exercise their legal rights in the workplace. Examples include reporting workplace harassment, filing a workers’ compensation claim, reporting unsafe conditions to OSHA, or filing a complaint under the Illinois Human Rights Act. Engaging in these activities is legally protected, and employers cannot retaliate against employees for doing so. ### How Do I Prove That My Termination Was Retaliation And Not For Another Reason? To prove retaliation, you must establish a causal link between your protected activity and the adverse employment action. Evidence such as the timing of the termination, employer statements, inconsistencies in the employer’s explanation, and documentation of your protected activity can help show that the termination was retaliatory. ### What Is The Timeline For Filing A Retaliatory Discharge Claim In Illinois? The timeline depends on where you file your claim. If you file with the Illinois Department of Human Rights, you generally have 180 days from the date of the retaliatory action. For federal claims filed with the EEOC, the filing deadline is 300 days. Consulting with an attorney as soon as possible ensures that you meet these critical deadlines. ### Can I Still File A Claim If My Employer Says I Was Fired For Poor Performance? Yes, you can still file a claim. Employers often use performance issues as a pretext to hide retaliatory motives. If you can provide evidence that the stated reason for your termination is inconsistent with your work history or lacks credibility, you may be able to prove that retaliation was the true cause. ### What Damages Can I Recover If I Prove Retaliatory Discharge? If you successfully prove retaliatory discharge, you may recover lost wages, emotional distress damages, punitive damages, and attorney’s fees. In some cases, reinstatement to your former position may also be an option. The specific damages depend on the circumstances of your case and the applicable laws. ### How Can An Attorney Help With A Retaliatory Discharge Case? An attorney can evaluate the specifics of your case, gather evidence, file the necessary claims, and represent you in negotiations or court proceedings. They ensure that your rights are protected throughout the process and work to secure the best possible outcome for your case. ## Contact Our Chicago Employment Discrimination Lawyer For A Free Consultation If you believe you’ve been wrongfully terminated in retaliation for exercising your legal rights, it’s important to act quickly. At the Law Offices of Joshua D. McCann, LTD, we are dedicated to helping employees fight back against unlawful termination. Our team has extensive experience handling retaliatory discharge cases in Chicago, and we are committed to protecting your rights under Illinois and federal employment laws. To [receive your Free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Offices of Joshua D. McCann, LTD when you call (847) 450-1103. Our office is conveniently located in Lisle, Illinois, and we serve clients throughout the Chicago area. Let us help you seek the justice you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Discrimination Lawyer --- ### [How to Prove Retaliatory Discharge in Chicago](https://chicagolegalcounsel.com/how-to-prove-retaliatory-discharge-in-chicago/) **Published:** January 7, 2025 **Author:** msaawe **Content:** Losing a job is difficult under any circumstances, but being terminated for exercising your legal rights is particularly devastating. Retaliatory discharge is illegal under both Illinois and federal law, but proving that an employer violated these laws requires careful documentation and legal expertise. As employment lawyers in Chicago, we understand how challenging it can be to face [wrongful termination](https://www.usa.gov/wrongful-termination). Retaliatory discharge cases involve complex legal standards, and it’s critical to establish a clear connection between the protected activity you engaged in and the termination. Our goal is to explain how to prove retaliatory discharge, focusing on the legal requirements and strategies available under Illinois and federal laws. If you suspect that your termination was an act of retaliation, it’s important to know your rights and take immediate steps to protect them. Retaliatory discharge often occurs after an employee reports discrimination, files a workers’ compensation claim, or engages in other legally protected activities. By understanding the evidence and legal arguments required, you can position yourself to pursue justice effectively. ## **What Is Retaliatory Discharge?** Retaliatory discharge occurs when an employer terminates an employee for engaging in a legally protected activity. Both Illinois and federal laws prohibit employers from retaliating against workers who exercise their rights under workplace laws. Common examples of protected activities include: - Reporting workplace discrimination or harassment - Filing a claim for workers’ compensation benefits - Reporting unsafe working conditions to regulatory agencies - Participating in an investigation related to workplace violations - Exercising rights under the Family and Medical Leave Act (FMLA) Under Illinois law, retaliatory discharge claims are generally based on the [Illinois Human Rights Act (IHRA)](https://hrc.illinois.gov/rights.html) or the state’s common law protections. At the federal level, retaliation claims often involve statutes like [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), the [Occupational Safety and Health Act (OSHA)](https://www.osha.gov/laws-regs/oshact/completeoshact), or the [Americans with Disabilities Act (ADA)](https://www.ada.gov/). ## **Legal Standards For Proving Retaliatory Discharge** To prove a case of retaliatory discharge, you must establish the following elements: 1. **Engagement In A Protected Activity** – The first step is showing that you participated in an activity protected by law, such as filing a complaint about workplace discrimination or reporting unsafe working conditions. 2. **Adverse Employment Action** – You must prove that your employer took adverse action against you, such as termination, demotion, or another negative employment decision. 3. **Causal Connection** – The most challenging aspect is proving that there is a direct link between the protected activity and the adverse action. This often involves demonstrating that the employer’s stated reason for the termination was a pretext to hide retaliation. ## **Collecting Evidence For A Retaliatory Discharge Claim** Building a strong case requires careful documentation and evidence. The following types of evidence are critical in proving retaliatory discharge: - **Timing Of The Termination** – If the termination occurred shortly after you engaged in a protected activity, this proximity can support your claim. - **Employer Communications** – Emails, text messages, or other correspondence that reference your protected activity can serve as evidence of retaliation. - **Employment Records** – Performance evaluations, disciplinary records, and documentation of workplace incidents can help establish whether the employer’s stated reason for termination is legitimate. - **Witness Testimony** – Colleagues or supervisors who can testify about retaliatory behavior or statements made by management may strengthen your case. - **Complaints Or Reports** – Copies of formal complaints or reports you filed related to the protected activity are essential for establishing your initial engagement in a protected activity. ## **Employer Defenses In Retaliatory Discharge Cases** Employers often argue that the termination was based on legitimate business reasons unrelated to the protected activity. Common defenses include: - Poor job performance - Violation of company policies - Restructuring or layoffs unrelated to the protected activity To overcome these defenses, you must demonstrate that the employer’s stated reason is pretextual, meaning it is not the true reason for the termination. Evidence such as inconsistencies in the employer’s explanation or a pattern of retaliation against other employees can support your case. ## **Filing A Retaliatory Discharge Claim** In Illinois, you can file a retaliatory discharge claim with the appropriate agency or pursue a lawsuit in state or federal court. Depending on the specifics of your case, you may need to file a complaint with: - The Illinois Department of Human Rights (IDHR) for state law violations - The Equal Employment Opportunity Commission (EEOC) for federal law violations Each agency has specific filing deadlines, known as statutes of limitations. For example, you typically have 180 days to file a claim with the IDHR and 300 days to file a charge with the EEOC. Missing these deadlines can jeopardize your ability to pursue your case. ## **Damages Available In Retaliatory Discharge Cases** If you successfully prove retaliatory discharge, you may be entitled to various forms of compensation, including: - **Lost Wages** – Back pay for income lost as a result of the termination - **Reinstatement** – Returning to your former position or an equivalent role - **Emotional Distress** – Compensation for the psychological impact of wrongful termination - **Punitive Damages** – Additional damages designed to punish the employer for particularly egregious conduct - **Attorney’s Fees And Costs** – Reimbursement for the legal expenses incurred while pursuing the claim ## **Employment Termination Frequently Asked Questions** ### **What Is Considered A Protected Activity In Illinois?** A protected activity is any action taken by an employee to exercise their legal rights in the workplace. Examples include reporting workplace harassment, filing a workers’ compensation claim, reporting unsafe conditions to OSHA, or filing a complaint under the Illinois Human Rights Act. Engaging in these activities is legally protected, and employers cannot retaliate against employees for doing so. ### **How Do I Prove That My Termination Was Retaliation And Not For Another Reason?** To prove retaliation, you must establish a causal link between your protected activity and the adverse employment action. Evidence such as the timing of the termination, employer statements, inconsistencies in the employer’s explanation, and documentation of your protected activity can help show that the termination was retaliatory. ### **What Is The Timeline For Filing A Retaliatory Discharge Claim In Illinois?** The timeline depends on where you file your claim. If you file with the Illinois Department of Human Rights, you generally have 180 days from the date of the retaliatory action. For federal claims filed with the EEOC, the filing deadline is 300 days. Consulting with an attorney as soon as possible ensures that you meet these critical deadlines. ### **Can I Still File A Claim If My Employer Says I Was Fired For Poor Performance?** Yes, you can still file a claim. Employers often use performance issues as a pretext to hide retaliatory motives. If you can provide evidence that the stated reason for your termination is inconsistent with your work history or lacks credibility, you may be able to prove that retaliation was the true cause. ### **What Damages Can I Recover If I Prove Retaliatory Discharge?** If you successfully prove retaliatory discharge, you may recover lost wages, emotional distress damages, punitive damages, and attorney’s fees. In some cases, reinstatement to your former position may also be an option. The specific damages depend on the circumstances of your case and the applicable laws. ### **How Can An Attorney Help With A Retaliatory Discharge Case?** An attorney can evaluate the specifics of your case, gather evidence, file the necessary claims, and represent you in negotiations or court proceedings. They ensure that your rights are protected throughout the process and work to secure the best possible outcome for your case. ## **Contact Our Chicago Employment Discrimination Lawyer For A Free Consultation** If you believe you’ve been wrongfully terminated in retaliation for exercising your legal rights, it’s important to act quickly. At the Law Offices of Joshua D. McCann, LTD, we are dedicated to helping employees fight back against unlawful termination. Our team has extensive experience handling retaliatory discharge cases in Chicago, and we are committed to protecting your rights under Illinois and federal employment laws. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago retaliatory discharge lawyer](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) at the Law Offices of Joshua D. McCann, LTD when you call (847) 450-1103. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Retaliatory Discharge --- ### [Common Defenses Employers Use In Employment Discrimination Cases](https://chicagolegalcounsel.com/common-defenses-employers-use-in-employment-discrimination-cases/) **Published:** December 16, 2024 **Author:** msaawe **Content:** When we take on an employment discrimination claim, it’s crucial to recognize the common defenses employers use. Defending against discrimination requires a close understanding of both federal and Illinois laws, which set the rules for employees’ and employers’ rights. These cases can involve complicated legal arguments, with employer defenses often relying on technical and procedural details. Knowing what strategies employers might use helps us stay one step ahead, ready to identify and counter these defenses effectively. ## Lack Of Jurisdiction And Procedural Defenses One of the most common initial defenses employers may use is challenging the jurisdiction or procedure of the complaint. Employers may argue that an employee failed to meet the necessary procedural requirements before filing a lawsuit. For example, under federal law, a plaintiff typically needs to file a charge with the Equal Employment Opportunity Commission ([EEOC](https://www.eeoc.gov/)) before bringing a discrimination claim to court. In Illinois, the Illinois Department of Human Rights ([IDHR](https://dhr.illinois.gov/)) has similar filing requirements for state-level claims. If a plaintiff fails to follow these filing requirements or does not do so within the specified timeframe, an employer may argue that the case should be dismissed based on a lack of jurisdiction. In other words, they’ll claim that the court or agency does not have the authority to hear the case. This defense underscores the importance of acting promptly and understanding the required filing steps in both federal and Illinois procedures. ## Legitimate, Non-Discriminatory Reason For Action Another defense employers often use is the “legitimate, non-discriminatory reason” defense. Employers may claim that their actions were based on valid, lawful reasons unrelated to discrimination. According to [Title VII of the Civil Rights Act of 1964](https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination), as well as the Illinois Human Rights Act, employers are permitted to make decisions based on job performance, conduct, or other business-related criteria as long as they are not discriminatory. For instance, if an employee alleges they were terminated due to their race, gender, or age, the employer may counter by providing documented evidence that the termination was based on poor performance, attendance issues, or policy violations. By demonstrating a legitimate reason, the employer aims to show that discrimination was not a factor. However, we can challenge this defense by looking for inconsistencies in the employer’s explanation or by finding evidence of pretext—indications that the employer’s stated reason is merely a cover for discriminatory motives. ## Bona Fide Occupational Qualification (BFOQ) Defense In certain limited cases, employers may invoke a [Bona Fide Occupational Qualification (BFOQ)](https://www.eeoc.gov/laws/guidance/cm-625-bona-fide-occupational-qualifications) defense. Under Title VII and the Illinois Human Rights Act, an employer can argue that a particular characteristic—such as sex, age, or religion—is reasonably necessary to the normal operation of the business. The BFOQ defense is highly restricted and is generally only permitted in circumstances where the employer can demonstrate a clear business need for a specific attribute. For example, an employer might claim that hiring only female attendants in a women’s locker room is essential for privacy reasons. However, BFOQ defenses are difficult for employers to prove and must be directly related to the core job duties. We need to examine the details of any BFOQ claim closely, as it’s often applied inappropriately to justify discriminatory practices that are not truly job-related. ## Statute Of Limitations Another procedural defense employers may use is the statute of limitations, which refers to the time limits for bringing a claim. Under federal law, employees typically have 180 to 300 days to file a discrimination charge with the EEOC, depending on the state in which they’re filing. In Illinois, the statute of limitations for filing a discrimination complaint with the IDHR is 180 days for most claims, although some types of claims have extended deadlines. If an employee waits too long to file a claim, the employer can argue that the case should be dismissed due to the statute of limitations. This defense emphasizes the importance of acting quickly once an employee suspects discrimination. If anemployee misses the filing deadline, it can severely hinder the ability to pursue the case. However, there are circumstances, such as ongoing discrimination, that may allow for exceptions to the statute of limitations. We may need toargue for an exception if there’s evidence of continuous discriminatory conduct. ## Employee Misconduct And “After-Acquired Evidence” Defense In some cases, an employer may claim that an employee’s misconduct or policy violations justify the adverse employment action, even if they learned of this misconduct after the action was taken. This is known as the “after-acquired evidence” defense. For example, if an employee alleges they were wrongfully terminated, the employer might discover during litigation that the employee falsified documents or engaged in other misconduct. According to federal and Illinois law, while this defense may not bar a discrimination claim outright, it can limit the remedies available to the employee if proven. If an employer successfully uses an after-acquired evidence defense, it may reduce the compensation the employee can recover, particularly regarding back pay. However, it’s critical for us to scrutinize the timing and relevance of the misconduct evidence. If the employer was unaware of this evidence at the time of the adverse action, it weakens their argument that the misconduct justified the action in question. ## Business Necessity Defense The business necessity defense allows employers to argue that a specific practice or requirement is essential to business operations, even if it has a discriminatory impact. According to Title VII and the Illinois Human Rights Act, an employer must demonstrate that the requirement is job-related and consistent with business needs. Common examples include certain educational qualifications or physical requirements that might disproportionately affect a particular group. We can counter this defense by analyzing whether the requirement is genuinely necessary and whether alternative practices could achieve the same business purpose without a discriminatory impact. If we can show that the requirement is not essential to the job or that there are less discriminatory alternatives, we may successfully challenge the employer’s business necessity defense. ## Lack Of Evidence Or Inconsistent Testimony In discrimination cases, employers may also argue that the employee lacks sufficient evidence to support their claim. Employers may try to discredit the plaintiff’s testimony or evidence, arguing that it’s speculative or not credible. They may also point out inconsistencies in the employee’s statements to undermine their case. Federal and Illinois courts require that discrimination claims be supported by substantial evidence, including documents, witness testimony, or patterns of behavior. To counter this defense, we’ll need to provide strong, consistent evidence that demonstrates a pattern or practice of discrimination. Clear, reliable evidence can often overcome attempts by employers to dismiss a claim due to lack of evidence. ## Impact Of Employer Defenses On Remedies And Damages Employer defenses in discrimination cases can impact the remedies and damages available to employees. For example, if an employer successfully argues that they had a legitimate, non-discriminatory reason for the adverse action, the court may dismiss the claim, resulting in no damages for the employee. Alternatively, if an employer raises an after-acquired evidence defense, it could limit the back pay or front pay available to the employee. Federal law, including Title VII and Illinois law, provides various remedies for discrimination claims, including reinstatement, back pay, and compensatory damages. However, the impact of employer defenses on potential remedies reinforces the importance of preparing a thorough, well-supported case. Understanding these defenses helps us anticipate potential challenges and advocate effectively for fair compensation and justice on behalf of our clients. ## Discrimination Claim FAQs ### What Are Some Procedural Defenses Employers Might Use In Discrimination Cases? Employers may rely on procedural defenses to challenge the validity of a claim. Common procedural defenses include arguing that the employee missed the deadline for filing a complaint or failed to follow the proper steps before filing a lawsuit. Under federal law, employees are usually required to file a charge with the EEOC, while in Illinois, the complaint process often involves the IDHR. If these procedures aren’t followed correctly, an employer may argue that the court lacks jurisdiction to hear the case. ### How Can We Counter An Employer’s “Legitimate, Non-Discriminatory Reason” Defense? An employer may claim they had a legitimate reason for their action unrelated to discrimination. We can counter this defense by showing evidence of pretext, which suggests that the stated reason is a cover for discriminatory motives. Evidence of inconsistent treatment, discriminatory comments, or a pattern of biased behavior can weaken the employer’s defense and strengthen the employee’s claim. ### What Is A BFOQ Defense, And When Can It Be Used? The Bona Fide Occupational Qualification (BFOQ) defense allows an employer to argue that a specific trait, such as gender, is necessary for a job. For example, an employer might argue that only women can serve in a women’s locker room for privacy reasons. However, BFOQ is a limited defense and is only allowed when the qualification is essential for the job’s core functions. We often analyze whether the claimed qualification is truly job-related or if it’s being used to justify otherwise discriminatory practices. ### How Do Employers Use The Statute Of Limitations In Their Defense? Employers may argue that an employee waited too long to file a discrimination claim, using the statute of limitations as a defense. Federal law generally requires filing with the EEOC within 180 to 300 days of the discriminatory act, while Illinois has a 180-day limit for filing with the IDHR for most cases. If an employee misses this deadline, the employer may seek to dismiss the claim on that basis. However, in cases of ongoing discrimination, we can argue for exceptions to the statute of limitations. ### What Does “After-Acquired Evidence” Mean In An Employment Discrimination Case? After-acquired evidence refers to information the employer discovers after taking an adverse employment action, such as evidence of the employee’s misconduct. While it doesn’t necessarily prevent the employee from pursuing a claim, it can limit the damages they may recover if the court agrees with the employer. Employers may use this evidence to argue that they would have taken the same action had they known about the misconduct earlier. ## Contact Our Chicago Employment Discrimination Lawyer For A Free Consultation At the Law Offices of Joshua D. McCann, LTD, we are here to help you understand and navigate the complexities ofemployment discrimination cases. If you believe your employer has unfairly discriminated against you, or if you’re facing challenges in pursuing your claim, don’t hesitate to contact us. Our Chicago employment discrimination attorneys have the experience to advocate for your rights and fight against any employer defenses that may arise. To [receive your Free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Offices of Joshua D. McCann, LTD when you call (847) 450-1103. Our office in Lisle, Illinois, serves clients throughout Chicago, and we’re committed to providing the legal support you need in your discrimination case. Let’s work together to ensure your rights are protected and that you receive fair treatment in the workplace. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Discrimination Lawyer --- ### [Retaliatory Discharge: Understanding Your Rights As An Employee In Chicago](https://chicagolegalcounsel.com/retaliatory-discharge-understanding-your-rights-as-an-employee-in-chicago/) **Published:** December 3, 2024 **Author:** msaawe **Content:** Retaliatory discharge is a serious legal issue in Illinois and across the United States. When an employee faces termination due to engaging in lawful actions or exercising their rights, the law provides pathways to challenge this misconduct. Whether the issue involves reporting unsafe working conditions, filing for workers’ compensation, or participating in legally protected activities, employees are protected under both Illinois and federal laws. We will now explore key aspects of retaliatory discharge law and how it applies to Chicago employees, providing an overview of the legal protections in place and the options available if you’ve experienced wrongful termination. ## **What Is Retaliatory Discharge?** Retaliatory discharge occurs when an employer terminates an employee in response to the employee’s participation in protected activities. Protected activities are actions that employees are legally permitted to take without fear of losing their jobs or facing other adverse employment consequences. Examples include reporting illegal practices, filing complaints about unsafe work environments, claiming workers’ compensation benefits, or participating in whistleblower activities. Illinois recognizes retaliatory discharge as an exception to the state’s at-will employment doctrine, offering employees legal recourse if they have been wrongfully terminated for exercising their rights. Under federal law, the [Civil Rights Act of 1964](https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=In%201964%2C%20Congress%20passed%20Public,hiring%2C%20promoting%2C%20and%20firing.) and other statutes also offer protections for employees against retaliation. Illinois state law expands on these protections, recognizing specific rights for employees and providing avenues for legal action when those rights are violated. ## **Illinois Employment Law On Retaliatory Discharge** In Illinois, the tort of retaliatory discharge is based on judicial precedent rather than a specific statute. To succeed in a retaliatory discharge case, Illinois employees typically need to show two key elements: (1) they engaged in a protected activity, and (2) they were terminated in retaliation for that activity. For example, Illinois courts have upheld [retaliatory discharge claims](https://chicagolegalcounsel.com/resources/blog/retaliatory-discharge-and-the-public-policy-rule-in-illinois/#:~:text=Illinois%20courts%20have%20repeatedly%20held,for%20his%20activities%3B%20and%203.) for employees who were terminated after filing workers’ compensation claims or reporting illegal conduct by their employer. These activities, protected under Illinois law, ensure employees cannot be legally terminated for standing up for their legal rights. However, the scope of protected activities is specific; courts have generally limited retaliatory discharge claims to situations involving either workers’ compensation or public policy violations. ## **Federal Law Protections Against Retaliatory Discharge** On the federal level, several statutes protect employees from retaliatory discharge. The Occupational Safety and Health Act (OSHA) protects employees who report workplace safety violations, while [Title VII of the Civil Rights Act](https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination) prohibits retaliation against employees who report discrimination or harassment. The [Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla) also includes provisions that shield employees from retaliation if they take or request leave for medical reasons or family care. Each of these federal protections is designed to uphold employees’ rights in specific contexts, such as workplace safety or discrimination claims. Violating these statutes by retaliating against employees can expose employers to serious legal consequences, and employees can seek recourse through federal agencies or civil litigation. ## **How To Prove Retaliatory Discharge In Illinois** If you believe you were wrongfully terminated for participating in a protected activity, it’s important to understand what you’ll need to prove to make a strong case for retaliatory discharge in Illinois. Generally, to succeed in these cases, employees must show: - **Engagement in a Protected Activity** – This may include reporting illegal activities, filing a workers’ compensation claim, or asserting a statutory right. - **Causal Connection** – The employee must prove there is a link between their protected activity and the termination, showing the employer acted out of retaliation. - **Adverse Employment Action** – Evidence that the employee faced termination or another negative employment decision due to the protected activity. Gathering clear evidence for each of these elements is crucial. Documents such as filed complaints, event timelines, witness statements, and written communications can be very helpful to support your case. Illinois courts require strong evidence to pursue retaliatory discharge claims, so collecting any relevant records early can make a real difference. ## **Filing A Claim For Retaliatory Discharge** If you decide to pursue a retaliatory discharge claim, the first step involves determining whether to file your claim under state or federal law. In some cases, employees may need to file complaints with relevant agencies, such as the Equal Employment Opportunity Commission ([EEOC](https://www.eeoc.gov/)), for claims related to discrimination or OSHA for workplace safety violations. Filing with these agencies is sometimes a prerequisite for bringing a lawsuit. In Illinois, an employee can typically file a civil lawsuit in state court. Illinois law does not require employees to file a claim with a state agency before pursuing a retaliatory discharge lawsuit, which can expedite the process in some cases. However, each case is unique, and it is wise to seek experienced legal guidance to navigate the process effectively and understand the remedies available. ## **Legal Remedies For Retaliatory Discharge** If successful in a retaliatory discharge claim, employees may receive several forms of relief. Illinois courts may award: - **Back Pay** – Compensation for lost wages from the time of termination to the date of judgment. - **Reinstatement** – In some cases, the court may order the employer to reinstate the employee to their former position. - **Compensatory and Punitive Damages** – These may include emotional distress, attorney’s fees, and punitive damages if the employer’s conduct was especially harmful. Federal law provides similar remedies, often with additional provisions for damages under statutes like Title VII. For instance, if an employee’s rights under OSHA or the Civil Rights Act are violated, federal courts may award compensatory damages and attorney’s fees. ## **Defenses Employers May Use Against Retaliatory Discharge Claims** Employers responding to retaliatory discharge claims often use a few key defenses to challenge the allegations. The most common defenses include: - **Legitimate Business Reason** – The employer might argue that the termination was based on performance issues or organizational restructuring that had nothing to do with any protected activity. - **Lack of Causal Connection** – Employers may dispute the link between the employee’s protected activity and the termination, pointing to timing or other factors as unrelated to retaliation. - **Statute of Limitations** – Illinois law sets a time limit for filing retaliatory discharge claims, which could prevent an employee from moving forward if the deadline has passed. Employees should be ready to counter these defenses with solid evidence showing that the termination was indeed retaliatory. Having skilled representation is essential for building a strong case and effectively addressing the employer’s defenses. ## **Importance Of Seeking Legal Representation** Retaliatory discharge claims are legally complex and challenging to prove. At the Law Offices of Joshua D. McCann, LTD, we understand the intricacies of both Illinois and federal employment laws. Our attorneys are equipped to help clients gather necessary evidence, navigate the claim process, and pursue compensation for wrongful termination. If you believe you have been a victim of retaliatory discharge, consulting with a knowledgeable attorney can make all the difference in securing justice. ## **FAQs On Retaliatory Discharge** ### **What Is Considered A Protected Activity Under Illinois Law?** Protected activities in Illinois include actions like filing for workers’ compensation, reporting illegal activity, or participating in activities that align with public policy. For instance, if an employee files a complaint regarding workplace safety or discrimination, they are engaging in a protected activity under the law. Retaliation against employees for these activities violates Illinois’ legal standards, providing grounds for a retaliatory discharge claim. ### **How Can I Prove My Retaliatory Discharge Claim?** Proving a retaliatory discharge claim requires evidence of three main elements: (1) that you engaged in a protected activity, (2) a causal connection between your activity and the termination, and (3) proof that the employer’s decision to terminate was retaliatory. Documentation such as internal complaints, witness testimony, and a timeline of events can be instrumental in establishing a strong case. Working with an attorney can help gather and present this evidence effectively. ### **What Federal Laws Protect Employees From Retaliatory Discharge?** Federal laws, including the Occupational Safety and Health Act (OSHA), Title VII of the Civil Rights Act, and the Family and Medical Leave Act (FMLA), protect employees from retaliation for engaging in certain activities. These laws prohibit employers from terminating employees who report safety concerns, discrimination, or exercise rights to medical leave. Violations can lead to federal claims, often involving compensatory damages and other remedies. ### **What Remedies Are Available If I Win A Retaliatory Discharge Case?** If you prevail in a retaliatory discharge case, possible remedies may include back pay for lost wages, reinstatement to your former job, compensatory damages, and sometimes punitive damages. Illinois courts may also require the employer to cover legal fees. Federal law allows similar remedies, depending on the statute involved in the claim. ### **How Long Do I Have To File A Retaliatory Discharge Claim?** In Illinois, retaliatory discharge claims must generally be filed within the statute of limitations for employment claims. However, filing promptly is important. Federal retaliation claims, such as those under Title VII, often require filing with an administrative agency first, such as the EEOC, which has specific deadlines. Consulting with an attorney early can ensure you file within the necessary timeframe. ## **Call Our Chicago Retaliatory Discharge Lawyer For Your Free Consultation** If you’ve experienced wrongful termination in Chicago and believe you may have a case for retaliatory discharge, don’t hesitate to protect your rights. At the Law Offices of Joshua D. McCann, LTD, we’re committed to standing up for employees who’ve suffered unjust treatment at work. Let us help you pursue the justice and compensation you deserve. Contact our Chicago retaliatory discharge attorneys for a comprehensive consultation and to discuss your options. Contact our [Chicago retaliatory discharge lawyer](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) the Law Offices of Joshua D. McCann, LTD (847) 450-1103 to [receive a free consultation](https://chicagolegalcounsel.com/contact/). We represent clients throughout Chicago from our office in Lisle, Illinois, and are ready to help you understand and protect your rights in the workplace. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Retaliatory Discharge --- ### [Understanding Disability Accommodation Laws In Illinois](https://chicagolegalcounsel.com/understanding-disability-accommodation-laws-in-illinois/) **Published:** November 11, 2024 **Author:** msaawe **Content:** As a disability discrimination attorney in Chicago, I understand how important it is for individuals with disabilities to have the workplace accommodations they need. Under both federal and Illinois law, employees with disabilities are entitled to reasonable accommodations in the workplace. These accommodations are designed to make sure people with disabilities can perform their job duties effectively. Unfortunately, some employers fail to fulfill these legal obligations, leaving workers to face unfair and discriminatory conditions. If you or a loved one were denied an accommodation or feel like your rights have been violated, it is important that you understand your rights and how to protect those valuable legal rights. These laws are designed to protect workers with disabilities, ensuring they have the same opportunities as their colleagues. As a disability discrimination attorney, I am committed to helping individuals in Illinois fight for the accommodations they need and deserve. We will now look at the state and federal laws concerning disability accommodations in Illinois, discuss how you can file a claim if you are wrongfully denied accommodations, and outline the potential ramifications employers face for violating these laws. ## Legal Framework For Disability Accommodations In Illinois Under both federal and state law, employers in Illinois are required to provide reasonable accommodations to qualified employees with disabilities. Two primary laws protect workers in these situations: the [Americans with Disabilities Act (ADA)](https://www.ada.gov/) and the [Illinois Human Rights Act (IHRA)](https://hrc.illinois.gov/rights.html). ### Americans With Disabilities Act (ADA) The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in several areas, including employment. Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Employers with 15 or more employees are required to provide reasonable accommodations to disabled employees unless doing so would cause an undue hardship to the business. Reasonable accommodations can include things like modifying work schedules, restructuring job duties, providing assistive technology, or making the workplace more accessible. ### Illinois Human Rights Act (IHRA) In Illinois, the Illinois Human Rights Act ([775 ILCS 5/2-102(A)](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000)) extends protections to workers with disabilities, mirroring much of what the ADA covers but also offering broader protections. One key difference is that the IHRA applies to employers with one or more employees, which means more workers in Illinois are protected by state law than federal law. Under the IHRA, employers are obligated to provide reasonable accommodations to workers with disabilities unless doing so would impose an undue hardship. The definition of a “[reasonable accommodation](https://adata.org/faq/what-reasonable-accommodation#:~:text=Reasonable%20accommodation%20is%20any%20modification,to%20perform%20essential%20job%20functions.)” can vary, but it generally involves changes that enable the employee to perform essential job functions without imposing significant difficulty or expense on the employer. ### What Constitutes A Reasonable Accommodation? A reasonable accommodation includes changes or adjustments to a job or work environment that allow a person with a disability to perform the essential functions of their job. Some common accommodations include: • Adjusting work hours or providing flexible scheduling • Providing specialized equipment or software • Making the workplace accessible, such as installing ramps or modifying restrooms • Allowing for telework or remote work options • Reassigning non-essential duties to other employees While these are just examples, each situation is unique. The key point is that accommodations should allow the employee to perform the essential functions of their job without creating an undue hardship for the employer. According to the ADA and IHRA, employers are expected to engage in an interactive process with the employee to determine the most appropriate accommodations. ### Filing A Claim After Being Denied Accommodations In Illinois If you’ve been wrongfully denied an accommodation in Illinois, you have the right to take legal action. Here’s what you need to know about filing a claim: **Step 1: Document The Denial** The first step in protecting your legal rights is to gather evidence of the denial. This evidence should include written correspondence between you and your employer, notes from any meetings or discussions, and details of any accommodations you requested and why they were denied. Having a clear paper trail can be critical in proving your case. **Step 2: File A Complaint** Once you’ve documented your denial, you should contact our firm to help you file a complaint with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). • Filing with the EEOC – The EEOC enforces the ADA. You must file a complaint, or “charge of discrimination,” with the EEOC within 300 days of the discriminatory action. The EEOC will investigate the claim, and if it finds merit, it may attempt to resolve the issue through mediation. If mediation fails, the EEOC may file a lawsuit on your behalf, or they may issue you a “[Right to Sue](https://www.eeoc.gov/filing-lawsuit)” letter, allowing you to pursue legal action independently. • Filing with the IDHR – If your employer has fewer than 15 employees and is not subject to the ADA, you can file a complaint with the Illinois Department of Human Rights under the IHRA. The process is similar, with a 300-day window to file the complaint from the date of the discriminatory action. **Step 3: Seek Legal Representation** Once you’ve filed your complaint, it’s essential to consult with an experienced disability accommodation attorney. The law is complex, and navigating these processes on your own can be overwhelming. An attorney can help ensure that your case is handled correctly and increase your chances of a favorable outcome. ### Ramifications For Employers Who Fail To Provide Accommodations Employers who violate the ADA or IHRA by denying reasonable accommodations face significant legal consequences. Potential penalties include: • Compensatory Damages – If an employer is found to have violated the law, they may be required to compensate you for lost wages, medical expenses, and any other costs related to the denial of accommodations. • Injunctive Relief – Employers can be ordered to make sure their workplace is compliant with the law. • Punitive Damages – In some cases, courts could award punitive damages on employers who act with malice or reckless disregard for the law. Employers found in violation may also face reputational damage and potential future lawsuits from other employees if they fail to take corrective actions. ## FAQs About Disability Accommodations In Illinois ### What Qualifies As A Disability Under The ADA And IHRA? Under both the ADA and IHRA, a disability is a physical or mental impairment that substantially limits one or more major life activities. This can include conditions such as mobility impairments, vision or hearing loss, chronic illnesses, and mental health disorders. ### What Should I Do If My Employer Refuses To Provide A Reasonable Accommodation? If your employer refuses to engage in the interactive process or denies your request for reasonable accommodation, document everything and file a complaint with either the EEOC or IDHR. An experienced attorney can help guide you through the next steps. ### What Constitutes An “Undue Hardship” For Employers? An undue hardship refers to an accommodation that would be too difficult or expensive for the employer to implement, taking into consideration factors such as the size of the business, its financial resources, and the nature of the requested accommodation. Employers must prove that the accommodation is genuinely unfeasible to avoid providing it. ### How Long Do I Have To File A Claim After Being Denied An Accommodation? In Illinois, you have 300 days from the date of the discriminatory action to file a claim with the EEOC or IDHR. It’s essential to act quickly to ensure you meet this deadline. ### Can My Employer Retaliate Against Me For Requesting An Accommodation? No. Both the ADA and IHRA prohibit employers from retaliating against employees who request reasonable accommodations. If your employer takes adverse action against you for exercising your rights, you may have grounds for a retaliation claim. ## Contact Our Disability Accommodation Lawyer In Chicago For A Free Consultation If you’ve been wrongfully denied disability accommodation in the workplace, the Law Offices of Joshua D. McCann, LTD is here to help. I understand the challenges you face, and I am committed to protecting your rights. Contact our [disability accommodation lawyer in Chicago](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at The Law Offices of Joshua D. McCann, LTD by calling (847) 450-1103 to [receive a free consultation](https://chicagolegalcounsel.com/contact/). Let us fight for the accommodations you need and the justice you deserve. We serve clients in Schaumburg and Chicago as well as DuPage County, Kane County, and Will County. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Disability Accommodation Lawyer --- ### [The Impact Of Illinois Equal Pay Laws On Gender Wage Disparities](https://chicagolegalcounsel.com/the-impact-of-illinois-equal-pay-laws-on-gender-wage-disparities/) **Published:** November 4, 2024 **Author:** msaawe **Content:** As a Chicago equal pay lawyer, I’ve represented individuals who have suffered illegal gender wage discrimination. Illinois equal pay laws protect employees from unfair treatment when it comes to wages. These laws have addressed the wage disparities between men and women. If you or a loved one is being underpaid because of your gender, it’s important to understand your rights under the law and how you can seek justice. Gender wage disparity is not just a matter of inequality, it’s illegal. The [Illinois Equal Pay Act of 2003](https://labor.illinois.gov/faqs/equal-pay-faq.html#:~:text=The%20Equal%20Pay%20Act%20prohibits,quality%20of%20production%2C%20or%20factors) addresses these issues head-on, requiring employers to compensate employees equally for similar work, regardless of gender. In Illinois, employers comply with equal pay laws, and understanding the implications of these laws is critical for employees and employers alike. Wage discrimination doesn’t just impact an individual’s current earnings; it can affect long-term financial stability, retirement savings, and professional growth. I’ll now discuss how Illinois’ equal pay laws work, what legal steps you can take if you’ve been a victim of wage discrimination, and what employers need to know to remain compliant. ## Illinois Equal Pay Act And Its Amendments The Illinois Equal Pay Act (EPA) was enacted to close the wage gap between men and women performing the same or substantially similar work. Under the law, employers are prohibited from paying employees differently based on gender when they perform tasks that require equal skill, effort, and responsibility under similar working conditions. In 2021, the state expanded the EPA’s scope by passing amendments that strengthened protections for employees and increased penalties for employers who violate the law. These amendments specifically addressed areas such as wage transparency, employer reporting requirements, and retaliation protection for employees who inquire about or disclose their wages. ## Key Provisions Of The Illinois Equal Pay Act 1. **Prohibition of Wage Disparities** – The EPA prohibits wage discrimination based on gender for similar work performed under similar conditions. 2. **Wage Transparency** – Employers cannot ask for a job applicant’s wage history. This prevents past wage discrimination from carrying over to new employment. 3. **Equal Pay Certification** – Employers in Illinois with more than 100 employees are now required to obtain an Equal Pay Certification from the Illinois Department of Labor (IDOL). 4. **Retaliation Protection** – Under the EPA, it is illegal for employers to retaliate against employees who file a complaint, discuss wages with coworkers, or participate in an investigation related to wage discrimination. This protection makes sure that employees can assert their rights without fear of adverse consequences. 5. **Civil Penalties and Remedies** – Employers who violate the Illinois Equal Pay Act will face significant penalties, such as back pay, damages, and civil fines. ## What Should You Do If You’ve Experienced Wage Discrimination? If you are being paid less than your male counterparts for performing the same or similar work, you have the right to take legal action under Illinois law. Filing a claim for wage discrimination can feel overwhelming, but with the right legal guidance, you can seek the compensation and justice you deserve. To file a claim, you need to provide evidence that you are being paid less than a male employee performing similar work. Evidence can include pay stubs, job descriptions, and any documentation that shows the similarities in job responsibilities between you and the higher-paid employee. Once your claim is filed with the Illinois Department of Labor, they will investigate the case and determine whether a violation of the EPA has occurred. In some cases, you may be able to settle your claim through negotiation with your employer. However, if a resolution cannot be reached, you may need to pursue legal action in court to recover the wages you are owed. ## Illinois Equal Pay Act FAQs ### How Does The Illinois Equal Pay Act Define “Substantially Similar” Work? “Substantially similar” work refers to jobs that require equal effort, skill, and responsibility and are performed under similar working conditions. This doesn’t mean that the job titles must be identical, but the core tasks, duties, and responsibilities must be comparable. ### Can My Employer Ask About My Previous Salary During A Job Interview? No. In Illinois, employers are prohibited from asking about your past salary during the hiring process. ### What Should I Do If I Think I’m Being Paid Less Because Of My Gender? If you suspect that your employer is paying you less based on your gender, you should consult with an attorney who can help you evaluate your case. You can also file a complaint with the Illinois Department of Labor, which will investigate your claim. ### Can I Be Fired For Discussing My Wages With Coworkers? No. The Illinois Equal Pay Act protects employees from retaliation for discussing their wages with colleagues. Employers cannot punish you for sharing wage information or inquiring about pay disparities in the workplace. ### How Long Do I Have To File A Wage Discrimination Claim In Illinois? You have up to five years to file a claim under the Illinois Equal Pay Act. However, it is always best to take action as soon as possible to ensure that evidence and documentation are readily available for your case. ### What Penalties Can Employers Face For Violating Equal Pay Laws In Illinois? Employers found in violation of the Illinois Equal Pay Act may be required to pay back wages, compensatory damages, and civil fines. In addition, they may face legal action and damage to their reputation, particularly if they fail to comply with Equal Pay Certification requirements. ## Contact Our Chicago Equal Pay Lawyer For Your Free Consultation The Law Offices of Joshua D. McCann, LTD is committed to helping clients who have experienced gender wage discrimination fight for fair treatment in the workplace. If you believe that your employer has violated Illinois’ equal pay laws, contact our [Chicago equal pay lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) by calling [(847) 450-1103](tel:8474501103) to [receive a free consultation](https://chicagolegalcounsel.com/contact/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Equal Pay Lawyer --- ### [What To Do If You’re Fired After Reporting Discrimination](https://chicagolegalcounsel.com/what-to-do-if-youre-fired-after-reporting-discrimination/) **Published:** June 17, 2025 **Author:** msaawe **Content:** ## Retaliation And Wrongful Termination As experienced attorneys, we understand how difficult and unsettling it can be to lose your job after reporting workplace discrimination. It’s not only emotionally taxing, but it may also leave you questioning your legal rights and options. Under both federal and Illinois law, wrongful termination, including retaliation after reporting discrimination, is illegal. If you’ve been fired or faced adverse action after standing up against discrimination in the workplace, you may have legal grounds to file a claim. In this article, we will discuss retaliation and wrongful termination, explain the legal ramifications, and outline the steps you can take to protect your rights. We will also examine the relevant laws that apply to these types of cases and offer advice on what to do if you find yourself in this unfortunate situation. ### What Is Retaliation And Wrongful Termination? Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as reporting discrimination, harassment, or other unlawful workplace conduct. Wrongful termination refers to being fired in violation of the law or employment agreement. If you were fired after complaining about discrimination, your termination may be deemed wrongful. Adverse actions include being fired, demoted, denied promotion, reassigned, or subjected to any action that harms your employment status. Federal and Illinois law provide protection to employees who report unlawful discrimination in the workplace. ### Relevant Federal Laws Protecting Employees Against Retaliation Under federal law, retaliation is prohibited by several key statutes: - **Title VII of the Civil Rights Act of 1964** – Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin. It also protects employees who file complaints of discrimination or participate in investigations regarding discrimination. If you are fired or otherwise retaliated against for reporting discrimination under Title VII, you may have a legal claim for wrongful termination. - **The Age Discrimination in Employment Act (ADEA)** – The ADEA protects employees over the age of 40 from discrimination based on age. If you report age discrimination and face retaliation, you are entitled to protection under this law. - **The Americans with Disabilities Act (ADA)** – The ADA prohibits discrimination against individuals with disabilities in the workplace. If you report violations of the ADA, such as discrimination based on a disability, retaliation is prohibited under federal law. - **The Family and Medical Leave Act (FMLA)** – The FMLA provides eligible employees with job-protected leave for certain medical reasons. Retaliation for taking FMLA leave or reporting a violation of the FMLA is prohibited. ## Illinois State Laws On Retaliation And Wrongful Termination In Illinois, employees are further protected by the Illinois Human Rights Act (IHRA). This law provides comprehensive protections against workplace discrimination based on race, color, religion, sex, sexual orientation, disability, age, and other factors. The [Illinois Whistleblower Act](https://www.illinois.gov/services/service.whistleblower-protection.html) also protects employees who report violations of law. If you report illegal activities in the workplace, including discrimination or harassment, and are retaliated against, this law may apply. Additionally, Illinois law prohibits discrimination and retaliation for filing claims under the [Illinois Wage Payment and Collection Act](https://labor.illinois.gov/laws-rules/fls/wage-payment-collection.html) (IWPCA) and the Illinois Workers’ Compensation Act. If your report involves wage disputes, workplace safety issues, or other concerns, retaliatory actions taken against you can form the basis of a legal claim. ### Legal Ramifications of Retaliation and Wrongful Termination If you have been retaliated against or wrongfully terminated after reporting discrimination, there are serious legal consequences for the employer. The potential legal ramifications include: - **Back Pay and Front Pay** – If your wrongful termination claim is successful, you may be entitled to back pay for the wages you lost due to being fired. Front pay may also be awarded if reinstating your position is not feasible. - **Emotional Distress Damages** – In some cases, employees who are subjected to wrongful termination due to retaliation may also be entitled to compensation for emotional distress, anxiety, and other non-economic damages. - **Punitive Damages** – Employers may be ordered to pay punitive damages if it is found that they acted with malice or gross negligence in retaliating against an employee. - **Reinstatement or Promotion** – If the court finds in your favor, it may order your reinstatement to the previous position or a promotion if that is appropriate. ### Steps to Take If You’re Fired After Reporting Discrimination If you have been fired or retaliated against after reporting discrimination, here are the steps you should take: 1. **Document Everything** – Keep detailed records of all communications, including emails, memos, or verbal conversations, related to your complaint. Document any adverse actions that followed your report. 2. **Report the Retaliation** – If you haven’t already, report the retaliation to your employer’s human resources department or to the appropriate governmental agency. 3. **File a Complaint with the Equal Employment Opportunity Commission (EEOC)** – The EEOC is responsible for investigating claims of discrimination and retaliation under federal law. You must file a complaint with the EEOC before pursuing a lawsuit. 4. **Consult with an Experienced Employment Attorney** – An experienced attorney specializing in retaliatory discharge and wrongful termination cases can assess your situation and help you determine your legal options. They can also represent you during the EEOC process or in court if necessary. 5. **File a Lawsuit** – If your case is not resolved through the EEOC or other agency, your attorney can help you file a lawsuit in federal or state court, depending on the laws that apply to your case. ### Key Defenses Employers May Use Employers may attempt to defend against retaliation claims by asserting several defenses: - **Legitimate, Non-Retaliatory Reasons** – Employers may argue that the termination or adverse action was based on legitimate reasons unrelated to your report of discrimination, such as performance issues or business necessity. - **At-Will Employment** – Illinois is an “at-will” employment state, meaning an employer can generally fire an employee for any reason, as long as the reason is not illegal. However, retaliation for reporting discrimination is one of the exceptions to the at-will doctrine. - **Lack of Evidence** – Employers may claim that there is insufficient evidence to support your claim of retaliation or that the adverse action taken was not in response to your report. ## Common Questions About Retaliation And Wrongful Termination ### What Should I Do If I Think I’ve Been Fired For Reporting Discrimination? The first step is to document all interactions related to the complaint and the termination. Then, file a complaint with the EEOC or the Illinois Department of Human Rights. Consulting with an experienced attorney is essential to help you navigate the legal process. ### Can I Sue My Employer For Wrongful Termination In Illinois? Yes. Illinois employees can file wrongful termination claims if they are fired for illegal reasons, including retaliation for reporting discrimination. You may be entitled to back pay, reinstatement, or other damages if your claim is successful. ### How Long Do I Have To File A Claim For Wrongful Termination Or Retaliation? Under federal law, you generally have 180 days from the date of the retaliation or wrongful termination to file a complaint with the EEOC. In Illinois, the deadline may be extended to 300 days, depending on the specific statute that applies. ### Can My Employer Fire Me For Reporting Discrimination? No. Federal and Illinois law prohibit employers from firing employees for reporting discrimination or participating in discrimination investigations. If you were fired for this reason, you may have grounds for a wrongful termination claim. ### What Damages Can I Recover If I Win A Wrongful Termination Case? You may be entitled to back pay, front pay, emotional distress damages, and, in some cases, punitive damages. Your attorney can help determine the appropriate compensation based on the facts of your case. ## Contact The Law Offices of Joshua D. McCann, LTD For A Free Case Review If you have been wrongfully terminated or retaliated against for reporting discrimination, you do not have to face this situation alone. The Law Offices of Joshua D. McCann, LTD is here to help. We have years of experience handling retaliation and wrongful termination cases for clients throughout Chicago and Illinois. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law attorney](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) at the Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:18474501103). Let us fight for your rights and work to secure the justice you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Wrongful Termination --- ### [Don’t Sign That Severance Agreement Until You Read This](https://chicagolegalcounsel.com/dont-sign-that-severance-agreement-until-you-read-this/) **Published:** July 1, 2025 **Author:** msaawe **Content:** As employment lawyers serving clients throughout the Chicago area, we’ve reviewed hundreds of severance agreements, and we know how tempting it is to sign quickly. You’re likely facing a difficult situation: your employment just ended, you’re worried about bills, and a severance package might seem like a lifeline. But before you sign anything, stop and read carefully. Severance agreements are legal contracts, and once you sign, you could be giving up important rights under both federal and Illinois law. You owe it to yourself to make an informed decision. Severance agreements are often written to favor the employer. While some offer fair compensation for your cooperation and release of claims, others may attempt to limit your legal options, waive your rights, or impose unnecessary restrictions. That’s why we always recommend reviewing these agreements with a qualified employment attorney before signing. What’s written in the fine print matters. ## What A Severance Agreement Really Means A severance agreement is a legal contract between you and your former employer. In most cases, it offers you compensation in exchange for releasing the company from liability. That release usually includes giving up the right to sue your employer under key federal and state laws, like [Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), the [Americans with Disabilities Act](https://www.ada.gov/) (ADA), the [Age Discrimination in Employment Act](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) (ADEA), and the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266). You may also be waiving rights under the [Fair Labor Standards Act](https://www.dol.gov/agencies/whd/flsa) (FLSA), the [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (FMLA), and state laws involving unpaid wages or overtime. Once you sign, you may be permanently barred from bringing legal claims related to wrongful termination, harassment, discrimination, or retaliation—even if you didn’t know your rights were violated at the time. ### Illinois Employment Law And Severance Agreements Under the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&SeqStart=100000&SeqEnd=600000)), employees have protection against discrimination based on race, gender, age, disability, religion, and other protected characteristics. If you were fired or laid off for a discriminatory reason, signing a severance agreement with a release clause could prevent you from pursuing a legal claim. Illinois also enforces strict rules under the Illinois Wage Payment and Collection Act ([820 ILCS 115/1 et seq.](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2402)), which ensures that employees receive all earned wages, bonuses, and accrued vacation time. Some severance agreements may attempt to bundle unpaid compensation with severance pay to discourage separate claims. ### Special Considerations Under Federal Law If you are 40 or older, your severance agreement must comply with the Older Workers Benefit Protection Act (OWBPA), which is part of the ADEA. Federal law requires that any release of age discrimination claims: - Be written in clear, understandable language - Give you at least 21 days to review the agreement - Allow 7 days after signing to revoke the agreement If your employer fails to follow these rules, the waiver of your rights may be invalid under 29 U.S. Code § 626(f). If you’re part of a group layoff, the agreement may also need to comply with the Worker Adjustment and Retraining Notification (WARN) Act, which requires advance notice for large-scale layoffs. A severance package may try to settle potential WARN Act claims, which is why it’s essential to understand the full context of your termination. ## What You Might Be Giving Up Here are some common rights employees unknowingly waive when signing severance agreements: - The right to sue for discrimination under federal or Illinois law - Claims for unpaid wages, commissions, or bonuses - Protection under whistleblower laws like the Sarbanes-Oxley Act or the Illinois Whistleblower Act (740 ILCS 174) - Eligibility to collect unemployment benefits if the agreement includes misleading language - The ability to work for competitors due to non-compete or non-solicitation clauses These agreements may also contain non-disparagement clauses, confidentiality provisions, or cooperation clauses that restrict what you can say or do after you leave the company. ## Why You Should Never Sign Without Legal Review Employers are not required to offer severance, and you’re not required to accept it. That means you have room to negotiate, especially if your termination involved questionable conduct. We can often help clients secure better terms, additional pay, or modifications to restrictive clauses. Once signed, though, most agreements are final. We review every word of the agreement to make sure you’re not giving up more than what’s fair. We also examine the circumstances of your termination to determine if legal claims exist and whether signing the agreement is in your best interest. ## Common Questions About Severance Agreements In Illinois ### What Is A Fair Amount Of Severance Pay In Illinois? There is no law requiring severance pay in Illinois unless it’s outlined in an employment contract or company policy. That said, many employers offer one or two weeks’ pay for every year of service. What’s considered fair depends on your position, the reason for termination, and whether you’re giving up valuable legal rights. If you’re being asked to sign a release, the compensation should reflect that. ### Can I Collect Unemployment If I Accept Severance Pay? In Illinois, you may still qualify for unemployment benefits even if you receive severance. However, if the severance pay is issued as continued salary over time (also called salary continuation), it may delay your benefits. It’s important to clarify how severance will be paid and how it’s reported to the Illinois Department of Employment Security (IDES). ### What Happens If I Have Already Signed The Agreement? If you’ve already signed the agreement, your options may be limited, but not always. If you were over 40 and the employer didn’t follow OWBPA guidelines, or if you were pressured into signing without time to review, the agreement may be challenged. Contact an attorney immediately to review your situation and see if the waiver is enforceable. ### Can I Negotiate The Terms Of A Severance Agreement? Yes, and we recommend doing so. Severance agreements are not take-it-or-leave-it in many cases. We often negotiate for more severance pay, continued health insurance, a neutral reference, or the removal of restrictive clauses like non-compete agreements. Employers want closure, but they also want your signature, so you have leverage. ### Is A Non-Compete Clause Enforceable In Illinois Severance Agreements? Under Illinois law, non-compete clauses are enforceable only if they meet specific requirements. Recent amendments to the Illinois Freedom to Work Act (820 ILCS 90) have limited their use, especially for lower-earning employees. We evaluate these clauses carefully and may be able to modify or remove them as part of the severance negotiation. ### Do I Need A Lawyer To Review My Severance Agreement? We strongly recommend it. Employers typically have legal teams draft these agreements. You should have someone on your side who understands both federal and Illinois law and can advise you about the legal and financial impact. An attorney can also help protect you from unknowingly waiving your rights. ### Will Signing A Severance Agreement Prevent Me From Filing A Discrimination Complaint? If the agreement includes a release of claims, you are likely waiving your right to file a lawsuit. However, in some cases, you may still file a charge with the EEOC or Illinois Department of Human Rights (IDHR). These rights depend on the language of the agreement and how it was executed. That’s why it’s important to understand what you’re signing. ### Can I Be Forced To Sign A Severance Agreement? No. You cannot be forced to sign. However, employers may condition severance pay on your willingness to accept the terms. If the offer seems unfair or if you have possible legal claims, you are under no obligation to agree. You have the right to review, negotiate, or reject the offer entirely. ## Talk To An Employment Attorney Before You Sign Anything At Law Offices of Joshua D. McCann, LTD, we’ve helped countless employees throughout Chicago protect their rights when faced with severance agreements. We don’t just review your contract—we help you understand what it means, what’s at stake, and whether you should push for more. Before signing away your rights, get legal clarity. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:18474501103). We represent clients throughout Chicago from our office in Lisle, Illinois, and we’re ready to stand up for your rights. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [Blowing the Whistle In Chicago: How Illinois Protects You from Retaliation](https://chicagolegalcounsel.com/blowing-the-whistle-in-chicago-how-illinois-protects-you-from-retaliation/) **Published:** July 15, 2025 **Author:** msaawe **Content:** As employment attorneys serving clients across Chicago, we understand how intimidating it can be to report wrongdoing at work. Employees often hesitate to speak up out of fear—fear of getting demoted, transferred, harassed, or even fired. However, both federal and Illinois laws protect workers who report unlawful activity in good faith. If your employer punishes you for doing the right thing, that’s [workplace retaliation](https://www.eeoc.gov/retaliation), and it’s illegal. Whether you’ve witnessed discrimination, wage theft, unsafe conditions, government fraud, or other unlawful behavior, the law is on your side. Whistleblower protections exist to ensure employers cannot silence you or punish you for telling the truth. But these protections only work if you know your rights and act quickly. That’s where we come in—our legal team is here to make sure your voice is heard and your career is protected. Let’s look at how Illinois and federal laws protect [whistleblowers](https://www.whistleblowers.gov/) from retaliation in the workplace and what your options are if you’ve already been targeted. ## What Counts As Whistleblowing In The Workplace? Whistleblowing involves reporting illegal, unsafe, or unethical behavior either inside your company or to an outside authority. This can include: - Reporting discrimination or harassment to HR - Complaining to OSHA about unsafe work conditions - Alerting the IRS to tax fraud - Reporting wage and hour violations - Filing a complaint with the EEOC or IDHR - Cooperating with a workplace investigation - Reporting misuse of public funds or government contracts It does not matter whether the misconduct you report is ultimately proven. What matters is that you made the report in good faith—meaning you genuinely believed something unlawful or dangerous was happening. ## Federal Laws That Protect Whistleblowers From Retaliation Several federal laws provide strong protections for whistleblowers: - Title VII of the Civil Rights Act (42 U.S.C. § 2000e-3(a)) makes it unlawful to retaliate against employees who report discrimination based on race, sex, religion, or other protected characteristics. - The False Claims Act (31 U.S.C. § 3730(h)) protects workers who report fraud involving federal contracts or programs. - Occupational Safety and Health Act (OSHA – 29 U.S.C. § 660(c)) protects those who report workplace safety violations. - Fair Labor Standards Act (FLSA – 29 U.S.C. § 215(a)(3)) prohibits retaliation for complaints about wage and hour violations. - Sarbanes-Oxley Act (18 U.S.C. § 1514A) protects employees of publicly traded companies who report securities fraud. - Dodd-Frank Act (15 U.S.C. § 78u-6(h)) gives additional protection for whistleblowers in the financial sector, especially involving fraud. If you were fired, demoted, reassigned, or harassed after reporting something covered by one of these laws, you may be able to file a federal retaliation claim. ## Illinois Laws That Protect Whistleblowers Illinois has strong laws that offer protection beyond federal statutes: - Illinois Whistleblower Act (740 ILCS 174/) prohibits employers from retaliating against employees who disclose information to a government or law enforcement agency or who refuse to participate in unlawful conduct. - Illinois Human Rights Act (775 ILCS 5/6-101) makes it illegal for an employer to retaliate against someone who has opposed discrimination or filed a complaint. - Illinois Workers’ Compensation Act (820 ILCS 305/4(h)) protects employees who file workers’ compensation claims from retaliation. - Illinois Wage Payment and Collection Act (820 ILCS 115/14(c)) protects employees who file wage complaints. These protections apply to public and private sector employees. Under Illinois law, you may be entitled to reinstatement, back pay, compensation for emotional distress, and even punitive damages in some cases. ## What Does Retaliation Look Like? Retaliation is not always obvious. It doesn’t have to be a direct firing. Retaliation can include: - Termination or forced resignation - Denial of a promotion - Unwanted job transfers - Sudden disciplinary actions - Harassment or exclusion - Reduction in pay or hours - Hostile work environment after your report If the action would deter a reasonable person from speaking up, it likely qualifies as retaliation under Illinois and federal law. ## How And When To File A Whistleblower Retaliation Claim Time limits are critical. Depending on the law involved, you may have: - 180 days to file with the EEOC (federal discrimination claims) - 300 days to file with the Illinois Department of Human Rights (IDHR) - 2 years under the Illinois Whistleblower Act - 3 years for False Claims Act retaliation The first step is documenting everything—emails, performance reviews, write-ups, and any evidence that shows your report and the retaliation that followed. Then, talk to an employment attorney. We’ll evaluate your situation, determine the right venue for your claim, and file all the necessary documents before the deadlines. ## What Compensation Can You Recover In A Retaliation Case? Successful whistleblower retaliation claims in Illinois may lead to: - Reinstatement to your job - Back pay with interest - Compensation for emotional distress - Legal fees and court costs - Punitive damages in some cases Each case is different, and the outcome depends on the facts, the timeline, and the strength of the evidence. We work closely with you to build a strong case and pursue the justice you deserve. ## Why Legal Representation Matters We’ve represented many workers who were targeted for simply doing the right thing. Employers often deny wrongdoing, shift blame, or retaliate in ways that seem subtle but are still illegal. Having experienced legal representation means you don’t have to face this alone. We know how to gather evidence, identify violations, and fight for your rights in court or in front of the relevant administrative agencies. ## Frequently Asked Questions About Whistleblower Retaliation In Chicago ### What Should I Do If I’m Being Retaliated Against For Reporting Misconduct? Start by documenting everything. Keep copies of emails, performance reviews, and any communication related to your complaint. Write down dates, names, and what was said. Then, contact an employment attorney. You may have legal protection under both state and federal laws, but your window to act may be limited. ### Does My Report Have To Be 100% Correct For Me To Be Protected? No. You are protected as long as you report the conduct in good faith, meaning you genuinely believe the issue was illegal or unsafe. Even if it turns out there was no actual violation, you cannot be punished simply for raising the concern honestly. ### Can I Be Fired For Being A Whistleblower? Legally, no. But that doesn’t stop some employers from trying. If you’re fired after making a complaint or cooperating with an investigation, that could be grounds for a retaliation lawsuit. We can help you pursue reinstatement, back pay, and damages. ### What If I Was Told Not To Report Something But Did It Anyway? You still have protection. Under the Illinois Whistleblower Act and federal laws, your employer cannot prevent you from reporting illegal activity. Even if you went against a manager’s directive, the law protects your right to report misconduct to authorities. ### How Long Do I Have To File A Retaliation Claim? It depends on the law involved. For example, under the Illinois Whistleblower Act, you generally have two years. For discrimination-based retaliation, you typically have 180 to 300 days, depending on whether you file with the EEOC or IDHR. Acting quickly is essential to preserve your claim. ### Can I Be Retaliated Against For Reporting Something Anonymously? Yes, if your employer figures out you were the source and takes adverse action. Even if you used an anonymous tip line, you are still protected under Illinois and federal law if retaliation follows. We can help determine if your case qualifies. ### What If The Retaliation Was Subtle Or Informal? Even subtle forms of retaliation—like being left out of meetings, denied opportunities or reassigned unfairly—may be illegal. If the treatment would discourage a reasonable person from reporting misconduct, it likely qualifies as retaliation under employment law. ### Do I Need Proof Of Retaliation? Strong documentation helps your case, but even without direct evidence, we may be able to prove retaliation through the timing of events, witness testimony, and employer actions. Many cases rely on circumstantial evidence combined with a clear timeline. ### Can I Recover Damages For Emotional Distress? Yes. If you’ve suffered emotional harm due to retaliation—such as anxiety, stress, or reputational damage—you may be entitled to compensation. We include emotional distress as part of your damages when the facts support it. ### What Kind Of Attorney Should I Hire For A Retaliation Case? You should work with a firm that focuses on employment law and understands both Illinois and federal whistleblower protections. The Law Offices of Joshua D. McCann, LTD has handled retaliation cases throughout the Chicago area and can guide you through the legal process with confidence. ## Speak With Our Chicago Whistleblower Retaliation Attorney Today At the Law Offices of Joshua D. McCann, LTD, we fight for employees who have been mistreated for doing the right thing. If you’ve been punished for reporting illegal conduct, we’re here to help you protect your job and your rights. If you believe you’re the target of workplace retaliation, contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) by calling [(847) 450-1103](tel:18474501103) today to [receive your free consultation](https://chicagolegalcounsel.com/contact/). Our firm represents clients throughout Chicago from our office in Lisle, Illinois. Don’t wait—protect your rights and your future. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Retaliatory Discharge --- ### [Understanding Constructive Discharge in Illinois](https://chicagolegalcounsel.com/understanding-constructive-discharge-in-illinois/) **Published:** August 12, 2025 **Author:** msaawe **Content:** ## When Quitting Feels Like Being Fired As employment lawyers serving clients across the Chicago area, we’ve spoken to many workers who say, “I didn’t want to quit—I had to.” That statement often signals something more serious than a difficult job. In some cases, it reflects a situation where an employer made working conditions so intolerable that a reasonable person would feel they had no choice but to resign. This is what the law refers to as constructive discharge. Even though the employee technically quits, the resignation is treated under the law as if the employer fired them. That means legal rights, including the ability to sue for wrongful termination or retaliatory discharge, may still apply. Illinois and federal laws protect workers from being forced out of their jobs through unlawful treatment. Constructive discharge claims often arise in retaliation cases, discrimination cases, and hostile work environment situations. We’ve handled many cases where employees were pushed out for reporting illegal behavior, complaining about harassment, or asserting their workplace rights. If your resignation felt like the only option left, the law may be on your side. ## What Is Constructive Discharge Under Federal Law Under federal law, constructive discharge occurs when working conditions become so intolerable that a reasonable employee in the same position would feel forced to resign. The U.S. Supreme Court formally recognized constructive discharge in the case of [*Pennsylvania State Police v. Suders*](https://supreme.justia.com/cases/federal/us/542/129/), 542 U.S. 129 (2004). In that decision, the Court clarified that when an employer deliberately makes an employee’s life at work unbearable, quitting may be treated the same as a termination. Constructive discharge is not a separate legal claim by itself—it supports claims like retaliation, discrimination, or hostile work environment. For example, if an employee resigns because of ongoing sexual harassment that the employer failed to stop, the resignation may be considered a constructive discharge under Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e et seq.](https://www.law.cornell.edu/uscode/text/42/2000e)). To succeed in a constructive discharge case under federal law, we must typically show: - The working conditions were objectively intolerable - The employer intended to force the employee to resign or knowingly permitted the conditions - A reasonable person in the same situation would have felt compelled to quit We often work with clients to gather emails, performance reviews, HR complaints, witness statements, and other evidence showing a pattern of mistreatment leading up to the resignation. ## Constructive Discharge And Illinois Employment Law Illinois recognizes constructive discharge under its own legal framework as well. Courts in Illinois have held that a resignation can be considered involuntary if it results from coercive or intolerable working conditions. Constructive discharge supports claims under the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://law.justia.com/codes/illinois/chapter-775/act-775-ilcs-5/)), which prohibits employment discrimination based on race, sex, religion, disability, age, and other protected categories. Additionally, constructive discharge can play a role in claims of retaliatory discharge under Illinois law. Illinois is an at-will employment state, but employers still cannot retaliate against employees for exercising legal rights, such as: - Reporting workplace safety violations - Filing for workers’ compensation - Whistleblowing under the Illinois Whistleblower Act ([740 ILCS 174/1 et seq.](https://law.justia.com/codes/illinois/2021/chapter-740/act-740-ilcs-174/)) - Reporting unlawful discrimination or harassment If the retaliation becomes unbearable and leads to resignation, that resignation may qualify as a constructive discharge. In such cases, we build a legal argument that the employer’s conduct amounted to an indirect firing—one that still triggers the legal protections available to fired employees. ## Signs That Suggest Constructive Discharge We encourage employees to document and speak with an attorney when any of the following signs appear: - Repeated harassment by supervisors or coworkers that management fails to address - Drastic changes in job duties are meant to demean or marginalize the employee - Sudden demotion or pay cuts without cause - Exclusion from meetings, communications, or opportunities - Unreasonable discipline or write-ups after reporting misconduct - Threats of termination or retaliation for legal complaints - Hostile or unsafe working environments after asserting your rights These are red flags. If an employer’s conduct drives you out the door, you may not be “just quitting”—you may have a legal claim. ## Why Constructive Discharge Cases Require Strategic Legal Help Constructive discharge cases are complex. The employer will almost always argue that you left voluntarily and that they didn’t force you to quit. That’s why evidence matters. We work closely with clients to reconstruct a timeline of events showing how the working conditions became intolerable and how the employer knew—or should have known—what was happening. We also handle communication with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR), where complaints must be filed before a lawsuit can move forward. Timing is critical. Under federal law, most discrimination or retaliation claims must be filed with the EEOC within 300 days of the last unlawful act. Under Illinois law, the filing deadline with the IDHR is typically 300 days as well. Whether your claim is based on sexual harassment, racial discrimination, disability retaliation, or whistleblower status, we craft a legal strategy that shows your resignation was not a choice—it was the result of unlawful pressure. ## Potential Remedies For Constructive Discharge Claims If we can prove that your resignation qualifies as a constructive discharge, you may be entitled to the same damages as if you had been wrongfully terminated. Depending on the facts of the case and the laws involved, possible remedies include: - Lost wages and benefits (back pay) - Future lost earnings (front pay) - Emotional distress damages - Reinstatement in some cases - Punitive damages (in federal discrimination cases) - Attorneys’ fees and court costs. We tailor our legal arguments to maximize compensation and hold the employer accountable for conduct that drove you out unfairly. ## FAQs About Constructive Discharge In Illinois ### How Do I Know If I Was Constructively Discharged Or If I Just Quit? If your resignation was due to ongoing mistreatment, discrimination, retaliation, or harassment, and a reasonable person would have felt compelled to leave under the same conditions, you may have been constructively discharged. We evaluate all the facts, including workplace history, HR responses, and the timing of your resignation, to determine whether the legal standard is met. ### Is It Still Constructive Discharge If I Never Filed An Internal Complaint Before Quitting? While it’s helpful to document complaints with HR or management, it’s not always required. Courts may still find constructive discharge if the conduct was extreme enough, or if the employer’s system for handling complaints was ineffective or hostile. However, we often advise clients to report misconduct when possible to strengthen their legal position. ### What If My Employer Offers Me A Severance Package—Does That Affect My Rights? It depends. Accepting or rejecting a severance agreement may limit your rights if you signed a release. We always recommend reviewing severance offers with an attorney before signing. If you signed away your rights unknowingly, we may be able to challenge the agreement, depending on the circumstances. ### How Long Do I Have To File A Constructive Discharge Claim? For most federal claims, you must file a charge with the EEOC within 300 days of the final discriminatory or retaliatory act. For Illinois Human Rights Act claims, the deadline is also generally 300 days. Time limits are strict. That’s why we urge clients to take action quickly after resigning. ### What Kind Of Proof Do I Need To Win A Constructive Discharge Case? We look for emails, text messages, disciplinary records, HR complaints, witness statements, performance evaluations, and other documentation showing how your working conditions deteriorated. Consistent patterns of mistreatment, especially after you engaged in protected activity, help support a constructive discharge claim. ### Can I Be Eligible For Unemployment Benefits After Constructive Discharge? Yes, you may still qualify for unemployment benefits if you can show that you resigned due to intolerable working conditions. We assist clients in preparing their applications and, if necessary, representing them in unemployment hearings to prove their case. ### Can I Sue For Constructive Discharge Without An EEOC Or IDHR Filing? Not in most discrimination or retaliation cases. You must first file a charge with the EEOC (federal) or IDHR (state). Only after receiving a right-to-sue letter can you file a lawsuit in court. We handle these filings and ensure deadlines are met to preserve your rights. ### Does It Matter If The Employer Didn’t Intend For Me To Quit? Intent can be shown through their actions. If management knew the conditions were intolerable and failed to correct them—or if they created the conditions through harassment, retaliation, or discrimination—that can meet the legal standard for constructive discharge, even if they didn’t outright say they wanted you gone. ## Call The Law Offices of Joshua D. McCann, LTD To Protect Your Rights At the Law Offices of Joshua D. McCann, LTD, we’ve spent years helping Chicago workers fight back when they’ve been unfairly forced out of their jobs. Constructive discharge is more than a resignation—it’s a legal issue that deserves serious attention. If you felt pushed to quit because of discrimination, harassment, or retaliation, we can help you hold your employer accountable and seek justice. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We represent workers throughout the city of Chicago from our Lisle, Illinois office, and we’re ready to fight for your rights. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [Sex Discrimination In Illinois: How To Recognize It And Prove It Happened](https://chicagolegalcounsel.com/sex-discrimination-in-illinois-how-to-recognize-it-and-prove-it-happened/) **Published:** February 10, 2026 **Author:** msaawe **Content:** [Sex discrimination](https://www.eeoc.gov/sex-based-discrimination) remains one of the most significant barriers to fair treatment in workplaces throughout Illinois and across the country. Many employees are unsure whether what they are experiencing is illegal conduct or simply unfair behavior. We see situations where pay is unequal, promotions are denied, schedules are changed to punish workers, and employees are pushed out after raising concerns. The law protects employees against discrimination based on sex, pregnancy, gender identity, sexual orientation, and gender-based stereotypes. Understanding what counts as sex discrimination and how to prove it occurred is critical to protecting workplace rights and careers. Our role is to evaluate facts, explain legal standards, and build cases that meet those standards under federal and Illinois law. ## What Federal And Illinois Law Say About Sex Discrimination Sex discrimination is prohibited under both federal and Illinois law. Title VII of the Civil Rights Act of 1964, [42 U.S.C. § 2000e](https://www.law.cornell.edu/uscode/text/42/2000e), makes it unlawful for employers with fifteen or more employees to discriminate with respect to hiring, firing, pay, promotion, job assignments, or other terms of employment because of sex. The term “sex” includes pregnancy, sexual orientation, gender identity, and gender stereotyping. Illinois law is even broader. The Illinois Human Rights Act, [775 ILCS 5/1-101](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), prohibits discrimination based on sex for most employers in the state and covers additional categories such as sexual harassment in both employment and training programs. These statutes allow employees to pursue claims when adverse treatment is tied to sex, rather than performance or legitimate business decisions. Remedies may include reinstatement, back pay, front pay, compensatory damages, and, in some cases, punitive damages, depending on the statute and the facts. ## Common Forms Of Sex Discrimination In Illinois Workplaces Sex discrimination rarely appears as an open admission. Instead, it typically shows up through patterns or decisions that unfairly disadvantage a worker because of sex. Frequent examples include: - Paying men more than women for substantially similar work. - Denying promotions to women despite equal or superior qualifications. - Penalizing employees because of pregnancy or the decision to have children. - Assigning less desirable shifts or duties based on gender stereotypes. - Firing or demoting employees who complain about sex-based conduct. The [Equal Pay Act, 29 U.S.C. § 206(d)](https://www.eeoc.gov/statutes/equal-pay-act-1963), prohibits paying workers of one sex less than workers of another sex for jobs requiring equal skill, effort, and responsibility under similar working conditions. The [Pregnancy Discrimination Act](https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978), incorporated into Title VII, clarifies that discrimination on the basis of pregnancy or childbirth is unlawful sex discrimination. ## How Sex-Based Harassment Fits Into Discrimination Law Sex discrimination also includes harassment. Harassment can be verbal, physical, or visual and may come from supervisors, co-workers, or even customers when employers fail to address it. Under Title VII and the [Illinois Human Rights Act](https://dhr.illinois.gov/), harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment or when tangible job benefits depend on submission to sexual conduct. This includes unwelcome sexual advances, explicit comments, gender slurs, repeated propositions, or retaliation for rejecting sexual conduct. To be actionable, harassment must be tied to sex or gender and must affect conditions of employment. Isolated rude comments may not meet the legal standard, but repeated or serious incidents can create liability. ## Retaliation For Reporting Sex Discrimination Retaliation is one of the most common problems we see. Both Title VII and the Illinois Human Rights Act prohibit employers from punishing employees for reporting sex discrimination, filing charges, participating in investigations, or testifying in proceedings. Retaliation may include termination, demotion, disciplinary action, schedule changes, reassignment, or other negative actions intended to discourage complaints. We carefully review timelines, communications, and performance records to connect adverse actions with protected complaints. ## How To Recognize Evidence Of Sex Discrimination Sex discrimination cases are proven through evidence. Few employers admit discriminatory motives, so we focus on documents, witness testimony, and patterns of conduct. Evidence frequently includes: - Pay records showing wage disparities. - Emails or texts reflecting gender bias or stereotypes - Sudden negative reviews after protected activity - Testimony that men and women are treated differently for similar conduct - Data showing a pattern of promoting one gender over another Under Title VII, claims may be proven through “disparate treatment” (intentional bias) or “disparate impact” (policies that appear neutral but harm one gender more than another). Comparative evidence, such as how male and female employees are disciplined for similar conduct, is often central to litigation. ## Filing Requirements And Agencies Involved Federal claims typically begin with a charge filed with the Equal Employment Opportunity Commission (EEOC). Illinois claims may be filed with the Illinois Department of Human Rights (IDHR). Strict deadlines apply. Most Title VII cases require filing within 300 days of discriminatory conduct when a state agency, such as IDHR, is involved. The Illinois Human Rights Act has separate limitations periods that must be observed. Missing deadlines can bar claims altogether, so early legal evaluation is important. ## Proving Sex Discrimination In Court Or Before Agencies To prove sex discrimination, we generally establish several key elements: - Membership in a protected class - Qualification for the job or benefit at issue - An adverse employment action - A connection between the adverse action and sex Once this showing is made, employers often argue a “legitimate non-discriminatory reason” for the decision. We then demonstrate that the stated reason is pretext, meaning it is not the real reason or is unworthy of belief. Evidence of inconsistent explanations, shifting stories, or departures from normal company procedures can strongly support pretext. ## Misconceptions About Sex Discrimination Claims Many employees assume discrimination must be blatant, but that is not the legal standard. Subtle stereotyping, coded remarks, and unequal expectations often form the basis of successful cases. Others fear that reporting discrimination will result in termination. Retaliation laws provide strong protections. Another misconception is that discrimination only applies to women. Men and non-binary employees may also suffer sex discrimination and have equal legal protection. ## Damages And Remedies Available Under Federal And Illinois Law Successful sex discrimination cases may result in several types of relief. These can include back pay, reinstatement, or front pay when reinstatement is not practical, compensatory damages for emotional distress, and, under federal law, punitive damages when intentional misconduct is proven. Under the Illinois Human Rights Act, remedies may include actual damages, attorneys’ fees, and other equitable relief. Each case requires careful damage evaluation based on facts and applicable statutes. ## Sex Discrimination Frequently Asked Questions ### What Counts As Sex Discrimination In Illinois? Sex discrimination includes unfair treatment based on gender, pregnancy, sexual orientation, gender identity, or gender stereotypes. Examples include lower pay, denied promotions, termination, or different discipline because of sex. Both Title VII and the Illinois Human Rights Act make such conduct unlawful when it affects terms or conditions of employment. ### How Can Someone Prove Sex Discrimination Happened? Proof usually relies on documents, witness statements, and patterns of conduct. Evidence may include emails, pay records, performance reviews, or comparisons showing one gender is treated more favorably. The law allows proof through direct evidence or circumstantial evidence showing bias or pretext. ### Is Harassment Considered Sex Discrimination? Yes. Harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment or when job benefits depend on submission to sexual conduct. Examples include repeated sexual comments, unwanted touching, explicit messages, or pressure for sexual favors. ### What Is The Time Limit For Filing A Sex Discrimination Claim? Federal claims typically require filing a charge with the EEOC within 300 days in Illinois. Claims under the Illinois Human Rights Act also require action within statutory deadlines. Missing deadlines can prevent recovery, so prompt legal evaluation is important. ### Can Men File Sex Discrimination Claims Too? Yes. Sex discrimination laws protect all genders. Men, women, and non-binary employees are covered under both Title VII and the Illinois Human Rights Act when adverse action is connected to sex. ### What If An Employer Retaliates After A Complaint? Retaliation is illegal. If adverse actions such as termination, demotion, or discipline occur soon after a discrimination complaint, that conduct may support a separate retaliation claim under federal and Illinois law. Evidence of timing and stated reasons is important. ### Does Unequal Pay Always Mean Illegal Discrimination? Unequal pay may indicate discrimination, but defenses sometimes exist based on seniority, merit, or production systems. The Equal Pay Act and Title VII prohibit unequal wages based on sex when jobs require substantially similar skill, effort, and responsibility. ### Can A Single Offensive Comment Support A Claim? A single comment may support a claim if extremely serious. More commonly, courts evaluate whether conduct is severe or pervasive. Repeated comments, unwanted physical contact, or ongoing harassment can satisfy this standard. ### Are Independent Contractors Covered By Sex Discrimination Laws? Coverage depends on legal classification. Title VII generally protects employees, not independent contractors, although misclassification issues often arise. Illinois law may provide additional protections depending on the facts. ### What Remedies Are Available In Sex Discrimination Cases? Remedies can include back pay, reinstatement, front pay, compensatory damages, punitive damages in some federal claims, attorneys’ fees, and injunctive relief. Available remedies depend on the statute, the employer’s size, and the nature of the violation. ## Call For Strong Representation In Illinois Sex Discrimination Cases Sex discrimination threatens careers, income, and dignity. Federal and Illinois law provide powerful protections, but using those protections requires careful case building and persistence. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Law Offices of Joshua D. McCann, LTD represents clients throughout Chicago from the office in Lisle, Illinois, and stands ready to pursue fair treatment and accountability under the law. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Sex Discrimination --- ### [Age Bias In Hiring: What Older Job Seekers In Illinois Need To Know](https://chicagolegalcounsel.com/age-bias-in-hiring-what-older-job-seekers-in-illinois-need-to-know/) **Published:** January 20, 2026 **Author:** msaawe **Content:** ## Hiring Discrimination Based On Age Is Illegal, But Still Happens. At the Law Offices of Joshua D. McCann, LTD, we frequently speak with older job applicants who believe they were unfairly passed over because of their age. Even with strong qualifications and years of relevant experience, many find themselves pushed aside in favor of younger, less experienced candidates. Unfortunately, age discrimination remains a real barrier for older workers in Illinois, especially during the hiring process. Federal and Illinois state laws both prohibit employers from rejecting applicants based solely on age. But that does not stop some companies from masking age bias behind vague reasons such as “overqualification” or “not a cultural fit.” When employers make hiring decisions based on assumptions about older workers’ abilities, energy levels, or technological skills, they are violating the law. Age bias can be subtle, but it is just as damaging as any other form of discrimination. If you suspect that your age has been used against you in the job market, it is important to understand your rights—and how to take action. ## Federal Protection Under The Age Discrimination In Employment Act (ADEA) The main federal law protecting older job seekers is the [Age Discrimination in Employment Act of 1967](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) (ADEA). This law applies to employers with 20 or more employees and protects workers aged 40 and older from discrimination in hiring, promotion, discharge, compensation, or other terms and conditions of employment. Under the ADEA, it is illegal for an employer to: - Refuse to hire a qualified applicant because of age - Include age preferences or limitations in job postings - Ask age-related questions during interviews or screening - Use policies that disproportionately affect older applicants without a business necessity While the ADEA does not require companies to hire older applicants, it does require that all applicants be evaluated fairly based on their skills and qualifications—not on assumptions about age. ## Illinois Human Rights Act Provides State-Level Protection In Illinois, the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64) also protects individuals age 40 and over from age-based discrimination in hiring. Unlike federal law, Illinois law applies to employers with 15 or more employees and allows individuals to file claims with the Illinois Department of Human Rights (IDHR). State law makes it clear that employers cannot: - Deny employment opportunities based on age - Post job ads with age restrictions or preferences - Set maximum age limits for training or advancement programs - Retaliate against individuals who report or oppose age discrimination The IDHR and the Illinois Human Rights Commission handle investigations and hearings related to age discrimination, providing state-level recourse when job seekers are treated unfairly. ## Recognizing Signs Of Age Discrimination In Hiring Age discrimination is rarely stated openly. Most employers know better than to say they want “young candidates only.” But bias often shows up in more subtle ways, including: - Job ads seeking “recent graduates” or “digital natives.” - Questions about when you graduated from college. - Concerns about your ability to “keep up” with younger teams. - Comments about being “overqualified” or “too experienced.” - Unexplained rejection after multiple interviews, where age became a focus These signs don’t automatically prove discrimination, but they can support a legal claim when combined with other evidence, such as patterns in hiring or internal communications. ## Employers Must Justify Their Hiring Decisions With Legitimate, Non-Discriminatory Reasons Both federal and Illinois laws require that employers base hiring decisions on valid qualifications, experience, and business needs. If an employer rejects an older applicant in favor of a younger one, they must be prepared to demonstrate that the decision was based on merit, not age. This does not mean you have to prove age was the only factor—only that it was a motivating factor in the decision. Courts and administrative agencies will review the timing of the decision, the language used by decision-makers, and the overall hiring patterns to determine if discrimination occurred. ## Filing An Age Discrimination Claim In Illinois If you believe you were denied a job due to age discrimination, you have the option to file a claim with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Both agencies have work-sharing agreements, so a claim filed with one is typically shared with the other. Key steps include: 1. File a charge within 180–300 days of the incident, depending on the agency 2. Participate in a fact-finding interview or submit supporting documents 3. Cooperate with the agency’s investigation and review 4. Await a decision or request a “right to sue” letter if you want to proceed in court Our attorneys assist clients at every step of this process, from filing the initial charge to presenting a strong case if litigation becomes necessary. ## Legal Remedies Available To Victims Of Age Discrimination If you succeed in proving age discrimination in hiring, you may be entitled to: - Back pay for wages you would have earned - Front pay if reinstatement is not possible - Compensatory damages under Illinois law (federal ADEA does not allow these) - Attorneys’ fees and costs - Court orders to stop the employer’s discriminatory practices Illinois law may provide broader remedies than federal law, especially for emotional distress or other non-economic harm. That’s why we help clients evaluate both paths before choosing how to proceed. ## Age Discrimination Claim FAQs ### What Is Considered Age Discrimination In A Hiring Process? Age discrimination in hiring occurs when an employer rejects, discourages, or avoids hiring someone because they are 40 years of age or older. This can include job ads with coded language, biased interview questions, or hiring a clearly less qualified younger applicant while rejecting a more experienced older one. ### Can Employers Ask About My Age In A Job Interview? While employers are allowed to ask certain background questions, they should not ask about your age or graduation dates unless it is directly related to job requirements. Questions that hint at your age may be considered evidence of discriminatory intent, especially when used to screen applicants unfairly. ### Do I Need Direct Evidence To Prove Age Discrimination? No. Most cases rely on circumstantial evidence such as interview notes, job postings, hiring patterns, and statements made during the hiring process. A pattern of rejecting older applicants in favor of younger ones without clear justification can support a strong claim. ### What Is The Time Limit For Filing An Age Discrimination Claim? You must file with the EEOC within 300 days of the incident if the claim is covered by both federal and state law. If filing with the Illinois Department of Human Rights, the time limit is 300 days as well. Acting quickly ensures your rights are preserved. ### What If I Am Told I’m “Overqualified”? Could That Be Age Discrimination? Yes, it could. While employers can reject someone based on specific concerns about job fit, using “overqualified” as a reason is often a code for age bias. If you are told this without a valid explanation or see a pattern of similar rejections, it may support a discrimination claim. ### Is There A Difference Between Federal And Illinois Protections? Yes. Federal law, through the ADEA, applies to employers with 20 or more employees and does not allow compensatory damages. Illinois law applies to employers with 15 or more employees and may offer broader remedies, including damages for emotional harm. ### Can I Sue The Employer Directly In Court? Yes, but you must first file a charge with the EEOC or IDHR and receive a “right to sue” letter. Once that letter is issued, you have a limited time to file your lawsuit in court. Our team can guide you through each step. ## Call the Law Offices of Joshua D. McCann, LTD For A Free Consultation At the Law Offices of Joshua D. McCann, LTD, we stand with older workers across Illinois who have faced illegal bias during the hiring process. We understand the frustration of being denied opportunities despite having years of valuable experience. If you believe you were passed over for a job due to your age, we are here to help you fight back. For trusted guidance and strong advocacy, contact our [Chicago age discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). We represent clients throughout Chicago and the surrounding areas from our office in Lisle, Illinois. Let us evaluate your case, explain your legal options, and help you protect your rights under federal and Illinois law. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Age Discrimination Lawyer --- ### [Unpaid Overtime In Illinois: What To Do If Your Employer Violates The Illinois Wage Payment And Collection Act](https://chicagolegalcounsel.com/unpaid-overtime-in-illinois-what-to-do-if-your-employer-violates-the-illinois-wage-payment-and-collection-act/) **Published:** January 6, 2026 **Author:** msaawe **Content:** As employment attorneys serving workers across Illinois, we regularly hear from employees who suspect they are owed overtime pay but aren’t sure what to do next. If you’ve worked more than 40 hours in a week and haven’t received proper compensation, you may have a valid legal claim under both state and federal law. In Illinois, the [Illinois Wage Payment and Collection Act](https://labor.illinois.gov/laws-rules/fls/wage-payment-collection.html) and the [Illinois Minimum Wage Law](https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html) work in conjunction with the federal [Fair Labor Standards Act](https://www.dol.gov/agencies/whd/flsa) to protect workers from wage theft, including unpaid overtime. It’s important to understand that your employer doesn’t get to decide whether or not you’re “exempt” from overtime. The law does. If you are a non-exempt employee and you’ve worked over 40 hours in a workweek, you are generally entitled to overtime pay at one and a half times your regular hourly rate. Unfortunately, many employers misclassify workers, pay a flat salary without considering overtime, or simply fail to track hours correctly. When that happens, you have the right to take action. ## Illinois Wage Payment And Collection Act: What It Covers The [Illinois Wage Payment and Collection Act](https://labor.illinois.gov/laws-rules/fls/wage-payment-collection.html) (IWPCA) requires employers to pay all wages owed to employees in a timely manner. This includes not just regular wages, but also overtime, bonuses, commissions, and final compensation upon termination. Under [820 ILCS 115/3](https://ilga.gov/documents/legislation/ilcs/documents/082001150K3.htm), if you are owed overtime and your employer fails to pay it, you have a cause of action under state law. Importantly, the IWPCA allows workers to recover their unpaid wages, plus damages and attorney’s fees. Under [820 ILCS 115/14](https://www.ilga.gov/Documents/legislation/ilcs/documents/082001150K14.htm), courts may award up to 2% of the underpaid amount per month that it goes unpaid. That adds up quickly for workers who are owed overtime for weeks, months, or even years. This statute also protects employees from retaliation. If you report unpaid wages or assert your rights under the IWPCA, your employer cannot fire or discipline you in response. If they do, you may also have a retaliatory discharge claim. ## The Federal Fair Labor Standards Act And Overtime Pay The Fair Labor Standards Act (FLSA) is the federal law that governs overtime, minimum wage, and recordkeeping. Under 29 U.S.C. § 207, non-exempt employees must receive overtime pay for any hours worked over 40 in a workweek. The standard rate is time-and-a-half, or 1.5 times the employee’s regular rate of pay. If your employer is covered by the FLSA, and most are, then you may bring a federal claim for unpaid overtime in addition to any state-level claims. The FLSA also allows recovery of back pay, liquidated damages (which can double your unpaid wages), and attorneys’ fees. Whether you file under state or federal law depends on the facts of your case, but in many situations, both claims may be pursued together to maximize your recovery. ## Common Overtime Violations In Illinois Workplaces We frequently see certain patterns when it comes to unpaid overtime. If you have experienced any of the following, your rights may have been violated: - You were paid a salary but still worked more than 40 hours a week without receiving overtime. - Your employer told you that because you are “exempt,” you aren’t entitled to overtime—but your job duties are mostly manual or routine. - You were required to clock out for lunch or breaks that you didn’t actually take. - Your hours were “shaved” or adjusted to avoid triggering overtime. - You were told to work “off the clock” before or after your shift. - You were misclassified as an independent contractor, but you performed work like a regular employee. Employers often assume workers won’t challenge these practices. But you have legal protections, and the law is on your side. ## How To Take Action If You’re Owed Unpaid Overtime If you believe you’re not being paid what you’re owed, there are several steps we recommend: 1. Keep detailed records of your hours worked, including start times, end times, and any off-the-clock work. 2. Gather pay stubs, employment contracts, and emails or texts that discuss scheduling, classification, or pay. 3. Do not quit without talking to a lawyer. You may lose leverage or key rights if you leave without a plan. 4. Speak with an employment attorney. We can help you determine whether your employer violated state or federal law and explain your options for recovery. Whether your unpaid wages total a few thousand dollars or much more, you deserve to be compensated fairly for the work you’ve done. ## What You Can Recover In An Unpaid Overtime Lawsuit If your employer has violated the Illinois Wage Payment and Collection Act or the Fair Labor Standards Act, you may be entitled to: - Unpaid wages for all hours worked over 40 per week - 2% monthly penalty under the IWPCA - Liquidated damages (equal to the unpaid amount) under the FLSA - Legal fees and costs paid by your employer - Reinstatement or back pay if you were fired in retaliation In many cases, these damages add up quickly. Employers who break wage laws should be held accountable, and our firm is committed to making sure that happens. ## Unpaid Overtime Claim FAQs ### What Is The Illinois Wage Payment And Collection Act? The Illinois Wage Payment and Collection Act requires employers to pay all earned wages to employees in a timely manner. This includes hourly pay, commissions, bonuses, vacation pay, and overtime. It also gives employees the right to sue for unpaid wages and protects them from retaliation if they file a complaint. ### Am I Entitled To Overtime Pay If I Am Paid A Salary? You may be. Salary alone does not determine whether you’re exempt from overtime. Your job duties and responsibilities matter. If you primarily perform routine, non-supervisory tasks, you are likely entitled to overtime even if your employer calls you salaried. ### How Far Back Can I Go To Claim Unpaid Overtime? Under Illinois law, you typically have 10 years to file a claim under the IWPCA. Under federal law (FLSA), the statute of limitations is 2 years, or 3 years if the violation was willful. That’s why it’s important to act promptly to preserve your rights. ### Can My Employer Fire Me For Asking About Overtime Pay? No. Both Illinois and federal law prohibit retaliation. If your employer disciplines you, demotes you, or terminates you for asserting your rights under wage laws, you may have a claim for retaliatory discharge and additional damages. ### What If My Employer Says I’m An Independent Contractor? Being labeled as an independent contractor doesn’t automatically mean you’re not an employee under the law. If your employer controls how you work, when you work, and what tools you use, you may actually be an employee, and therefore entitled to overtime. ### Do I Have To File A Claim With The Department Of Labor First? Not necessarily. You may be able to file a private lawsuit directly under the Illinois Wage Payment and Collection Act and the Fair Labor Standards Act. Speaking with an attorney will help determine the best course of action for your specific case. ### Can I Recover Attorney’s Fees If I Win? Yes. Both Illinois and federal wage laws allow successful employees to recover reasonable attorney’s fees and court costs. This is meant to encourage employees to assert their rights without worrying about the cost of legal representation. ## Contact The Law Offices of Joshua D. McCann, LTD For A Free Consultation At the Law Offices of Joshua D. McCann, LTD, we represent workers throughout the Chicago area who have been denied the wages they earned. If you suspect your employer has violated the Illinois Wage Payment and Collection Act or the Fair Labor Standards Act, we can help you take action and protect your rights. Contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). From our office in Lisle, Illinois, we proudly serve employees across Chicago and throughout the state. Don’t let your employer take advantage of your time and labor. We’re here to help you fight back and recover what you’re owed. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law Lawyer --- ### [Can Your Employer Demote You After You Request A Disability Accommodation In Illinois?](https://chicagolegalcounsel.com/can-your-employer-demote-you-after-you-request-a-disability-accommodation-in-illinois/) **Published:** December 15, 2025 **Author:** msaawe **Content:** When an employee requests a disability accommodation, it should trigger a cooperative process between the worker and the employer—not punishment. Unfortunately, some employees in Illinois experience demotions, negative evaluations, or other retaliatory actions after requesting reasonable accommodations under the [Americans with Disabilities Act](https://www.ada.gov/) (ADA) or the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Human%20Rights%20Act.&ActID=2266&ChapterID=64&SeqStart=&&ChapAct=FullText) (IHRA). Both federal and state law prohibit employers from retaliating against workers who assert their rights under disability discrimination statutes. As employment attorneys representing workers across Chicago and Illinois, we have seen many employees hesitate to request accommodations out of fear that their job security may be at risk. Understanding what the law protects and what constitutes unlawful retaliation is crucial to protecting those rights. Requesting an accommodation is not misconduct, it is a legally protected action. ## Understanding Disability Accommodation Rights Under Federal Law The [Americans with Disabilities Act of 1990](https://www.ada.gov/law-and-regs/ada/) (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in employment. Under the ADA, an employer with 15 or more employees must provide reasonable accommodations to enable a qualified employee with a disability to perform essential job functions, unless doing so would impose an undue hardship on the business. Examples of reasonable accommodations include: - Adjusting work schedules or permitting remote work - Modifying equipment or workspace - Reassigning non-essential job duties - Providing leave for treatment or recovery Requesting such changes is a protected act. If an employer demotes, disciplines, or alters working conditions in response to this request, it may constitute retaliation under [42 U.S.C. § 12203(a)](https://www.law.cornell.edu/uscode/text/42/12203). Retaliation claims are distinct from discrimination claims and arise even if the original accommodation request is denied, as long as the adverse action was motivated by the request itself. ## Illinois Human Rights Act: Additional Protections For Employees Illinois expands protections through the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), which prohibits discrimination and retaliation by employers with one or more employees. The IHRA mirrors many ADA provisions but also allows claims for emotional distress and punitive damages in some cases. Under 775 ILCS 5/6-101(A), it is unlawful for an employer to retaliate against a person who has opposed unlawful discrimination or requested a reasonable accommodation. This means that even if an employer’s excuse for a demotion seems neutral—such as “restructuring” or “performance concerns”—it can still violate the law if there is evidence linking the adverse decision to the accommodation request. ## What Counts As A Demotion Under The Law A demotion is more than just a title change. Courts have found that any materially adverse employment action can constitute a demotion if it negatively affects pay, status, or career opportunities. Examples include: - Reduction in pay or benefits - Reassignment to a less desirable position or schedule - Loss of supervisory duties - Exclusion from meetings or projects that affect advancement In retaliation claims, the focus is not on whether the demotion was labeled as such, but whether the action would deter a reasonable employee from asserting disability rights. ## The Interactive Process Requirement Under both the ADA and IHRA, employers are required to engage in a good-faith interactive process once a request for accommodation is made. This process involves open communication between the employer and the employee to determine what accommodations are feasible. If an employer refuses to discuss possible accommodations or if the employer responds with hostility, that behavior can support a claim of retaliation or discrimination. Courts have held that abrupt demotions or terminations following accommodation requests can serve as strong evidence that the employer acted in bad faith. ## Common Employer Excuses And How The Law Views Them Employers often claim that demotions are unrelated to the accommodation request. They may argue: - The employee’s performance had declined - The position was eliminated - A “business restructuring” was necessary While employers may have legitimate reasons for personnel changes, retaliation laws focus on the motivation and timing of personnel changes. If the adverse action occurred soon after the request, or if documentation contradicts the employer’s stated reason, retaliation becomes a serious concern. The [U.S. Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) and the [Illinois Department of Human Rights](https://dhr.illinois.gov/) (IDHR) both investigate such cases to determine whether unlawful retaliation occurred. ## Proving Retaliation Under Federal And Illinois Law To prove retaliation, an employee generally must show: 1. A request for a reasonable accommodation (protected activity). 2. An adverse employment action, such as a demotion. 3. A causal connection between the two events. Evidence such as sudden negative evaluations, exclusion from meetings, or inconsistent performance reviews can strengthen a claim. Under 42 U.S.C. § 12203(b), it is also illegal for an employer to “interfere, coerce, intimidate, or threaten” an employee for exercising ADA rights, even if no formal punishment occurs. ## How Employers Should Handle Accommodation Requests Legally compliant employers should: - Respond promptly and document all discussions. - Assess whether the request is reasonable. - Propose alternative accommodations if the original is infeasible. - Avoid any conduct that could be perceived as retaliation or discipline. When an employer fails to follow these steps and instead takes adverse action, the affected employee may pursue claims under both state and federal law, including filing with the EEOC or the IDHR and, if necessary, later in civil court. ## Remedies Available To Employees Employees who prove unlawful demotion or retaliation can recover a range of remedies, including: - Reinstatement to the previous position - Back pay and front pay - Compensatory damages for emotional distress - Punitive damages (under IHRA) - Attorney’s fees and costs Federal and Illinois courts take retaliation claims seriously because they go to the heart of workplace fairness. The right to request accommodations would be meaningless if employees could be punished for exercising it. ## Preventing Retaliation Before It Happens Employers can minimize legal exposure by establishing written accommodation policies and training managers on ADA compliance. Employees, on the other hand, should document all communications regarding accommodation requests, including emails, performance reviews, and meeting notes. Clear documentation often becomes decisive evidence if disputes arise later. ## Reasonable Accommodation Frequently Asked Questions ### What Qualifies As A Reasonable Accommodation Under The ADA And IHRA? Reasonable accommodations include modifications that allow a qualified employee with a disability to perform essential job functions. Examples include flexible scheduling, ergonomic equipment, remote work, or job restructuring. The employer is not required to make changes that create an undue hardship, but must explore feasible options through an interactive process. ### Can An Employer Deny An Accommodation Request Without Discussion? No. Both federal and Illinois law require employers to engage in good-faith discussions once an accommodation is requested. A flat denial without dialogue can violate the ADA and IHRA. Employers must assess the request individually and provide justification for any refusal. ### What Should An Employee Do After Being Demoted Following An Accommodation Request? The employee can file a charge of discrimination or retaliation with the EEOC within 300 days or with the Illinois Department of Human Rights within 300 days of the adverse action. An attorney can help determine whether to pursue administrative remedies or proceed directly to court after agency review. ### Does A Reduction In Duties Or Title Count As A Demotion? Yes. Courts have ruled that any materially adverse employment action, including a reduction in responsibilities, exclusion from decision-making, or reassignment to undesirable shifts, can constitute a demotion if it negatively impacts career progression. ### Can An Employer Claim Poor Performance As A Defense To Demotion? Employers often raise performance-based defenses. However, when the timing of the demotion closely follows an accommodation request, or when the performance evaluations lack prior documentation, this defense may appear pretextual. Retaliation claims frequently hinge on inconsistencies between stated reasons and actual conduct. ### What Damages Can Be Recovered In A Successful Retaliation Case? Possible remedies include reinstatement, back pay, front pay, compensatory damages for emotional distress, punitive damages under the IHRA, and recovery of attorney’s fees. The goal of these remedies is to restore the employee to the position they would have held absent retaliation. ### How Long Does An Employee Have To File A Retaliation Claim? Under the ADA, the deadline is typically 300 days from the date of the retaliatory act if the charge is filed with the EEOC. The same 300-day period applies under Illinois law when filing with the IDHR. Prompt action is important to preserve all available rights. ### Can Retaliation Occur Even If The Accommodation Request Was Denied? Yes. Retaliation laws protect the act of requesting an accommodation, not just the granting of one. Even if the employer ultimately finds the request unreasonable, any negative treatment that follows may still violate the ADA and IHRA. ### What Evidence Helps Prove Retaliation? Evidence may include sudden demotion after a request, negative comments about the disability, inconsistencies in performance documentation, and timing that suggests a link between the request and the adverse action. Emails, HR communications, and witness testimony can be key to establishing motive. ## Call Law Offices of Joshua D. McCann, LTD For A Free Consultation Employees have a right to request disability accommodations without fear of demotion or retaliation. When an employer punishes a worker for asserting legal rights, it undermines the foundation of fair employment practices. Law Offices of Joshua D. McCann, LTD aggressively defends employees across Chicago and Illinois who have experienced retaliation, discrimination, or wrongful demotion. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment attorney](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). The firm represents employees throughout Chicago from its office location in Lisle, Illinois, providing strong legal advocacy to protect workers’ rights under state and federal law. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Attorney --- ### [What To Do If Experiencing Retaliation After Reporting Discrimination In Illinois](https://chicagolegalcounsel.com/what-to-do-if-experiencing-retaliation-after-reporting-discrimination-in-illinois/) **Published:** December 2, 2025 **Author:** msaawe **Content:** Reporting discrimination in the workplace is a protected act under both federal and Illinois law. Unfortunately, many employees who speak up face retaliation from their employers. Retaliation can take many forms—sudden demotion, exclusion from meetings, reduced hours, or even termination. When an employer punishes an employee for standing up against illegal conduct, that action violates key employment protection laws. As employment attorneys representing workers across Chicago and Illinois, we have seen how retaliation not only affects careers but also damages confidence and well-being. Understanding the laws that protect employees and knowing what steps to take can make all the difference in these situations. ## Understanding Retaliation Under Federal And Illinois Law Retaliation occurs when an employer takes adverse action against an employee for asserting rights protected by law. Under [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) (42 U.S.C. §2000e-3), employers are prohibited from retaliating against employees who file discrimination complaints, participate in investigations, or oppose unlawful employment practices. This protection applies to complaints about race, color, religion, sex, or national origin discrimination. In Illinois, the [Illinois Human Rights Act](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Human%20Rights%20Act.&ActID=2266&ChapterID=64&SeqStart=&&ChapAct=FullText) (775 ILCS 5/6-101) mirrors these protections. It makes it illegal for an employer to retaliate against an individual for filing a charge, testifying, assisting, or participating in an investigation or proceeding under the Act. The Illinois Department of Human Rights (IDHR) enforces this statute, while the Equal Employment Opportunity Commission (EEOC) handles federal claims. Both federal and state laws protect employees who have made good-faith complaints, even if an investigation later determines that no discrimination occurred. What matters is the honest and reasonable belief that a violation of the law took place. ## Examples Of Employer Retaliation Retaliation is not limited to termination. Employers may attempt to pressure employees through subtle or indirect actions designed to punish or intimidate. Common examples include: - Reducing work hours or changing shifts unexpectedly - Denying promotions or pay raises previously promised - Assigning unfavorable job duties or increasing workload unfairly - Excluding the employee from meetings or communications - Providing negative performance reviews without justification - Creating a hostile or uncomfortable work environment The U.S. Supreme Court clarified in [*Burlington Northern & Santa Fe Railway Co. v. White*, 548 U.S. 53 (2006)](https://supreme.justia.com/cases/federal/us/548/53/), that retaliation includes any action that could discourage a reasonable person from making or supporting a complaint of discrimination. This broad interpretation ensures that employers cannot punish employees in creative or indirect ways. ## How To Recognize Signs Of Retaliation Retaliation often begins subtly. After an employee reports discrimination or harassment, workplace relationships may suddenly shift. Supervisors might stop providing feedback, colleagues might withdraw, or new disciplinary warnings might appear without prior incidents. Recognizing early patterns is essential for building a record of retaliatory conduct. Employees should keep detailed notes of every change in treatment, including dates, names of witnesses, and copies of relevant documents or emails. These records can become critical evidence when filing a retaliation complaint with the EEOC or IDHR. ## Legal Protections And Remedies Available Under Title VII and the Illinois Human Rights Act, employees are entitled to remedies if retaliation is proven. These remedies can include: - Reinstatement to a former position - Back pay and lost benefits - Compensatory damages for emotional distress - Punitive damages for willful or malicious conduct - Payment of attorney’s fees and court costs In some cases, the Civil Rights Act of 1991 allows for jury trials and increased damages, giving employees a stronger position to hold employers accountable. ## Steps To Take After Experiencing Retaliation Taking immediate and calculated action is key when retaliation occurs. Employees should follow these steps to protect themselves and preserve their legal rights: 1. Document Everything – Keep written records of all retaliatory behavior, performance reviews, and communications. Documentation is often the foundation of a successful claim. 2. Report Internally First – If possible, report the retaliation to human resources or a designated compliance officer. This internal report can demonstrate good faith efforts to resolve the issue. 3. File A Charge With The EEOC Or IDHR – Complaints under federal law must generally be filed with the EEOC within 300 days of the retaliatory act in Illinois. State claims under the Illinois Human Rights Act must also be filed with the IDHR within 300 days. 4. Avoid Emotional Confrontations – Retaliation cases are best supported by facts and consistency. Maintaining professionalism and avoiding reactive behavior helps preserve credibility. 5. Consult An Employment Attorney – Legal counsel can evaluate the case, determine the strongest jurisdiction for filing, and handle communications with investigators or opposing counsel. ## Why Legal Representation Is Important Employers often deny wrongdoing and attempt to justify adverse actions with claims of poor performance or restructuring. An experienced attorney can identify inconsistencies in those defenses and gather evidence that demonstrates a retaliatory motive. Attorneys can also negotiate settlements, represent clients during agency investigations, and, when necessary, litigate in state or federal court. In retaliation cases, timing is often a critical factor. A close connection between a discrimination report and subsequent punishment strengthens the argument for retaliation. Legal counsel ensures that every deadline, document, and piece of evidence is properly managed to build a persuasive case. ## The Role Of The EEOC And IDHR In Retaliation Claims Both the EEOC and IDHR investigate retaliation complaints. Once a charge is filed, the agency notifies the employer and requests a written response. Investigators may interview witnesses, review records, and attempt mediation. If the agency finds reasonable cause, it can issue a Right to Sue Letter, allowing the employee to pursue a lawsuit in federal or state court. Even when agencies do not make a finding of probable cause, a private attorney can often continue the case independently. Many successful retaliation lawsuits begin with careful preparation during the administrative phase. ## Preventing Retaliation In The Workplace Employers are encouraged to adopt strong anti-retaliation policies, conduct training, and establish confidential reporting procedures. Managers should understand that any negative action taken after a discrimination complaint must be based on legitimate, documented business reasons. Transparent communication and consistent enforcement of workplace policies help prevent misunderstandings and potential legal exposure. Employees can protect themselves by maintaining professionalism, following workplace rules, and avoiding actions that could be misconstrued as misconduct. When retaliation occurs despite these precautions, legal protections remain firmly on the employee’s side. ## Workplace Retaliation Frequently Asked Questions ### What Qualifies As Retaliation Under Illinois And Federal Law? Retaliation includes any adverse employment action taken because an employee reported discrimination, participated in an investigation, or otherwise exercised protected rights. Actions such as firing, demotion, reduced pay, or unjustified disciplinary action can all qualify under Title VII and 775 ILCS 5/6-101. ### Does Retaliation Apply If A Complaint Is Made Internally And Not To An Outside Agency? Yes. Both federal and Illinois law protect internal complaints made to supervisors, human resources departments, or company compliance officers. The protection extends to anyone opposing unlawful employment practices, even without filing a formal EEOC charge. ### How Soon Must A Retaliation Claim Be Filed? A claim must generally be filed within 300 days of the retaliatory act when both state and federal laws apply. The complaint can be filed with the EEOC, IDHR, or both agencies through a dual-filing process. ### What Evidence Is Most Effective In Proving Retaliation? Evidence such as emails, witness statements, timing of adverse actions, and sudden changes in evaluations can support a retaliation claim. The shorter the time between a complaint and a negative employment action, the stronger the inference of retaliation. ### Can An Employer Give A Poor Performance Review After A Complaint? If a negative review is based on legitimate, well-documented performance issues unrelated to the complaint, it may be lawful. However, if the review is inconsistent with past performance or appears retaliatory, it can support a legal claim. ### Is Emotional Distress Compensation Available In Retaliation Cases? Yes. Under 42 U.S.C. §1981a and the Illinois Human Rights Act, employees may recover compensatory damages for emotional harm, humiliation, or stress resulting from retaliation. ### Are Whistleblower Complaints Treated Differently From Discrimination Retaliation Claims? Yes. While both protect against retaliation, whistleblower protections under laws like the Illinois Whistleblower Act (740 ILCS 174/15) apply to disclosures of legal violations generally. In contrast, retaliation under Title VII and the IHRA specifically addresses discrimination-related complaints. ### What If The Employer Denies The Retaliation And Provides Another Reason For The Action? Courts evaluate whether the employer’s stated reason is pretextual—that is, a cover for retaliation. Evidence showing inconsistency, timing, or deviation from standard policy can expose the pretext and support the employee’s case. ### Can Retaliation Claims Be Settled Outside Of Court? Yes. Many retaliation cases are resolved through negotiated settlements before trial, often with compensation for lost wages, reinstatement, or confidentiality agreements. ### Is Legal Representation Required To File With The EEOC Or IDHR? Legal representation is not required but highly recommended. Attorneys ensure that complaints are complete, timely, and strategically framed to preserve all available remedies. ## Call Law Offices of Joshua D. McCann, LTD For A Free Consultation Standing up against discrimination is a protected right, and no employee should face punishment for doing so. Retaliation undermines workplace fairness and violates both federal and Illinois law. Those who believe retaliation has occurred should act quickly to preserve evidence and assert their legal protections. For trusted guidance and strong advocacy, contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). The firm represents employees across Chicago and throughout Illinois from its office located in Lisle, Illinois, fighting to hold employers accountable and protect workplace rights. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Retaliatory Discharge --- ### [Can Your Employer Fire You For Reporting Safety Violations In Illinois?](https://chicagolegalcounsel.com/can-your-employer-fire-you-for-reporting-safety-violations-in-illinois/) **Published:** November 18, 2025 **Author:** msaawe **Content:** As[ employment law attorneys in Chicago](https://chicagolegalcounsel.com/), we frequently hear from workers who are concerned about losing their jobs after raising concerns about unsafe working conditions. Reporting safety violations is not only a legal right, but it is also a responsibility that protects employees and the public. Unfortunately, many employers respond negatively to safety complaints, sometimes even retaliating against employees who speak up. This fear can create a chilling effect, leaving unsafe conditions unreported and workers vulnerable to serious harm. Illinois and federal laws both provide protections to ensure that workers are not punished for exercising these rights. Understanding how these protections work is essential. Employees must know what laws apply, what types of retaliation are prohibited, and what remedies are available if an employer violates the law. By reviewing both federal and Illinois statutes, we can see how these protections operate and why legal representation is critical for enforcing them. ## Federal Protections For Reporting Safety Violations The primary federal law governing workplace safety is the Occupational Safety and Health Act of 1970 ([29 U.S.C. § 651 et seq.](https://www.law.cornell.edu/uscode/text/29/651)). Under this statute, employees have the right to file complaints with the Occupational Safety and Health Administration (OSHA) if they believe workplace conditions are unsafe or in violation of safety standards. Section 11(c) of the Act ([29 U.S.C. § 660(c)](https://www.whistleblowers.gov/statutes/oshact)) prohibits employers from retaliating against employees who file safety complaints, testify in proceedings, or exercise any rights under the Act. Retaliation can include termination, demotion, denial of overtime, reduction in hours, threats, or harassment. OSHA enforces these protections, and employees who experience retaliation must file a complaint with OSHA within 30 days of the retaliatory act. If OSHA finds a violation, the agency may order reinstatement, back pay, and other remedies. ## Illinois Whistleblower Protections In addition to federal law, Illinois provides strong protections through the Illinois Whistleblower Act ([740 ILCS 174/1 et seq.](https://ilga.gov/Legislation/ILCS/Articles?ActID=2495&ChapterID=57)). This law prohibits employers from retaliating against employees who disclose information about violations of federal, state, or local laws, rules, or regulations. Importantly, the Act protects both external reporting to government agencies and internal reporting to supervisors. An employee who is terminated or otherwise retaliated against for reporting safety violations may file a civil lawsuit under the Whistleblower Act. Remedies may include reinstatement, back pay, and compensation for damages. In some cases, employees may also recover attorney’s fees and costs. ## Workers’ Compensation Retaliation Protections Illinois law also protects employees from retaliation when they file workers’ compensation claims related to unsafe working conditions. Under [820 ILCS 305/4(h)](https://www.ilga.gov/Documents/legislation/ilcs/documents/082003050K4.htm), it is unlawful for an employer to discharge or threaten to discharge an employee for exercising rights under the Illinois Workers’ Compensation Act. If an employee is injured due to unsafe conditions and reports the injury, the law ensures that the employer cannot lawfully terminate employment in retaliation. ## Wrongful Termination And Public Policy Exceptions Although Illinois is generally an at-will employment state, meaning employers can terminate employees for nearly any reason, there are exceptions when the termination violates public policy. Courts in Illinois have recognized that firing an employee for reporting safety violations undermines the strong public interest in maintaining safe workplaces. As a result, employees may have claims for wrongful termination in violation of public policy, in addition to statutory protections. ## Proving Retaliation Or Wrongful Termination To succeed in a retaliation or wrongful termination claim, the employee must generally prove that: - A safety complaint or report was made. - The employer knew about the report. - The employee experienced an adverse employment action. - The adverse action was causally connected to the protected activity. Employers often attempt to justify termination by pointing to unrelated performance issues or restructuring decisions. Evidence such as timing, employer statements, or differing treatment compared to other employees can be critical in proving retaliation. ## Remedies For Retaliation Both federal and Illinois laws provide strong remedies when retaliation is proven. These can include: - Reinstatement to the employee’s former position. - Back pay and lost benefits. - Additional compensation for damages suffered. - Attorney’s fees and litigation costs. The goal of these remedies is not only to make the employee whole but also to deter employers from punishing workers who raise safety concerns. ## The Role Of Legal Counsel Reporting safety violations is never easy, especially when employees fear retaliation. Employers often have more resources and legal representation, making it difficult for employees to assert their rights alone. Having legal counsel ensures that claims are filed correctly, deadlines are met, and evidence is preserved. We help employees throughout Chicago and Illinois understand their rights, evaluate potential claims, and pursue remedies when the law is violated. Protecting workers who report safety issues ultimately protects everyone in the workplace. ## Frequently Asked Questions About Reporting Safety Violations In Illinois ### Can An Employer Fire An Employee For Reporting Unsafe Conditions? No. Federal law under 29 U.S.C. § 660(c) and the Illinois Whistleblower Act (740 ILCS 174/1 et seq.) both prohibit employers from terminating or retaliating against employees for reporting unsafe working conditions. Termination in such circumstances may constitute wrongful discharge. ### How Quickly Must A Complaint Be Filed With Osha After Retaliation? An employee must file a retaliation complaint with OSHA within 30 days of the retaliatory action. Failing to act quickly may forfeit federal remedies, although Illinois state law may provide additional options. ### Does The Illinois Whistleblower Act Protect Internal Complaints? Yes. The Act protects disclosures made to supervisors and internal management, not just complaints filed with outside agencies. Employees are protected as long as they report conduct that violates federal, state, or local law. ### What If An Employer Claims Termination Was Based On Poor Performance? Employers often argue that termination was unrelated to the safety complaint. However, employees can challenge this by presenting evidence of good performance history, the timing of the termination, or employer statements that link the firing to the complaint. ### Are Employees Protected If They Refuse To Work In Unsafe Conditions? Yes. Under OSHA regulations, employees may have the right to refuse work if they reasonably believe they are exposed to imminent danger and there is no time to correct the condition. However, this protection is limited and must meet specific criteria. ### What Damages Can Be Recovered In A Whistleblower Lawsuit? Possible damages include reinstatement, back pay, lost benefits, compensatory damages, and attorney’s fees. The specific remedies depend on whether the claim is pursued under federal law, the Illinois Whistleblower Act, or common law wrongful termination. ### Does Workers’ Compensation Law Protect Employees Who Report Injuries From Unsafe Conditions? Yes. Under 820 ILCS 305/4(h), it is unlawful to fire an employee for filing a workers’ compensation claim. If an injury results from unsafe conditions and a claim is filed, the employee cannot legally be terminated in retaliation. ### Can Retaliation Take Forms Other Than Termination? Yes. Retaliation may include demotion, reduction in hours, denial of promotions, harassment, or reassignment to undesirable tasks. Any adverse action motivated by the safety report can qualify as unlawful retaliation. ### Is At-Will Employment A Defense To Retaliation? No. While Illinois employers may generally terminate employees at will, that right does not extend to terminations based on unlawful reasons, such as reporting safety violations. Retaliatory termination violates both public policy and statutory protections. ### How Can An Attorney Help With A Retaliation Claim? An attorney can evaluate the facts, determine the strongest legal claims, preserve evidence, and file the necessary complaints or lawsuits. Legal counsel ensures that rights are fully protected and that employers are held accountable for violations. ## Call Law Offices of Joshua D. McCann, LTD Today At the Law Offices of Joshua D. McCann, LTD, we advocate for Chicago workers who are penalized for reporting unsafe working conditions. Retaliation and wrongful termination undermine both worker safety and public safety, and we aggressively pursue justice for those harmed by unlawful employer conduct. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Our office in Lisle represents clients throughout Chicago and the surrounding areas. Protecting whistleblowers is not only about defending individual rights—it is about ensuring safe workplaces for all. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [What To Do If Your Employer Misclassifies You As An Independent Contractor In Illinois](https://chicagolegalcounsel.com/what-to-do-if-your-employer-misclassifies-you-as-an-independent-contractor-in-illinois/) **Published:** November 4, 2025 **Author:** msaawe **Content:** As [employment attorneys serving Chicago](https://chicagolegalcounsel.com/) and throughout Illinois, we frequently meet with workers who have been misclassified as independent contractors. Misclassification is not a harmless mistake and carries serious consequences. When a worker is treated as an [independent contractor](https://labor.illinois.gov/faqs/ecafaq.html) instead of an employee, the employer avoids paying payroll taxes, unemployment insurance, and workers’ compensation coverage. The worker loses rights under both federal and Illinois law, including the right to overtime pay, minimum wage, and protections against discrimination. This issue is far more common than many realize. Construction workers, drivers, delivery personnel, IT professionals, and healthcare workers are among those most frequently affected. Illinois and federal laws have clear standards for determining whether a worker is an employee or an independent contractor. Courts closely examine the actual working relationship rather than the title assigned by the employer. By understanding the legal framework and available remedies, workers can effectively protect their rights and recover damages when they are misclassified. ## Federal Standards On Worker Classification The federal government enforces worker classification primarily through the Fair Labor Standards Act (FLSA), [29 U.S.C. §201 et seq](https://www.law.cornell.edu/uscode/text/29/chapter-8). Under the FLSA, employees are entitled to minimum wage, overtime pay, and other protections. Independent contractors are not. To determine status, courts use the “economic realities” test, examining factors such as: - The degree of control exercised by the employer over the worker. - The worker’s opportunity for profit or loss. - The level of investment in equipment or materials. - The permanency of the relationship. - The extent to which the work performed is integral to the employer’s business. If the economic reality shows dependence on the employer, the worker is likely an employee, regardless of the label used in a contract. ## Illinois Law On Employee Misclassification Illinois has its own strong protections. The Illinois Employee Classification Act ([820 ILCS 185/1 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2898&ChapterID=68)) primarily applies to the construction industry but sets a strict test that many courts view as guidance for other industries. The Act presumes that a worker is an employee unless the employer proves all three conditions of the “ABC test”: - The worker is free from control or direction in performing the work. - The service performed is outside the usual course of the employer’s business. - The worker is engaged in an independently established trade, occupation, or business. If the employer fails to meet these conditions, the worker is considered an employee. Misclassification under this Act can result in civil penalties, back wages, and liability for unpaid contributions to unemployment insurance and workers’ compensation funds. ## Tax Consequences Of Misclassification Misclassification also raises tax issues under both federal and Illinois law. Employers must pay employment taxes for employees under the Internal Revenue Code and Illinois state tax law. By labeling workers as independent contractors, employers shift the tax burden to the workers, who must pay self-employment taxes and often face unexpected IRS liability. If misclassification is proven, employers can be forced to pay back taxes, penalties, and interest. ## Workers’ Compensation And Unemployment Benefits Employees in Illinois are entitled to workers’ compensation benefits under the Illinois Workers’ Compensation Act and unemployment benefits under the Unemployment Insurance Act. Independent contractors are not. Workers who are misclassified may be denied benefits after an injury or job loss. However, when the misclassification is challenged, courts and agencies can order coverage and benefits, along with penalties against the employer. ## Discrimination And Employment Rights Employees are protected against discrimination and harassment under federal law, including Title VII of the Civil Rights Act of 1964, and Illinois law, such as the Illinois Human Rights Act. Independent contractors do not enjoy the same protections. A worker misclassified as an independent contractor may lose the right to file claims for discrimination, wrongful termination, or retaliation. Correct classification ensures full access to these critical protections. ## Legal Remedies For Misclassified Workers When a worker is misclassified, multiple remedies may be available, including: - Recovery of unpaid minimum wages and overtime under the FLSA and Illinois Minimum Wage Law (820 ILCS 105/1 et seq.). - Reimbursement for expenses improperly shifted to the worker. - Back contributions for unemployment and workers’ compensation coverage. - Penalties against the employer under the Employee Classification Act. - Possible reinstatement of employee benefits, including health insurance and retirement contributions. Courts and administrative agencies can order employers to pay damages, penalties, and attorneys’ fees. These remedies not only compensate the worker but also deter future misclassification practices. ## Steps To Take If Misclassified When misclassification occurs, action is critical. Workers should: - Keep copies of contracts, pay stubs, and any communications that show the employer’s control over the work. - Document work schedules, hours, and supervision to demonstrate employee status. - File a complaint with the Illinois Department of Labor under the Employee Classification Act. - Consider filing claims under the FLSA or state wage laws for unpaid overtime and wages. - Seek legal representation to evaluate all available claims, including tax and benefit issues. Employers often fight misclassification claims aggressively, so legal support is essential to build a strong case and protect rights. ## Frequently Asked Questions About Independent Contractor Misclassification In Illinois ### What Is The Difference Between An Employee And An Independent Contractor Under Illinois Law? An employee is under the direction and control of the employer, works within the employer’s business, and does not operate an independent trade. An independent contractor controls the work, performs services outside the employer’s usual business, and maintains an independent business. Illinois law presumes employee status unless the employer proves otherwise under 820 ILCS 185. ### Can Misclassified Workers Recover Unpaid Overtime In Illinois? Yes. Under the Illinois Minimum Wage Law (820 ILCS 105/1 et seq.) and the FLSA, employees must be paid overtime for hours worked beyond forty in a week. Misclassified workers who were denied overtime can file claims to recover back pay, liquidated damages, and attorneys’ fees. ### How Does Misclassification Affect Workers’ Compensation Rights? Workers who are misclassified as independent contractors may be denied workers’ compensation benefits after a job-related injury. If the worker can prove employee status under the Illinois Workers’ Compensation Act, benefits such as medical care, disability payments, and rehabilitation services may be recovered. ### Are Misclassified Workers Entitled To Unemployment Benefits In Illinois? Yes, if employee status is proven. Misclassified workers often face denial of unemployment benefits. By challenging the classification under the Illinois Unemployment Insurance Act, a worker may be eligible for back benefits and may also require the employer to make the required contributions. ### Can Misclassification Affect Taxes? Yes. Misclassified workers are forced to pay self-employment taxes that the employer should have covered. The IRS and Illinois Department of Revenue can investigate and require employers to pay back taxes, penalties, and interest when misclassification is proven. ### What Penalties Can Employers Face For Misclassification? Employers who violate the Illinois Employee Classification Act may face civil penalties of up to $1,500 per violation and additional damages to workers. They may also be liable for back wages, unpaid benefits, and contributions to state funds. ### Does Federal Law Protect Workers From Discrimination If They Are Misclassified? Not typically. Independent contractors generally do not have protection under Title VII or similar laws. Proving employee status under Illinois or federal law is critical to ensuring the right to file discrimination or harassment claims. ### Can An Employer Require A Worker To Sign A Contract Labeling Them As An Independent Contractor? Yes, but the label is not determinative. Courts and agencies examine the actual working relationship, rather than the contract language. If the employer controls the work and the worker is dependent on the employer, the law will likely treat the worker as an employee. ### How Can A Worker Challenge Misclassification In Illinois? A worker can file a complaint with the Illinois Department of Labor under the Employee Classification Act, pursue wage claims under state or federal law, or bring a lawsuit in court. Legal representation helps identify the strongest claims and pursue maximum recovery. ### Why Is Legal Representation Important In Misclassification Cases? Employers often defend misclassification aggressively to avoid paying taxes, benefits, and damages. An attorney ensures that claims are properly filed, evidence is preserved, and remedies are pursued under both Illinois and federal law. ## Call Law Offices of Joshua D. McCann, LTD Today At the Law Offices of Joshua D. McCann, LTD, we fight for employees misclassified as independent contractors. Misclassification robs workers of wages, benefits, and legal protections. Our legal team aggressively pursues remedies under both Illinois and federal law to recover what has been lost and hold employers accountable. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We proudly represent workers throughout Chicago and across Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Employee Misclassification --- ### [Sexual Harassment Vs. Sex Discrimination In Illinois](https://chicagolegalcounsel.com/sexual-harassment-vs-sex-discrimination-in-illinois/) **Published:** October 21, 2025 **Author:** msaawe **Content:** When workplace misconduct occurs, employees often struggle to distinguish between sexual harassment and sex discrimination. Both are unlawful under federal law and Illinois law, but they are not identical concepts. As attorneys, we see how confusion around these terms sometimes prevents victims from asserting their rights. It is critical for employees to understand the difference because the type of claim you pursue can impact the evidence required, the damages available, and the strategies we employ to fight for your case. At the federal level, protections come primarily from Title VII of the Civil Rights Act of 1964 ([42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)), which prohibits discrimination based on sex, including pregnancy, sexual orientation, and gender identity. In Illinois, the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64)) provides even broader protections. By comparing these two legal frameworks, we can clarify how harassment and discrimination differ, how they overlap, and what rights employees have when either occurs in the workplace. ## What Is Sexual Harassment Under Federal And Illinois Law? Sexual harassment is a form of sex-based misconduct where unwelcome behavior of a sexual nature affects an employee’s work environment or employment status. The Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (IDHR) recognize two main categories: - Quid Pro Quo Harassment: When a supervisor demands sexual favors in exchange for promotions, raises, or job security. - Hostile Work Environment: When pervasive sexual comments, advances, or conduct make it difficult for an employee to do their job. Under [775 ILCS 5/2-102(D)](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm), Illinois explicitly prohibits sexual harassment in employment, making it unlawful for any employer, supervisor, or coworker to engage in such conduct. Unlike some states, Illinois law requires annual sexual harassment prevention training for employers, further emphasizing the seriousness of these protections. ### What Is Sex Discrimination Under Federal And Illinois Law? Sex discrimination is broader than harassment. It occurs when an employer treats an employee unfairly because of sex, gender, sexual orientation, or pregnancy. This can involve hiring, firing, promotions, pay, or job assignments. Under [42 U.S.C. § 2000e-2(a)(1)](https://codes.findlaw.com/us/title-42-the-public-health-and-welfare/42-usc-sect-2000e/), it is unlawful for an employer to “fail or refuse to hire or discharge any individual, or otherwise discriminate… because of such individual’s sex.” The Illinois Human Rights Act ([775 ILCS 5/2-102(A)](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64)) mirrors this language, but Illinois extends protection to cover smaller employers (those with one or more employees, compared to Title VII’s fifteen-employee threshold). Examples of sex discrimination include: - Denying promotions to women while promoting less qualified men. - Paying female employees less than their male counterparts for the same work. - Firing an employee for being pregnant or taking maternity leave. ### Key Differences Between Sexual Harassment And Sex Discrimination While both fall under the umbrella of sex-based workplace misconduct, there are distinctions: - Nature of Conduct: Harassment involves behavior (comments, advances, unwanted touching), while discrimination involves decisions (hiring, pay, termination). - Proof Requirements: Harassment cases often rely on showing a pattern of conduct, while discrimination cases rely on comparing how similarly situated employees are treated. - Legal Remedies: Both can result in damages, reinstatement, and injunctive relief, but the type of damages may differ depending on whether emotional harm, lost wages, or other consequences are at issue. ### Overlap Between Harassment And Discrimination Sometimes, the two overlap. For example, if a woman is fired after rejecting her supervisor’s advances, she may have claims for both harassment and discrimination. Illinois courts recognize that harassment is a subset of sex discrimination because it results in unequal treatment in the workplace. This overlap allows attorneys to pursue multiple legal avenues for maximum recovery. ### Protecting Your Rights Both federal and Illinois laws require employees to take action within specific deadlines. Under Title VII, a charge must typically be filed with the EEOC within 300 days in Illinois, because the state has its own agency. Under the Illinois Human Rights Act, claims must be filed with the IDHR within 300 days as well. Missing these deadlines can result in the loss of rights, which is why prompt legal action is critical. As attorneys, we aggressively investigate claims, preserve evidence, and hold employers accountable. Whether your case involves harassment, discrimination, or both, the law is on your side. ## FAQs About Sexual Harassment And Sex Discrimination In Illinois ### What Should I Do If I Experience Sexual Harassment At Work? You should document every incident in detail, including dates, times, and witnesses. Report the conduct to your employer following their internal procedures. If the harassment continues or your employer retaliates, we can help you file a charge with the EEOC or IDHR to protect your rights. ### How Is Retaliation Handled Under Illinois Law? Both Title VII and the Illinois Human Rights Act prohibit retaliation. If you file a complaint or participate in an investigation and suffer punishment such as demotion or termination, you may have a separate retaliation claim in addition to harassment or discrimination. ### Can Men Bring Claims For Sexual Harassment Or Sex Discrimination? Yes. Both federal and Illinois laws protect employees of any gender. Harassment or discrimination against men, women, or non-binary employees is equally unlawful. Courts evaluate the severity of the conduct, not the gender of the victim. ### Do I Need Direct Evidence Of Discrimination To Win A Case? No. Discrimination cases often rely on circumstantial evidence, such as patterns in hiring or pay disparities. Illinois courts recognize that proving intent is difficult, and statistical evidence or testimony from coworkers can support your claim. ### What Damages Can I Recover In A Sexual Harassment Or Sex Discrimination Case? Depending on the facts, damages may include back pay, front pay, compensatory damages for emotional distress, and sometimes punitive damages. Illinois law also allows for attorney’s fees and injunctive relief, such as reinstatement or policy changes within the workplace. ### How Long Do I Have To File A Claim? In Illinois, you generally have 300 days from the date of the misconduct to file with the EEOC or IDHR. Waiting too long can forfeit your rights, so it is crucial to act quickly and consult an attorney as soon as possible. ## Call The Law Offices of Joshua D. McCann, LTD For A Free Consultation At the Law Offices of Joshua D. McCann, LTD, we fight relentlessly to protect employees facing sexual harassment and sex discrimination in Illinois workplaces. These cases demand strong advocacy, and we are committed to ensuring your rights are upheld. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Our office in Lisle represents clients across Chicago and the entire metro area. If you are dealing with harassment, discrimination, or retaliation, we are ready to stand in your corner. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Sex Discrimination --- ### [Signs You Were Passed Over For A Promotion Because Of Racial Bias](https://chicagolegalcounsel.com/signs-you-were-passed-over-for-a-promotion-because-of-racial-bias/) **Published:** October 7, 2025 **Author:** msaawe **Content:** When you work hard, contribute to your company’s success, and meet or exceed expectations, you deserve fair consideration for promotions. Unfortunately, not every workplace makes advancement decisions based on merit. Racial bias, whether overt or subtle, still plays a role in how promotions are awarded in Illinois workplaces and across the country. These discriminatory practices not only hurt the individual who was passed over, but they also undermine the fairness of the workplace as a whole. As employment law attorneys, we know how devastating it is to be denied an opportunity because of bias, and we want to help you understand what signs to watch for and how the law protects you. ## Understanding The Legal Protections Against Racial Discrimination At the federal level, Title VII of the Civil Rights Act of 1964 ([42 U.S.C. §2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2)) makes it unlawful for an employer to discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment—including promotions—because of race, color, religion, sex, or national origin. Employers with 15 or more employees are covered. In Illinois, the Illinois Human Rights Act ([775 ILCS 5/2-102(A)](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm)) prohibits employers from refusing to promote, segregating, or otherwise discriminating against employees because of race. This state law applies to most employers with one or more employees, making it broader in scope than federal law. If you were denied a promotion and suspect race played a role, these laws provide avenues to pursue justice. ### Patterns Of Unequal Advancement One of the most common red flags of racial bias is a pattern of unequal advancement opportunities. If employees of one race consistently receive promotions while equally or more qualified employees of another race are repeatedly passed over, this disparity may indicate systemic discrimination. Employers cannot justify such a pattern without legitimate, nondiscriminatory reasons. ### Biased Performance Evaluations Promotions often depend heavily on performance evaluations. When evaluations are consistently biased against employees of color—through harsher criticism, lower ratings without explanation, or inconsistent application of standards—this can directly block advancement opportunities. Title VII prohibits employers from using subjective criteria in a discriminatory way. ### Shifting Or Vague Explanations Another sign of racial bias is when an employer provides vague or inconsistent explanations for why you were not promoted. If you are told you lack leadership skills, but your record shows significant leadership achievements, or if the reasons given keep changing, this may suggest discrimination. The law requires that promotional decisions be based on legitimate, job-related criteria. ### Exclusion From Key Opportunities Sometimes bias shows up not in the promotion decision itself but in the opportunities leading up to it. Being excluded from mentorship programs, special projects, or training opportunities that prepare employees for leadership positions can create barriers for advancement. Both federal and Illinois law recognize that such exclusionary practices can amount to discriminatory treatment. ### Retaliation After Raising Concerns If you raise concerns about racial bias and then experience retaliation such as demotion, poor reviews, or exclusion from future opportunities, you rights are protected by both state and federal law. These laws protect employees from being punished for speaking up about discrimination. ## Taking Action When You Suspect Discrimination If you believe racial bias caused you to be denied a promotion, the first step is to gather documentation. Keep copies of performance reviews, promotional postings, emails, and any communications about the decision. Next, you may file a charge with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Both agencies investigate discrimination claims and can provide relief, including reinstatement, back pay, or compensation for damages. ## FAQs About Racial Bias And Promotions In Illinois ### What Should I Do If I Think Racial Bias Cost Me A Promotion? You should begin by documenting everything. Save emails, evaluations, and details about who was promoted and why. Patterns of bias often show up in written records. Speaking with an employment law attorney early can also help you determine the strength of your claim. ### How Do I Prove Racial Discrimination In A Promotion Decision? Direct evidence, such as discriminatory remarks, is powerful, but most cases rely on circumstantial evidence. This can include showing that you were qualified for the promotion, that you were denied it, and that a less qualified employee outside your race was promoted instead. Performance records, statistical patterns, and inconsistent explanations by the employer can all support your claim. ### Do I Have To File With The EEOC Before Going To Court? Yes, under federal law, you generally must file a charge with the EEOC before pursuing a lawsuit in federal court. In Illinois, you can also file with the IDHR, which has the authority to investigate and take action under state law. An attorney can help you determine which route best fits your case. ### Can My Employer Retaliate Against Me For Filing A Complaint? No. Both federal and Illinois law prohibit retaliation for asserting your rights. If your employer demotes you, gives you negative reviews, or otherwise punishes you for complaining about discrimination, you may have a separate retaliation claim. ### What Remedies Are Available If I Win My Case? Remedies can include back pay, front pay, promotion to the denied position, compensation for emotional distress, and attorneys’ fees. In some cases, punitive damages may be available under federal law to punish especially egregious conduct. ### How Long Do I Have To File A Claim? Generally, you must file with the EEOC within 300 days of the discriminatory act in Illinois. The IDHR has similar deadlines. Missing these deadlines can prevent you from pursuing your claim, so acting quickly is critical. ### Can Discrimination Claims Affect Future Job Prospects? Employers are prohibited from retaliating against you for asserting your rights. While you may fear career consequences, many employees successfully assert claims and continue advancing in their careers. Legal protections are in place to ensure your rights are respected. ## Call The Law Offices of Joshua D. McCann, LTD For Exceptional Legal Help At Law Offices of Joshua D. McCann, LTD, we fight for employees who have been denied promotions because of racial bias. We understand how painful and unfair it is to be overlooked despite your hard work and qualifications. Our team has decades of experience holding employers accountable under both federal and Illinois employment laws. If you suspect racial discrimination played a role in a promotion decision, do not wait. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). Our office is located in Lisle, Illinois, and we represent clients throughout the entire Chicago area. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Race Discrimination --- ### [Religion Discrimination: Know Your Rights](https://chicagolegalcounsel.com/religion-discrimination-know-your-rights/) **Published:** October 1, 2025 **Author:** msaawe **Content:** The United States is one of the most religiously diverse countries in the world. In light of history of devastation caused due to hatred fueled by religious intolerance, U.S. has devised various laws and regulations to protect rights of different religious groups. Unfortunately, religious discrimination is still prevailing in the United States, especially against minorities. Religious discrimination refers to unfavorable and unjust treatment against an individual due to their religious background. [Title VII of the Civil Rights Act of 1964 (Title VII)](https://www.eeoc.gov/laws/statutes/titlevii.cfm) protects people who belong from an organized, traditional religion such as Christianity, Buddhism, Islam, and Hinduism, amongst others. Moreover, it also provides protection to people who have specifically held ethical, moral, or religious beliefs. ## How Does Religious Discrimination Take Place? Most common occurrences of religious discrimination are usually observed in a workplace. This may include many aspects including promotion, hiring, training, assignments, holidays, amongst different terms and conditions pertaining to employment. Moreover, Title VII also prohibits employers to assign an employee from a particular religious background to a position where they will not interact because of customer preference. That is not it, law also requires an employer to make necessary modifications to policies and adjustments to work environment that will facilitate employees to practice their respective religion without discomfort and problem. In addition to that, they must allow employees to dress and groom per accordance to their religion. For instance, Muslim women must be permitted to wear a scarf and men may keep long beards. Similarly, Sikhs may wear a turban and keep uncut hair and beards. To conclude, an employer must provide reasonable accommodation to their employees as long as it does not cause them undue hardship. Unfortunately, religious discrimination is not only limited to workplace environment but different aspects of one’s life. For instance, an individual may also be discriminated due to their faith when purchasing a house, shop, or other type of property. Moreover, harassment can also take place in stores, malls, and even streets, which involves making offensive remarks about one’s belief, showing hatred towards their religion, and in some extreme cases, creating a hostile environment for them. ## Statistics on Religious Discrimination in Illinois Religious discrimination continues to be a significant concern in Illinois, despite the state’s robust legal framework designed to protect religious liberty. In recent years, while Illinois has been recognized for its commitment to safeguarding religious freedoms, ongoing challenges persist, particularly in the realms of employment, education, and public accommodations. This detailed overview delves into the specific statistics, emerging trends, and areas that require improvement, drawing from comprehensive reports and surveys conducted in 2025. ### Legal Landscape: Strong Protections, Slower Progress In the realm of religious liberty, Illinois achieved a commendable ranking of #1 in the Religious Liberty in the States (RLS) index during both 2023 and 2024. However, the state experienced a decline to #3 in 2025. This dip was not a reflection of diminished protections, but rather indicative of a lack of new legislative initiatives while other states made significant advancements in their protections. Illinois continues to uphold a variety of robust safeguards, including: **Conscience Protections for Healthcare Workers** – These provisions allow healthcare professionals to decline participation in procedures that conflict with their religious beliefs without facing repercussions. **Religious Exemptions in Education** – Students are permitted to request accommodations for religious practices, including the observance of certain religious holidays and the wearing of religious attire. **Ceremonial Protections for Religious Observance** – Legislation ensures that specific religious ceremonies and services are respected within various public and private institutions. However, a notable gap exists as Illinois has yet to enact laws that protect houses of worship from being subjected to mandatory closures by government authorities during public emergencies. This oversight has contributed to Illinois’s reduced score of 69% in the 2025 RLS index, falling behind Florida, which scored 75%, and Montana, which scored 70%. ### Religious Demographics in Illinois To understand the discrimination landscape, it is crucial to examine the state’s diverse religious demographics: **Christians** – Comprising 62% of adults in Illinois, this group includes Evangelical Protestants (16%), Mainline Protestants (13%), and Catholics (23%). **Other Religions** – Approximately 8% of the population identifies with religions other than Christianity, including Muslims (3%), Jews (2%), Buddhists (1%), and Hindus (1%). **Religiously Unaffiliated** – A significant portion of the population, 29%, identifies as religiously unaffiliated, which includes Atheists (5%), Agnostics (5%), and those who claim “Nothing in particular” (19%). This rich tapestry of religious affiliations highlights Illinois as one of the most religiously diverse states in the Midwest. The diversity has been bolstered by immigration and generational changes, resulting in an evolving religious landscape that requires continual assessment and protection against discrimination. ### Reported Incidents and Discrimination Claims While comprehensive state-level statistics regarding religious discrimination are somewhat limited, data provided by federal and state agencies sheds some light on the issue: The[ Illinois Department of Human Rights](https://dhr.illinois.gov/) (IDHR) reported receiving over 300 discrimination complaints based on religion in 2024, with the majority of these complaints stemming from violations in the employment sector. The [Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) indicated that religious discrimination represented about 4% of all workplace discrimination charges filed by residents of Illinois in 2024. Particularly concerning are reports from Muslim and Jewish communities, which indicate disproportionate experiences of harassment, denial of reasonable accommodations, and biases in hiring and promotional practices. In educational settings, students from minority faiths have also reported various challenges, including: **Denial of Excused Absences** – Many students have faced difficulties in obtaining excused absences for religious holidays, impacting their academic performance. **Restrictions on Religious Attire** – Policies at some schools have resulted in restrictions on religious attire, such as hijabs for Muslim students and yarmulkes for Jewish students, leading to feelings of exclusion and discrimination. **Bullying and Exclusion** – Reports of bullying or social exclusion based on religious identity have been prevalent among students, highlighting the need for more supportive and inclusive school environments. ### Legal Remedies and Enforcement Illinois law categorically prohibits religious discrimination across several sectors, including: - Employment - Housing - Public Accommodations - Education Victims of religious discrimination have avenues for redress, which may include filing complaints with the IDHR or pursuing federal claims through the EEOC. Available remedies could include: **Back Pay and Reinstatement** – Compensation for lost wages and reinstatement to former positions for those unlawfully terminated due to religious discrimination. **Damages for Emotional Distress** – Financial compensation recognizing the emotional harm suffered due to discriminatory practices. **Policy Changes and Training Mandates** – Reforms aimed at improving institutional policies and creating training programs to foster awareness of and compliance with religious discrimination laws. Despite these legal protections, the enforcement of these laws can be slow and cumbersome. Many cases are resolved through mediation or settlement, often without public reporting, which complicates efforts to track systemic discriminatory patterns. ### Areas for Improvement Despite a solid legal foundation, Illinois faces several enduring challenges concerning religious discrimination: **Underreporting** – A significant number of victims, particularly those from immigrant or marginalized communities, remain silent about their experiences due to fear of retaliation, lack of awareness regarding their rights, or skepticism about the efficacy of reporting mechanisms. **Limited Legislative Momentum** – Since 2022, Illinois has not enacted new religious liberty laws, while other states have been proactive in expanding protections in areas such as healthcare, education, and emergency situations. **Inconsistent Accommodations** – The handling of religious requests varies widely among employers and educational institutions, leading to confusion, inconsistent treatment, and heightened discrimination risks. ### Looking Ahead to the Future Advocates for religious rights emphasize several critical steps to bolster protections against religious discrimination in Illinois: **Public Education and Awareness** – There is a pressing need for expanded public education concerning religious rights and the procedures available for filing complaints or seeking justice. **Legislation for Emergency Protections** – It is crucial to pass new laws that safeguard religious institutions from government action during emergencies, ensuring that all faith communities can continue to operate freely. **Increased Transparency in Reporting** – Enhancing transparency in the reporting processes of the IDHR and EEOC will facilitate better tracking of discrimination cases. **Proactive Compliance Training** – Promoting proactive compliance training for employers and educational entities can lead to a more informed public and workplace culture regarding religious tolerance and accommodations. While Illinois maintains its status as a national leader in religious liberty, failing to adapt and respond to ongoing challenges puts the state’s vibrant religious diversity at risk. As society evolves, so too must the protections and awareness surrounding religious discrimination. **Sources:** [https://www.pewresearch.org/religious-landscape-study/state/illinois/ ](https://www.pewresearch.org/religious-landscape-study/state/illinois/) [https://religiouslibertyinthestates.com/why-illinois-fell-to-3-understanding-the-shift-in-rls-2025/ ](https://religiouslibertyinthestates.com/why-illinois-fell-to-3-understanding-the-shift-in-rls-2025/) ## Contact Our Illinois Religious Discrimination Attorneys If you believe you have been a victim of religious discrimination, it can be highly beneficial for you to obtain the legal services of an experienced employment discrimination lawyer. Your attorney will ensure that your rights remain protected during the course of the litigation process. A skillful employment discrimination lawyer will gather evidence to construct a solid case in your favor. Using their vast experience and knowledge pertaining to laws that are relevant to your case, a seasoned [religious discrimination lawyer](https://chicagolegalcounsel.com/national-origin-race-religious-discrimination) will establish facts and devise an effective strategy to prove your claim, which will help you to get justice. 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](https://chicagolegalcounsel.com/blog). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Religious Discrimination --- ### [Retaliatory Discharge – Essential Things Employees Should Know](https://chicagolegalcounsel.com/retaliatory-discharge-essential-things-employees-should-know/) **Published:** September 25, 2025 **Author:** msaawe **Content:** When an employee reports a complaint for an unlawful practice or discrimination against their employer, there is a chance they might retaliate and fire that person. Under state and federal laws, an employer cannot fire their worker for exercising their rights. The U.S. Equal Employment Opportunity Commission describes retaliation as an adverse action taken against an employee who was involved in a protected activity. Termination, unfair evaluations, refusing to hire, demotion, disciplinary measures, denying rightful promotion, and increase observation are all adverse actions that fall under the category retaliation discharge. ## Which Employees are Protected? If you report a miss conduct or an illegal activity by an employer, the law protects you from retaliation discharge. The legal protection covers: - Employees who report against illegal activities: You are protected from retaliation from an employer as long as you are complaining about a behavior that violates the law. Even if the employer proves that you are wrong, they cannot punish you. This will be considered retaliation as well. - Employee who supports and speaks out for a colleague: If you complain on behalf of a fellow employee about unfair treatment with them, you will be protected against any retaliatory actions. - Former and current employees: If you have filed a complaint against an illegal action, such as sexual harassment or discrimination, and the employer didn’t take any action, it will be considered as a retaliatory conduct. Also, if your employer fires you and provides a negative reference that hinders you from finding a new job, this is also considered as retaliation. ## Laws Governing Retaliation Discharge Several employment laws protect employees from retaliation discharge, including the following: - The Equal Pay Act - Title VII of the Civil Rights Act - The Age Discrimination in Employment Act - The Fair Labor Standards Act - The Occupational Safety and Health Act - The Americans with Disabilities Act One of the primary federal agencies that enforces these laws is the U.S. Equal Employment Opportunity Commission. If you have been a victim of retaliatory discharge, you can file a complaint with the EEOC. ## Important Elements of Proving Retaliation Proving a claim that you are a victim of retaliation comprises of three main elements: 1. You must prove that you were engaged in a protected activity. For example, participating in an investigation or opposing your employer’s discrimination. 2. The employer must have punished you in some way. For example, denying a rightful promotion or being fired. 3. You must be able to establish that the punishment was a result of a protected activity. For example, receiving a demotion right after reporting your employer. However, these aren’t enough to prove your retaliatory discharge claim, as it can become quite difficult if your employer can present a good reason for firing you. This may include absenteeism, lack of performance, and similar reasons related to your work. ## Frequently Asked Questions About Retaliatory Discharge In Illinois ### What is retaliatory discharge? Retaliatory discharge refers to the unlawful termination of an employee who has been fired for exercising a legal right or fulfilling a legal duty. In the state of Illinois, the concept of retaliatory discharge is recognized by the courts as a notable exception to the “at-will” employment doctrine, which allows employers to terminate employees without cause under most circumstances. Common scenarios that may lead to a retaliatory discharge include: **Filing a workers’ compensation claim** – An employee who files a claim for benefits after being injured on the job cannot be terminated simply for exercising this right. **Reporting illegal activity** – Employees have the right to report illegal actions they witness in the workplace to appropriate authorities without fear of termination. **Refusing to participate in unlawful conduct** – If an employee is asked to engage in illegal activities and declines, they cannot be terminated for their refusal. **Cooperating with investigations** – Employees acting in good faith to assist law enforcement or regulatory bodies in their investigations are also protected from termination. The essential element in these cases is whether the termination violates a clearly established public policy aimed at protecting employees’ rights. ### Is Illinois an at-will employment state? Yes, Illinois operates under the at-will employment doctrine. This legal principle grants employers the broad authority to terminate employees for any reason—whether the reasoning is sound or irrational—or for no reason at all, as long as the termination does not violate any laws. In this context, retaliatory discharge emerges as one of the few significant exceptions, along with claims relating to discrimination based on race, gender, disability, harassment, or breach of contract. ### What are the most common types of retaliatory discharge claims? In Illinois, courts typically recognize retaliatory discharge claims within two principal contexts: **Workers’ compensation retaliation** – This occurs when an employer terminates an employee either for filing a workers’ compensation claim or for expressing the intention to file such a claim. Such actions are explicitly protected by Illinois law. **Whistleblower retaliation** – This involves the termination of an employee who reports or plans to report any violations of laws or regulations to governmental authorities. This protection aims to encourage employees to come forward about wrongdoing without fearing for their job security. While other forms of public policy violations may be considered, Illinois courts tend to be conservative in expanding the doctrine to include situations outside of these primary contexts. How do I prove retaliatory discharge? To successfully establish a claim for retaliatory discharge, the employee must demonstrate three critical elements: **Engagement in protected activity** – You need to show that you participated in a legally protected action—such as filing a complaint or reporting illegal conduct. **Discharge from employment** – You must provide evidence that you were indeed terminated from your position. **Causal connection** – It must be proven that there is a direct link between your protected activity and the termination. This could involve showing that the timing of your discharge closely followed your protected activity, along with any communications from your employer that suggest retaliatory intent. Evidence can include documentation, emails, witness statements, and prior performance evaluations, as courts often seek indications that the reason provided by the employer for the termination is merely a pretext. ### What remedies are available? If you successfully navigate a retaliatory discharge case in Illinois, you may be eligible for several potential remedies, including: **Back pay and lost benefits** – Compensation for lost wages and benefits that you would have accrued had you not been wrongfully terminated. **Emotional distress damages** – Financial compensation for the emotional and psychological impact caused by the retaliatory discharge. **Punitive damages** – In particularly egregious cases, courts may award punitive damages designed to punish the employer and deter similar behaviors in the future. **Reinstatement** – While rarely ordered, some plaintiffs may receive an offer of reinstatement to their former positions. **Attorney’s fees and court costs** – If you prevail in your case, the court may order the employer to cover your legal expenses. These remedies aim to both make the affected employee whole and discourage future occurrences of retaliation in the workplace. ### What is the statute of limitations? In Illinois, the statute of limitations for filing a retaliatory discharge claim is generally five years from the date of your termination. However, if your claim overlaps with federal regulations or laws, such as [Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) concerning employment discrimination, the deadlines can be considerably shorter—ranging from 180 to 300 days, depending on the specific federal agency involved. It’s crucial to be aware of these timelines to ensure you file your claim within the applicable period. ### Can I be fired for reporting harassment or discrimination? No, you cannot legally be fired for reporting workplace harassment, discrimination, or safety violations. Both state and federal laws provide protections for employees who report such issues. If an employee is terminated after making such reports, it may be deemed retaliatory discharge or unlawful retaliation under various civil rights statutes. These protections are vital for encouraging a safe and equitable working environment where employees can speak out against misconduct without fear of reprisal. ## Contact Our DuPage County Retaliatory Discharge Attorneys If you feel that you have been fired because of engaging in a protected activity, you should consider talking to our [DuPage County retaliatory discharge attorneys](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) to discuss your case and evaluate your legal options. [Contact the Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact/) today at [(847) 450-1103](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Retaliatory Discharge --- ### [Suing Your Employer for Wrongful Termination After Quitting the Job](https://chicagolegalcounsel.com/suing-your-employer-for-wrongful-termination-after-quitting-the-job/) **Published:** September 24, 2025 **Author:** msaawe **Content:** For an employee to file a wrongful termination claim, the general perception is that they must prove the employer fired them in violation of the employment contract or for unfair reasons. However, there are situations where an employee is forced to resign from their job because of intolerable or hostile working conditions. This is known as constructive discharge or constructive dismissal, where an employer creates such an environment for the employee that they have no choice left but to quit. However, the employee can still file a claim or lawsuit on the grounds of wrongful termination even when they have voluntarily handed in their resignation. Most of the times, the intolerable working environment is the result of certain discriminatory acts, especially sexual harassment and the employer’s unresponsiveness towards the complaint. The investigative agencies use the reasonable person standard when determining whether there was a constructive discharge. This standard is based on whether or not a reasonable person, when faced with a similar situation, would resign from their job. ## How to Prove You Were Forced to Quit? There are several things you have to prove in order to establish yourself as a victim of constructive discharge. These things include the following: - You were subjected to work in a hostile environment, illegal working conditions, or mistreated at work. - You filed a complaint about the matter to your employer, supervisor, or human resources department, but no action was taken to remedy the situation, and the mistreatment continued for a considerable amount of time. - The working conditions or mistreatment were so bad or intolerable that a reasonable employee would decide to quit their job rather than to continue working in that environment. - You resigned because you were mistreated. However, this is still not enough to establish a solid ground for your claim. Since most people in the US work at will, the employer can fire them at any time, and that too for any legal reason. That is why, apart from the above, you may also have to prove that your employer had an illegal reason for forcing you to quit. For example, if you have a manager who gives a really hard time to everyone in your department, this would not be enough to have a constructive discharge claim. But if they did so only to you, you are likely to have a strong claim. Some common situations where a wrongful termination claim can be made on the grounds of constructive discharge include retaliation, discrimination, harassment, breach of contract, and others. Another important thing to keep in mind is that you must give your employer or management a reasonable amount of time to look into the matter and take corrective action before you quit. For example, if you quit just after 2 or 3 days of making the complaint, you may not have a strong claim against your employer. ## Frequently Asked Questions About Wrongful Termination In Illinois ### What is wrongful termination? [Wrongful termination](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) is a legal term that describes the situation when an employee is dismissed from their job in violation of specific laws or regulations. This can occur when an employer fails to comply with federal or state anti-discrimination laws, breaches an employment contract, violates labor laws, or ignores public policy protections. Typical scenarios that could lead to a wrongful termination claim include being fired for reporting illegal activities in the workplace, filing a workers’ compensation claim after an injury, or refusing to participate in unlawful or unethical behavior. ### Can I be fired without a reason in Illinois? In Illinois, yes, you can be terminated without cause; however, this rule only applies if the reason for the termination is not illegal. The state operates under the at-will employment doctrine, which grants employers the authority to terminate employees at any time and for any lawful reason. Nonetheless, there are important exceptions to this rule: if you are bound by an employment contract, covered under a union agreement, or if the termination violates[ anti-discrimination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) or [retaliation laws](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/), then your dismissal may not be deemed lawful. ### What are examples of wrongful termination? Wrongful termination can manifest in various ways, including: Being fired due to characteristics such as race, gender, age, religion, disability, or sexual orientation, which are protected under the[ Illinois Human Rights Act](https://hrc.illinois.gov/rights.html) and federal laws. Facing retaliation for speaking out about workplace harassment, safety violations, or other unlawful activities. Termination for filing a workers’ compensation claim after sustaining an injury on the job. Dismissal for taking medically protected leave or family leave under the [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) (FMLA). Each case is unique and hinges on detailed facts that determine if a legal protection has been violated. What is retaliatory discharge? [Retaliatory discharge](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) is a specific type of wrongful termination that occurs when an employee is fired in response to engaging in protected activities, such as: - Reporting illegal activities or misconduct to the appropriate authorities. - Refusing to break the law or act unethically at the employer’s request. - Filing a workers’ compensation claim after being injured while working. In Illinois, retaliatory discharge is acknowledged under common law, and if proven, it may entitle the employee to seek damages for the wrongful dismissal. ### How do I prove wrongful termination? To establish a case for wrongful termination, an employee must gather compelling evidence that demonstrates: - They were engaged in a legally protected activity, such as reporting discrimination or unsafe working conditions. - They were subsequently terminated from their position. - There exists a direct causal connection between their engagement in the protected activity and their termination. Effective documentation can greatly support your case, including emails, performance reviews, witness statements, and an accurate timeline of the events. Consulting with legal professionals can help individuals evaluate the strength of their claims and navigate the complexities of the legal system. ### What remedies are available? In the event that you win a wrongful termination lawsuit, you may be eligible for various remedies, which can include: - Compensation for back pay and lost benefits that resulted from your termination. - Damages for emotional distress caused by the wrongful firing. - Rarely, reinstatement to your position. - Possible punitive damages if the employer’s actions were particularly egregious or unlawful. - Coverage for attorney’s fees and court costs incurred while pursuing the case. It’s essential to note that some wrongful termination claims may need to be filed with administrative agencies before legal action can be pursued in court. ### How long do I have to file a claim? The timeframe within which you can file a wrongful termination claim varies depending on the nature of the claim: Discrimination claims must be filed within 300 days with the [Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) or the[ Illinois Department of Human Rights](https://dhr.illinois.gov/) (IDHR). For retaliatory discharge claims, you have up to 5 years to file under Illinois law. Breach of contract claims can typically be filed within 10 years if the contract is written, or 5 years for oral agreements. It is crucial to act swiftly to protect your rights, as delays could jeopardize your ability to pursue a claim. ## Contact Our DuPage County Wrongful Termination Attorneys If you were forced to quit your job because of bad working conditions, you should discuss your case with our experienced DuPage County wrongful termination attorney and evaluate your legal options to file a claim against constructive discharge. [Contact the Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact/) today at [(847) 450-1103](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Wrongful Termination --- ### [How the Illinois Whistleblower Act Protects Employees](https://chicagolegalcounsel.com/how-the-illinois-whistleblower-act-protects-employees/) **Published:** September 24, 2025 **Author:** msaawe **Content:** Exposing an employer who does not take the safety of his/her employees seriously or is involved in fraudulent business practices is your right as an employee. However, some employers can retaliate by terminating the employment of the whistleblower. Aptly named the Whistleblower Act, this [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57#:~:text=An%20employer%20may%20not%20retaliate%20against%20an%20employee%20for%20refusing,(Source%3A%20P.A.) protects employees by making termination on the basis of whistleblowing illegal in the state. ## How the Whistleblower Act Protects Employees in Illinois According to the Act, employers cannot retaliate against employees who: - Reveal information to law enforcement agencies and the government if they have cause to believe said information violates state laws, rules, and regulations. - Take part in investigations of illegal activity or refuse to take part in a venture that can violate state laws, rules, and regulations. However, employees are not protected under this law if they have reasonable cause to believe they are correct about the information they are disclosing. Before doing so, they should determine whether the activities or issues they mean to disclose can be interpreted as violations or not. ### What Employers Cannot Do According to the Whistleblower Act, employers cannot [retaliate](https://www.nolo.com/legal-encyclopedia/wrongful-termination-retaliation-whistleblowing.html) against a whistle-blowing employee by terminating their employment. Additionally, they cannot make the employee’s life difficult at work to force them to leave on their own accord during the investigation. Employers also cannot threaten employees or retaliate against them if they refuse to take part in activities that can violate state laws. If the employee has been threatened or fired in lieu of the complaint, they can seek damages from their employer. This includes: - Back pay for lost wages, including interest. - Reinstatement to the job they had before they were fired by the retaliating employer. - Compensation for damages such as attorney and litigation costs. ## Frequently Asked Questions About The Illinois Whistleblower Act ### What is the Illinois Whistleblower Act? The Illinois Whistleblower Act is a vital state law aimed at safeguarding employees from retaliation by their employers when they expose wrongdoing or illegal activities. Specifically, the Act prohibits employers from taking adverse actions against employees who: Report any violations of state or federal laws, rules, or regulations to an appropriate government agency or law enforcement authority. This can include anything from fraud and corruption to environmental violations. Refuse to engage in any illegal activities, protecting those who choose to uphold the law rather than comply with unethical requests. Participate in investigations or legal proceedings that concern workplace misconduct, ensuring that employees can cooperate without fear of retribution. This legislation is applicable to both public and private sector employers and is intended to promote transparency and accountability within workplaces while encouraging whistleblowers to act in the public interest. ### What types of retaliation are prohibited? Retaliation encompasses a wide range of adverse actions that an employer might take against an employee for engaging in protected whistleblower activity. Examples of prohibited retaliation include, but are not limited to: - Termination or demotion of the employee’s position. - Reduction in pay or hours, effectively punishing the employee financially. - Issuing negative performance evaluations that do not reflect the employee’s actual work performance. - Harassment or intimidation tactics aimed at discouraging the employee or creating a hostile work environment. - Denial of legitimate promotions, bonuses, or other benefits that the employee would otherwise qualify for. Any action taken by an employer that has a detrimental effect on an employee who reports wrongdoing could be considered retaliation under the Illinois Whistleblower Act. ### Who is protected under the Act? The Illinois Whistleblower Act provides protection to a broad range of employees who engage in certain activities, including: Those who report suspected violations of the law to relevant government agencies, such as regulators or law enforcement. This includes reports about safety violations, financial fraud, or any form of misconduct. Employees who refuse to participate in unlawful behaviors thereby protecting their integrity and ethical standards. Individuals who cooperate with investigations or provide testimony in legal proceedings relating to workplace misconduct. It is crucial to note that employees do not need to be correct in their suspicions about the violations; they only need to demonstrate that they had a reasonable belief and acted in good faith to receive protection under the Act. ### Do I have to report internally before going to a government agency? No, the Illinois Whistleblower Act does not impose an obligation for employees to report their concerns internally before seeking assistance from a government agency or law enforcement. Employees are fully protected when they report directly to these entities. However, some employers may implement internal policies, such as ethics hotlines or compliance reporting procedures, that employees can utilize voluntarily, though these are not required for whistleblower protection. ### What should I do if I experience retaliation? If you believe you have faced retaliation for engaging in whistleblowing activities, it is essential to take the following steps: Thoroughly document all incidents related to the retaliation, including emails, performance reviews, notes from meetings, and statements from witnesses who can corroborate your claims. Consider filing a formal complaint with the Illinois Department of Labor, which oversees issues relating to employment law, or seek advice from an[ experienced employment attorney](https://chicagolegalcounsel.com/) who can guide you on your rights and options. You may also contemplate pursuing a civil lawsuit under the Whistleblower Act to seek recompense for any damages incurred due to retaliation. Depending on the circumstances, you may be entitled to remedies such as reinstatement to your former position, back pay for lost wages, compensatory damages for emotional distress, and coverage for attorney’s fees. ### Is there a time limit to file a claim? Yes, the statute of limitations for filing a claim under the Illinois Whistleblower Act is typically one year from the date of the alleged retaliatory action. It is imperative to act swiftly to preserve your rights; delaying could result in the loss of your ability to seek legal recourse. ### How does this law differ from federal whistleblower protections? While the Illinois Whistleblower Act operates under state law, it is essential to recognize that federal laws also exist to protect whistleblowers, such as the [Sarbanes-Oxley Act](https://www.sarbanes-oxley-act.com/), the [Dodd-Frank Act](https://www.federalreservehistory.org/essays/dodd-frank-act), and the whistleblower provisions under OSHA. These federal protections may cover specific industries and types of misconduct. Depending on the situation, employees could be protected under both state and federal laws, and it’s crucial to understand the scope and provisions of each to ensure comprehensive protection. Can I be fired for reporting safety violations?\*\* No, under the protections afforded by the Illinois Whistleblower Act, employees are expressly protected from retaliation for reporting safety violations, including those related to OSHA regulations or hazardous working conditions. Employers who retaliate against employees for bringing up safety concerns can face severe legal consequences under both state and federal laws, reinforcing the importance of creating a safe and ethical work environment. ## Contact The Law Offices of Joshua D. McCann, LTD Today It is important to note that the Act cannot be used to ask for punitive damages. The lawsuit for retaliatory discharge can be filed in court within five (5) years of the action. If you think you have the right to do so, get in touch with attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) today by calling (847) 450-1103. We have been fighting for the rights of employees in[ DuPage County](https://www.dupagecounty.gov/), IL, for more than 30 years, and can help you get the compensation you deserve. This includes facing intimidating business owners without giving an inch. That is how dedicated we are to ensuring you get the justice you rightly deserve. Get in touch with us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, Whistleblower Rights --- ### [Forced Retirement In Illinois: Is It Legal Or Age Discrimination?](https://chicagolegalcounsel.com/forced-retirement-in-illinois-is-it-legal-or-age-discrimination/) **Published:** September 9, 2025 **Author:** msaawe **Content:** At the Law Offices of Joshua D. McCann, LTD, we often hear from employees who are pressured to retire earlier than they planned. Forced retirement can leave you feeling powerless, confused, and worried about your future. Many workers are unsure whether employers have the right to push them out due to their age or if such actions violate state or federal laws. Understanding your rights under Illinois and federal employment laws is essential to determining whether forced retirement is legal or constitutes age discrimination. ## Understanding Age Discrimination Under Federal Law The primary federal law protecting employees from age discrimination is the Age Discrimination in Employment Act (ADEA), [29 U.S.C. § 621 et seq.](https://www.law.cornell.edu/uscode/text/29/chapter-14) This law prohibits employers with 20 or more employees from discriminating against workers who are age 40 or older in hiring, firing, promotions, compensation, and other terms of employment. Forced retirement policies targeting older employees often fall under scrutiny because they may violate the ADEA’s protections. Employers generally cannot set a mandatory retirement age except in very limited circumstances. For example, certain public safety jobs or high-level executives with guaranteed retirement benefits may be exempt. In most workplaces, pressuring an employee to retire early or creating intolerable working conditions to force resignation may be considered unlawful age discrimination under the ADEA. ### Illinois Law On Age Discrimination And Forced Retirement Illinois law mirrors federal protections through the Illinois Human Rights Act ([775 ILCS 5/1-101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64))**,** which prohibits discrimination based on age (40 and older) in employment. Illinois employers cannot terminate or harass employees because of their age, nor can they set mandatory retirement ages in most occupations. If an Illinois employer forces you to retire or makes your work environment so hostile that you feel you have no choice but to resign, you may have grounds for a wrongful termination or constructive discharge claim based on age discrimination. ### Recognizing Signs Of Forced Retirement Or Age Bias Forced retirement is not always explicit. Employers rarely admit to terminating someone because of age. However, signs of unlawful conduct may include: - Repeated comments about your age or retirement plans. - Being replaced by significantly younger employees with similar qualifications. - Sudden negative performance reviews after years of positive evaluations. - Pressure to accept early retirement packages with implied threats of termination. - Exclusion from important projects, training, or opportunities. These patterns may help demonstrate age discrimination if you choose to take legal action. ### Legal Remedies Available To Employees Victims of forced retirement due to age discrimination may pursue several remedies under federal and state law: - Filing a charge with the Equal Employment Opportunity Commission (EEOC) under the ADEA. - Filing a complaint with the Illinois Department of Human Rights (IDHR) under the Illinois Human Rights Act. - Seeking reinstatement, back pay, front pay, lost benefits, compensatory damages, and attorney’s fees. In some cases, you may be entitled to punitive damages if the employer’s conduct was willful or reckless in violating your rights. Employees must typically file claims with the EEOC or IDHR before pursuing a lawsuit. Deadlines are short: usually 300 days from the discriminatory act. ### How Employers Try To Defend Forced Retirement Decisions Employers may argue that retirement was voluntary, citing severance agreements or claiming legitimate business reasons for their decisions. They may also argue that their actions were based on performance issues unrelated to age. Our role is to thoroughly investigate these claims, gather evidence of age-based motives, and build a strong case showing you were unlawfully targeted because of your age. ### Protecting Yourself From Forced Retirement If you believe your employer is attempting to push you out: - Document every conversation, email, or memo referencing your age or retirement. - Keep records of your performance evaluations and job assignments. - Avoid signing retirement agreements or severance packages without consulting an employment attorney. - File timely complaints with the EEOC or IDHR to preserve your rights. At the Law Offices of Joshua D. McCann, LTD, we stand up to employers who violate age discrimination laws, ensuring you are not forced out of the workplace unlawfully. ## Frequently Asked Questions About Forced Retirement And Age Discrimination In Illinois ### Can My Employer Force Me To Retire At A Certain Age? In most cases, no. Under the ADEA and Illinois Human Rights Act, employers cannot mandate retirement based on age except in specific roles, such as certain public safety jobs or high-level executives with specific retirement plans. ### What Should I Do If I Am Pressured To Accept Early Retirement? Do not sign anything immediately. Consult an employment lawyer to review the terms and determine whether you are being unlawfully pressured. You may be entitled to compensation or other remedies if age discrimination is involved. ### Is It Legal For My Employer To Offer Early Retirement Packages? Offering voluntary retirement incentives is legal. However, if you are threatened with termination or demoted for refusing the package, this could constitute unlawful age discrimination. ### What Evidence Do I Need To Prove Age Discrimination? Evidence may include age-related comments, patterns of replacing older workers with younger ones, sudden negative evaluations, or written communications pressuring you to retire. Witness statements and employment records can support your claim. ### Can I Sue My Employer For Forced Retirement? Yes. You must first file a charge with the EEOC or IDHR. If your claim is valid, you can sue for reinstatement, lost wages, lost benefits, and damages. Consult an attorney promptly to ensure deadlines are met. ### How Long Do I Have To File An Age Discrimination Claim? You generally have 300 days from the date of the discriminatory act to file a charge with the EEOC or IDHR. Missing this deadline can bar you from pursuing your claim. ### Does Forced Retirement Apply To Employees Under 40? Federal and Illinois age discrimination laws specifically protect workers 40 years and older. Employees under 40 are not covered under ADEA or the Illinois Human Rights Act for age discrimination claims. ### Call The Law Offices of Joshua D. McCann, LTD For A Free Consultation If you believe you were forced into retirement because of your age, you do not have to accept this unlawful treatment. At the Law Offices of Joshua D. McCann, LTD, we fight aggressively to protect the rights of employees throughout Chicago and Illinois who are victims of age discrimination. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). From our Lisle, Illinois office, we represent clients across the Chicago metro area, helping workers stand up against employers who break the law. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Age Discrimination Attorney --- ### [Hostile Work Environment Claims in Illinois: When Does Harassment Become Illegal?](https://chicagolegalcounsel.com/hostile-work-environment-claims-in-illinois-when-does-harassment-become-illegal/) **Published:** February 24, 2026 **Author:** msaawe **Content:** Hostile workplace situations rarely start overnight. Problems usually build over time. Comments begin to sting, treatment feels targeted, and work becomes stressful or humiliating. Many employees ask the same question: “When does harassment cross the legal line?” That answer depends on facts, context, and governing law. We help employees across Chicago assess whether conduct is simply unfair or whether it violates federal or Illinois statutes. Both [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and the [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64) provide real protections. Understanding those protections helps employees recognize when the law provides remedies and when internal action may be required before filing a claim. ## What The Law Means By A Hostile Work Environment Not every rude or unpleasant workplace qualifies as unlawful. The legal standard focuses on whether conduct is so severe or pervasive that it alters working conditions and creates an abusive environment. Federal law under [Title VII, 42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2), prohibits harassment based on protected characteristics such as race, color, religion, sex, and national origin, and includes hostile environment sexual harassment. Illinois law mirrors and expands those protections through the [Illinois Human Rights Act, 775 ILCS 5/1-101](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Human%20Rights%20Act.&ActID=2266&ChapterID=64&ChapAct=775+ILCS+5%2F&SeqStart=600000&SeqEnd=1800000). That statute prohibits harassment based on additional categories such as sexual orientation, pregnancy, marital status, gender identity, military status, and other protected traits. The law looks not only at offensive words but also at conduct, intimidation, ridicule, or unwanted touching. ### Conduct That May Create A Hostile Work Environment We assess hostile environment claims by looking at the full pattern of conduct. Courts measure frequency, severity, and whether the behavior disrupts job performance. Examples of actionable behavior include: - Repeated slurs or insults based on a protected characteristic. - Lewd comments, propositioning, or unwanted sexual contact. - Offensive images, emails, or text messages in the workplace. - Threats, intimidation, or humiliation in front of others. - Retaliation after rejecting advances or reporting misconduct. A single extreme event can meet the legal standard, but usually claims involve ongoing conduct that becomes intolerable over time. The standard is both subjective (the employee feels harassed) and objective (a reasonable person would also find it abusive). ### Who Can Be Liable For Harassment Under Federal And Illinois Law Both employers and certain individuals may be held responsible depending on the circumstances. Under Title VII, an employer may be strictly liable for harassment committed by a supervisor when the conduct results in a tangible employment action such as termination, demotion, or pay loss. If no tangible employment action occurs, an employer may raise defenses by showing that it had reasonable preventive policies and failed to use them. Illinois law under [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm) imposes an employer’s responsibility for harassment by supervisors and co-workers when the employer knew or should have known of the conduct and failed to take corrective action. Liability requires an analysis of reporting procedures, investigation steps, and the employer’s response. ### The Role Of Retaliation In Hostile Work Environment Claims Employees sometimes hesitate to complain because they fear retaliation. Both federal and Illinois statutes prohibit retaliation against those who oppose discrimination or participate in investigations. [42 U.S.C. § 2000e-3(a)](https://www.govinfo.gov/content/pkg/USCODE-2020-title42/pdf/USCODE-2020-title42-chap21-subchapVI-sec2000e-3.pdf) and [775 ILCS 5/6-101](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K6-101.htm) make it unlawful to punish workers for reporting harassment, filing a charge, or serving as witnesses. Retaliation can include firing, demotion, undesirable reassignment, schedule changes, or subtle actions designed to punish the employee. Retaliation claims often move forward even when the underlying harassment claim is disputed because the law protects good-faith complaints. ### How To Prove That Harassment Was Severe Or Pervasive Hostile work environment cases are evidence-driven. We encourage clients to maintain records documenting events. Evidence can include emails, text messages, recordings where lawful, witness testimony, and prior complaints against the same harasser. Courts examine whether harassment interfered with work performance, caused health problems, or forced absences. Federal case law requires a showing that conduct was severe or pervasive rather than trivial or isolated. Illinois courts apply similar standards under the Human Rights Act. The totality of circumstances always matters. ### Sexual Harassment As A Form Of Hostile Work Environment Sexual harassment remains one of the most common hostile environment claims. It includes unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The Illinois Human Rights Act expressly prohibits sexual harassment in employment under [775 ILCS 5/2-102(D)](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm). Title VII also recognizes hostile environment sexual harassment under federal law. Supervisory pressure tied to job benefits or threats is often treated seriously because power imbalance intensifies coercion. We evaluate whether conduct meets statutory definitions and whether internal policies were followed or ignored. ### Filing Deadlines And Administrative Requirements Strict deadlines apply. Federal claims under Title VII typically require filing an administrative charge with the Equal Employment Opportunity Commission before going to court. Illinois law often involves filing with the Illinois Department of Human Rights. Time limits depend on the statute and may change with legislative amendments. Missing a deadline can bar a claim. We assess the correct filing forum, cross-filing availability, and relationship between federal and state processes to preserve rights. ### Hostile Work Environment In Remote And Hybrid Work Settings Modern workplaces extend beyond physical offices. Harassment may occur during video meetings, on collaborative platforms, through text messaging, and in social media interactions related to employment. Illinois and federal law focus on whether conduct is connected to employment rather than where it physically occurred. Remote work does not eliminate an employer’s responsibility to maintain a non-discriminatory environment. We analyze digital evidence and communication records in these cases. ### Damages And Remedies Available Under The Law When unlawful harassment is proven, remedies may include reinstatement, back pay, compensatory damages, punitive damages under certain federal standards, and attorney fees. Title VII places certain caps on damages based on employer size, while the Illinois Human Rights Act provides additional remedies under 775 ILCS 5/8B-104. Courts also order injunctive relief requiring employers to change policies, train staff, or remove offenders from supervisory roles. The appropriate remedy depends on the facts of the case and the applicable statutes. ### Why Early Legal Advice Matters Early involvement allows preservation of evidence, timely filing, and correct strategic choices. Employers often move quickly once complaints are made, sometimes attempting to shift blame or reframe events. We protect employees from intimidation, ensure proper documentation, and position cases effectively from the outset. Hostile environment cases are rarely simple. They require an understanding of both law and workplace dynamics. ## Frequently Asked Questions About Hostile Work Environments ### What Qualifies As A Hostile Work Environment In Illinois? A hostile work environment exists when harassment based on a protected characteristic is severe or pervasive enough to change working conditions and create an abusive atmosphere. Federal law under Title VII and Illinois law under the Human Rights Act protect against harassment based on race, sex, religion, national origin, disability, age, sexual orientation, and other protected traits. ### Does Harassment Have To Be Sexual To Be Illegal? No. Harassment can be racial, religious, disability based, or related to any protected characteristic. Sexual harassment is only one form. Repeated slurs, exclusion, threats, or ridicule linked to a protected trait can also create a hostile work environment if severe or pervasive. ### Can A Single Incident Be Enough To Support A Claim? Yes, but only when extremely severe. For example, sexual assault or violent threats may meet the standard even without repetition. More commonly, courts review ongoing conduct happening over time. Each situation must be evaluated individually. ### What If The Employer Never Knew About The Harassment? Employer liability often depends on knowledge. Employers are typically liable for supervisor harassment that results in tangible employment actions. For co-worker harassment, liability often arises when management knew or should have known and failed to act. Written complaints, email reports, or witness knowledge can establish notice. ### Is Complaining About Harassment Protected From Retaliation? Yes. Both Title VII and the Illinois Human Rights Act prohibit retaliation for reporting harassment or aiding investigations. Retaliation can include firing, demotion, reduction in hours, schedule changes, or harassment tied to the complaint itself. ### How Long Is Available To File A Hostile Environment Claim? Deadlines vary depending on whether the claim proceeds under federal or state law. Charges often must be filed within a set number of days with the EEOC or the Illinois Department of Human Rights. Because deadlines are strict, prompt evaluation is important. ### Can Supervisors Be Held Individually Liable Under Illinois Law? Illinois law may permit claims against certain individuals depending on circumstances, while federal law primarily targets employers. Case structure often determines proper defendants. Strategic pleading matters at the outset. ### What Evidence Is Most Helpful In Hostile Environment Cases? Helpful evidence includes written communications, text messages, lawful recordings, witness accounts, performance records, and prior complaints. Keeping a timeline of events can also strengthen credibility. Strong documentation often impacts settlement outcomes. ### Does Harassment Outside The Workplace Count? Yes, if it is connected to employment. Off-site conduct at work events, business trips, or electronic communications tied to work duties can qualify if related to employment relationships and protected characteristics. ### Can Remote Employees Experience A Hostile Work Environment? Yes. Digital communication can still create a hostile environment. Video meetings, messaging platforms, and email exchanges may generate liability when abusive and based on protected traits. ## Call Our Chicago Employment Law Attorneys For A Free Consultation Hostile work environment harassment threatens dignity, income, and mental health. Federal and Illinois law provide strong protections and meaningful remedies when harassment becomes illegal. For guidance from attorneys who fight aggressively to protect employee rights, contact our [Chicago employment law attorney](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). Law Offices of Joshua D. McCann, LTD represents employees across Chicago from its Lisle, Illinois office and stands ready to enforce workplace rights when harassment crosses the legal line. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law Lawyer --- ### [Was Your Illinois Termination Pretextual? How Employers Hide Discrimination](https://chicagolegalcounsel.com/was-your-illinois-termination-pretextual-how-employers-hide-discrimination/) **Published:** March 10, 2026 **Author:** msaawe **Content:** Losing a job is rarely just about a paycheck. For many Illinois workers, termination comes with confusion, anger, and a lingering sense that something does not add up. We regularly speak with employees who were told they were fired for performance, restructuring, or policy violations, yet the timing and circumstances raise serious concerns. When an employer gives a reason for termination that masks unlawful intent, the law refers to that explanation as pretextual. Pretextual termination occurs when an employer offers a false or misleading reason to conceal discrimination or retaliation. Under both Illinois and federal employment law, employers are prohibited from firing workers because of protected characteristics or protected activity. While companies often try to appear compliant on paper, internal decisions frequently tell a different story. Understanding how pretext works is critical for employees who believe they were wrongfully terminated. Illinois and federal courts recognize that discrimination is rarely admitted openly. Instead, it is often hidden behind shifting explanations, selective enforcement of rules, or sudden negative reviews. When those explanations do not align with the evidence, employees may have strong legal claims. ## What Pretext Means Under Illinois And Federal Employment Law Under federal law, discrimination claims are commonly analyzed using the burden shifting framework established by McDonnell Douglas Corp. v. Green. Once an employer offers a legitimate reason for termination, the employee has the right to show that the stated reason is not the true reason but a pretext for unlawful conduct. Illinois law follows similar principles. The Illinois Human Rights Act, found at [775 ILCS 5](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), prohibits discrimination based on race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, and other protected traits. Federal statutes including Title VII of the [Civil Rights Act of 1964](https://www.archives.gov/milestone-documents/civil-rights-act) at 42 U.S.C. § 2000e, the Age Discrimination in Employment Act at [29 U.S.C. § 621](https://www.law.cornell.edu/uscode/text/29/621), and the [Americans with Disabilities Act](https://www.ada.gov/) at 42 U.S.C. § 12101 provide overlapping protections. Pretext can be proven by showing inconsistencies, implausibilities, or contradictions in the employer’s explanation. Courts do not require employees to prove discrimination beyond all doubt. Instead, employees must show that the employer’s stated reason is not credible. ### Common Ways Employers Conceal Discriminatory Terminations Employers often rely on familiar narratives to justify termination. Performance issues are one of the most common. We see cases where employees receive positive evaluations for years, only to be terminated shortly after engaging in protected activity or disclosing a medical condition. Sudden claims of poor performance may signal pretext when unsupported by documentation. Another tactic involves selective enforcement of workplace rules. An employee may be terminated for violating a policy that others routinely violate without consequence. When discipline is applied unevenly based on protected status, the law allows those discrepancies to be examined closely. Restructuring and layoffs are also frequently cited. While business changes are lawful, terminating a specific employee under the guise of restructuring while retaining similarly situated workers can expose unlawful motives. Timing is often key in these cases. ### Retaliation And Pretext Often Go Hand In Hand Retaliatory discharge claims are closely related to pretextual termination. Illinois recognizes a strong public policy exception to at-will employment when an employee is fired for asserting legal rights. Under Illinois common law, employees may bring retaliatory discharge claims when termination violates a clearly mandated public policy. Federal law also prohibits retaliation. Title VII, the ADA, and the ADEA all make it unlawful to terminate an employee for opposing discrimination or participating in an investigation. When termination follows closely after protected activity such as filing a complaint, requesting accommodation, or taking protected leave, employers often attempt to disguise retaliation with unrelated justifications. Courts recognize that suspicious timing combined with weak explanations can establish pretext. Documentation, emails, and witness testimony frequently reveal the true motive. ### Evidence That Can Expose A Pretextual Termination Evidence plays a critical role in pretext cases. Performance reviews, disciplinary records, and internal communications often contradict the employer’s stated reasons. A lack of prior warnings can undermine claims of performance based termination. Comparative evidence is also powerful. When similarly situated employees outside the protected class are treated more favorably, that disparity can support an inference of discrimination. Illinois and federal courts allow employees to compare their treatment to coworkers with similar roles and responsibilities. Shifting explanations are another red flag. If an employer gives different reasons at different times, credibility suffers. Courts view inconsistent explanations as strong indicators of pretext. ### Legal Consequences For Employers Who Use Pretext Employers who terminate workers based on pretext face serious legal exposure. Remedies under Illinois and federal law may include reinstatement, back pay, front pay, compensatory damages, and in some cases punitive damages. Attorney fees and costs may also be recoverable. Beyond financial liability, employers risk reputational harm and regulatory scrutiny. The Illinois Department of Human Rights and the Equal Employment Opportunity Commission both investigate discrimination claims. Findings of wrongdoing can have lasting consequences for businesses. ## Frequently Asked Questions About Pretextual Termination In Illinois ### What Is The Difference Between An Unfair Termination And An Illegal One? Not every unfair termination is illegal. Illinois is an at-will employment state, meaning employers may terminate employees for many reasons. A termination becomes illegal when it is based on discrimination or retaliation prohibited by state or federal law. Pretext arises when the employer hides that unlawful reason behind a false explanation. ### How Can We Tell If An Employer’s Reason Is Pretextual? Pretext is often revealed through inconsistencies, lack of documentation, or contradictory evidence. Sudden performance issues, selective discipline, or changing explanations can all support a finding of pretext. Courts examine whether the stated reason makes sense in light of the full record. ### Does Timing Matter In Pretext Cases? Yes. Timing can be critical. When termination closely follows protected activity such as reporting discrimination or requesting accommodation, courts may infer retaliatory intent. While timing alone may not be enough, it becomes powerful when combined with weak or inconsistent explanations. ### Can Employers Fire Someone While An Investigation Is Ongoing? Employers may claim the right to terminate during investigations, but doing so carries risk. Termination during or shortly after a complaint often raises suspicion. Employers must show legitimate, well-documented reasons unrelated to the protected activity. ### What Laws Protect Illinois Employees From Pretextual Termination? Illinois employees are protected by the Illinois Human Rights Act and Illinois common law retaliatory discharge principles. Federal protections include Title VII, the ADA, the ADEA, and related statutes enforced by the EEOC. ### What Should An Employee Do If They Suspect Pretext? Employees should preserve evidence, document timelines, and seek legal guidance promptly. Deadlines for filing claims with the EEOC or IDHR are strict. Early action can protect rights and strengthen a case. ## Call Law Offices of Joshua D. McCann, LTD For A Free Consultation If you believe your termination was based on a pretext designed to hide discrimination or retaliation, legal guidance can help you understand your rights and options. Law Offices of Joshua D. McCann, LTD represents employees facing retaliatory discharge and wrongful termination under Illinois and federal law. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment law lawyer](https://chicagolegalcounsel.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We represent clients throughout Chicago from our office in Lisle, Illinois, and are prepared to help you challenge unlawful termination practices. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law Lawyer --- ### [Older Employees Targeted In Illinois Layoffs: What The Law Protects](https://chicagolegalcounsel.com/older-employees-targeted-in-illinois-layoffs-what-the-law-protects/) **Published:** March 24, 2026 **Author:** msaawe **Content:** Layoffs are often described as business decisions driven by cost, restructuring, or market shifts. Yet for many older employees in Illinois, layoffs raise serious legal concerns when age appears to be a deciding factor. We routinely speak with workers who devoted decades to their employers, only to find themselves selected for termination while younger, less experienced employees remain. These situations create uncertainty, financial strain, and questions about whether the decision was lawful. Age-based employment decisions are not permitted under federal or Illinois law. Employers may reduce staff, but they may not target employees because of age, pension status, or proximity to retirement. When layoffs disproportionately affect older workers, the law allows those employees to challenge the decision and seek accountability. Understanding these protections is critical for anyone facing job loss later in their career. We represent employees throughout Chicago who believe their terminations were not merely layoffs but unlawful discrimination or retaliatory discharges. Knowing what the law requires and how employers often attempt to justify questionable decisions can make a meaningful difference in protecting your rights. ## Federal Age Discrimination Protections Under The ADEA The [Age Discrimination in Employment Act of 1967](https://www.dol.gov/general/topic/discrimination/agedisc#:~:text=The%20Age%20Discrimination%20in%20Employment,conditions%20or%20privileges%20of%20employment.), commonly known as the ADEA, protects workers age 40 and older from age discrimination. This federal law applies to employers with 20 or more employees and covers hiring, firing, layoffs, promotions, compensation, and benefits. Under the ADEA, an employer may not make employment decisions based on an employee’s age, cost, or proximity to retirement. In the context of layoffs, the ADEA becomes especially important when older workers are selected at higher rates than younger employees. Employers often claim performance issues or restructuring needs, but those explanations must be supported by evidence. If age were a motivating factor, even if not the only factor, the decision may violate federal law. The ADEA also imposes strict requirements on severance agreements that ask employees to waive age discrimination claims. These waivers must be written clearly, provide sufficient time for review, and include specific disclosures when part of a group layoff. Failure to follow these rules can invalidate the waiver entirely. ### Illinois Human Rights Act Protections For Older Workers Illinois law provides additional safeguards through the Illinois Human Rights Act. This statute prohibits age discrimination in employment and applies to a broader range of employers than federal law. Under Illinois law, it is unlawful to discharge, discipline, or otherwise disadvantage an employee because of age. The [Illinois Human Rights Act](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64) allows employees to pursue claims through the Illinois Department of Human Rights or in court under certain circumstances. Importantly, Illinois law often provides stronger remedies than federal law, including emotional distress damages and attorneys’ fees in appropriate cases. We frequently see Illinois employers rely on vague justifications such as “culture fit” or “long-term planning” when older employees are selected for layoffs. These explanations can raise red flags when they mask age-based assumptions rather than legitimate business reasons. ### When Layoffs Become Retaliatory Discharge Layoffs may also violate the law when they are used as retaliation. Retaliatory discharge occurs when an employer terminates an employee for engaging in a legally protected activity. For older employees, this often includes reporting discrimination, requesting workplace accommodations, filing workers’ compensation claims, or raising concerns about unlawful practices. Both federal law and Illinois law prohibit retaliation. An employer may not lawfully include an employee in a layoff because that employee asserted legal rights. When a termination closely follows protected activity, the timing itself may support a retaliation claim. We analyze not only what the employer claims, but also what occurred before the layoff decision. Emails, performance reviews, and internal communications often tell a different story than the one presented to the employee. ### Disparate Impact And Pattern Evidence In Layoff Decisions Even when an employer claims neutrality, layoffs may still violate the law under a disparate impact theory. Disparate impact occurs when a seemingly neutral policy disproportionately harms a protected group, such as older workers. Statistical evidence showing that older employees were laid off at higher rates can support these claims. Courts and agencies look closely at how layoff criteria were selected and applied. Subjective criteria such as “flexibility” or “future potential” are especially problematic when they correlate with age. Employers must be able to show that their methods were job-related and consistent with business necessity. ### Protecting Your Rights After An Age-Based Layoff Older employees facing layoffs should take steps to protect themselves early. Reviewing severance agreements carefully is critical, particularly when age discrimination waivers are involved. These agreements often contain strict deadlines and legal language that can affect future claims. Preserving evidence is equally important. Performance reviews, job descriptions, and communications related to the layoff can all play a role in evaluating whether the termination was lawful. Waiting too long may limit legal options due to filing deadlines under federal and Illinois law. ## Frequently Asked Questions About Age Discrimination And Layoffs In Illinois ### Can An Employer Lay Off Older Employees First In Illinois? An employer may not lawfully select employees for layoffs based on age. While employers can consider legitimate business factors, they cannot target workers because they are older, earn higher salaries due to tenure, or are close to retirement. If older employees are disproportionately affected, the employer may be required to explain and justify its decision under federal and Illinois law. ### What Is Required For A Valid Age Discrimination Waiver? Under the ADEA, an age discrimination waiver must meet strict requirements. The waiver must be written clearly, advise the employee to consult an attorney, provide sufficient time for review, and allow a revocation period after signing. In group layoffs, employers must also disclose age and job title information for affected and unaffected employees. Failure to comply can invalidate the waiver. ### How Do I Know If My Layoff Was Retaliation? Retaliation may be present when a layoff follows protected activity such as reporting discrimination or requesting accommodations. Timing, changes in treatment, and inconsistencies in the employer’s explanation are often key indicators. Both federal and Illinois law prohibit retaliation, even when the employer labels the termination as part of a broader reduction. ### Can I Bring A Claim If Younger Employees Kept My Job? Yes. When younger employees with similar or lesser qualifications remain employed while older workers are terminated, this may support an age discrimination claim. The comparison between employees is often central to proving an unlawful motive under both the ADEA and the Illinois Human Rights Act. ### What Deadlines Apply To Age Discrimination Claims? Age discrimination claims are subject to strict deadlines. Federal claims generally require filing with the EEOC within a limited time, while Illinois claims follow state-specific procedures. Missing a deadline can bar recovery, which is why early legal review matters. ## Call Law Offices of Joshua D. McCann, LTD For A Free Consultation If you believe you were targeted in a layoff because of age or retaliation, we are prepared to evaluate your situation and explain your options. Law Offices of Joshua D. McCann, LTD represents employees throughout Chicago from our office in Lisle, Illinois. We focus on holding employers accountable under federal and Illinois employment laws. To schedule your FREE consultation, contact our [Chicago age discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Age Discrimination Lawyer --- ### [Was I Fired Because Of Workplace Discrimination?](https://chicagolegalcounsel.com/was-i-fired-because-of-workplace-discrimination/) **Published:** September 8, 2026 **Author:** msaawe **Content:** Losing your job can make you wonder if your employer’s explanation is the real reason. Companies often say a firing happened because of poor performance, restructuring, attendance issues, or breaking a workplace rule. Sometimes these reasons are valid, but sometimes they hide discrimination based on a protected characteristic. Employers almost never admit that bias played a role, so these cases usually rely on the facts, changing stories, unfair discipline, and how similar employees were treated. We help employees review their work history to see if illegal discrimination may have been a factor in their firing. ## Not Every Unfair Termination Is Illegal In Illinois, most jobs are considered at-will. This means an employer can usually fire someone for a bad reason, an unfair reason, or no reason at all, as long as it does not break a contract, law, or public policy. Discrimination at work is different. Both federal and Illinois laws make it illegal for employers to fire someone because of certain protected traits. To win a claim, you need more than proof that your employer was harsh or made a poor decision. There must be evidence linking the firing to discrimination, retaliation, or another illegal reason. We start by looking at what changed before you were fired. Did a new boss make biased remarks? Did expectations suddenly get tougher? Did your employer start writing up small issues they used to ignore? Were people outside your protected group treated better for doing the same things? These answers help tell the difference between a normal workplace problem and possible discrimination. ### Federal Law Protects Employees From Discriminatory Discharge [Title VII](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) of the Civil Rights Act of 1964 prohibits covered employers from discharging or otherwise discriminating against an individual because of race, color, religion, sex, or national origin. The prohibition appears in [42 U.S.C. Section 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2). Federal protection against sex discrimination includes claims involving pregnancy and other forms of sex-based unequal treatment. Other federal statutes protect additional groups. The Age Discrimination in Employment Act prohibits covered employers from firing or otherwise discriminating against workers who are at least 40 years old because of age. The governing prohibition appears in [29 U.S.C. Section 623](https://www.law.cornell.edu/uscode/text/29/623). The Americans with Disabilities Act prohibits covered employers from discriminating against a qualified individual on the basis of disability in hiring, discharge, compensation, advancement, training, and other employment terms. The federal prohibition appears in [42 U.S.C. Section 12112](https://uscode.house.gov/view.xhtml?req=(title:42%20section:12112%20edition:prelim)). Different federal laws contain different definitions, employer-coverage requirements, causation standards, and procedural rules. We evaluate which statutes apply rather than treating every termination claim as legally identical. ### Illinois Law Provides Broad Workplace Protections The Illinois Human Rights Act prohibits employment discrimination based on numerous protected characteristics. These include race, color, religion, sex, national origin, ancestry, age, marital status, order of protection status, physical or mental disability, military status, sexual orientation, pregnancy, reproductive health decisions, and unfavorable military discharge. Illinois law may therefore protect an employee in circumstances that require a separate analysis from federal law. The Illinois Department of Human Rights explains that the Act applies to employment decisions such as firing, layoff, discipline, demotion, promotion, performance evaluations, compensation, working hours, leave, and other terms and conditions of employment. Illinois law may also apply to employers that are not covered by a particular federal statute. Employer size and the nature of the claim can affect which legal protections are available. We examine both federal and state law because limiting the review to one system can cause an employee to overlook a viable claim. ### Suspicious Timing May Support A Discrimination Claim Timing does not prove discrimination by itself, but it can be important. A firing may deserve closer review when it occurs shortly after an employer learns about a pregnancy, disability, religious need, interracial relationship, gender transition, medical restriction, or another protected fact. The same concern may arise when an older employee is terminated soon after management discusses bringing in younger workers or reducing payroll costs. A termination shortly after an employee returns from disability-related leave may also warrant investigation, particularly when the employer previously praised the employee’s performance. We compare the timing of the termination with evaluations, emails, attendance records, accommodation requests, management meetings, disciplinary notices, and changes in job duties. A timeline can reveal whether the employer’s criticism existed before the protected issue arose or appeared only afterward. ### Unequal Discipline Can Be Evidence Of Discrimination One common warning sign is unequal enforcement of workplace rules. An employer may claim that you were fired for tardiness, insubordination, a customer complaint, or a policy violation while retaining employees outside your protected group who engaged in comparable or more serious conduct. The employees being compared do not always need to have identical jobs or records, but meaningful similarities matter. Relevant questions include whether the employees had the same supervisor, violated the same rule, had similar disciplinary histories, and worked under similar conditions. An employer may have a legitimate reason for imposing different discipline. One employee may have received prior warnings, held a safety-sensitive position, or committed a more serious offense. We review the complete context rather than relying on a superficial comparison. Useful evidence may include disciplinary records, workplace policies, schedules, performance reviews, witness statements, internal messages, and records showing how the employer handled earlier incidents. ### Changing Explanations May Suggest Pretext An employer’s explanation for a firing should remain reasonably consistent. A company may create suspicion when a supervisor gives one reason during the termination meeting, human resources gives another reason in writing, and the employer later offers a third explanation during an agency investigation. A false or shifting explanation may support an argument that the stated reason is pretext, meaning it is not the employer’s true reason. Pretext can also be shown when the employer cannot produce records supporting its claims, abandons its usual disciplinary process, applies a policy selectively, or relies on facts that decision-makers knew were inaccurate. We do not assume that every inconsistency proves discrimination. People may communicate poorly, and several legitimate reasons may contribute to a decision. The issue is whether the contradictions, together with the remaining evidence, reasonably support an inference that discrimination influenced the termination. ### Sudden Performance Problems May Be A Warning Sign A history of positive evaluations followed by abrupt criticism can raise questions. This is especially true when the criticism begins after management learns of a protected characteristic, accommodation need, discrimination complaint, or anticipated leave. Employers are allowed to change standards, replace managers, and demand improved performance. A good past record does not guarantee continued employment. However, an employer may have difficulty defending a termination when it cannot explain why documented performance changed so sharply. We examine whether the new criticisms are supported by objective evidence. We also compare the employee’s targets, assignments, resources, deadlines, and training with those given to coworkers. Sometimes an employer creates conditions designed to make a particular employee appear unsuccessful. Preserve performance reviews, awards, customer praise, productivity data, sales records, emails, and earlier statements about your work. These records may become difficult to obtain after access to company systems is terminated. ### Retaliation Can Be Connected To A Discrimination Complaint An employee may have a claim even when the employer disputes the underlying discrimination complaint. Title VII prohibits retaliation against an employee because the employee opposed an unlawful employment practice or participated in a discrimination charge, investigation, or hearing. The federal retaliation provision appears in 42 U.S.C. Section 2000e-3. Protected activity may include reporting discriminatory treatment to human resources, supporting a coworker’s complaint, requesting certain disability or religious accommodations, filing an agency charge, or participating in an investigation. The activity must concern conduct that the employee reasonably understands as potentially unlawful discrimination. Retaliation may be shown through termination, demotion, reduced hours, undesirable assignments, intensified scrutiny, or other materially harmful action. Close timing between a complaint and termination can be relevant, but we also look for evidence of management hostility, procedural irregularities, shifting reasons, and different treatment after the complaint. ### Disability Discrimination May Involve Accommodation Issues A disability-related termination may involve more than an openly biased statement. The dispute may concern whether the employee could perform the essential functions of the position with a reasonable accommodation. Under the ADA, a qualified individual is someone who can perform the essential job functions with or without a reasonable accommodation. An employer may need to consider changes such as modified schedules, accessible equipment, job restructuring, leave, or another effective accommodation, depending on the circumstances. The ADA prohibits disability discrimination in discharge and other employment decisions under 42 U.S.C. Section 12112. An employer does not necessarily need to remove essential job duties, accept indefinite leave, or provide an accommodation that creates an undue hardship. These cases depend heavily on job descriptions, medical information, communications between the parties, available positions, and the employer’s response to the request. A termination may be suspicious when the employer fires an employee immediately after learning of a medical restriction without discussing possible accommodations. ### Age Discrimination Can Be Hidden Behind Restructuring Employers may reduce staff, eliminate positions, or reorganize departments for lawful business reasons. A restructuring can still be discriminatory when older employees are disproportionately selected because of age. The ADEA protects employees who are 40 or older from termination because of age. Relevant evidence may include age-related comments, replacement by a substantially younger worker, manipulated performance rankings, patterns showing older employees were selected for layoff, or pressure to retire. Cost concerns do not automatically establish age discrimination, even when older employees earn higher salaries. We examine whether management used salary as a genuine financial criterion or as a substitute for assumptions about age, energy, adaptability, or retirement plans. Employees presented with severance agreements should review them carefully before signing. A release may waive legal claims, and federal law imposes specific requirements on waivers of ADEA rights by employees who are 40 or older. ## Call The Law Office Of Josh McCann About A Workplace Discrimination Termination A termination can be legally discriminatory even when the employer uses neutral language such as performance concerns, restructuring, attendance, or lack of fit. We examine whether the stated explanation matches the record, whether policies were enforced consistently, whether protected employees were treated differently, and whether retaliation followed a complaint or accommodation request. The Law Office of Josh McCann represents employees in Chicago and surrounding communities from its office in Lisle, Illinois. The firm assists workers facing discriminatory termination, retaliation, disability-related employment disputes, unequal discipline, and other violations of federal and Illinois employment law. To [receive your free consultation](https://chicagolegalcounsel.com/contact/), contact our [Chicago employment discrimination attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Office of Josh McCann when you call [(847) 450-1103](tel:18474501103) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Wrongful Termination **Tags:** Was I Fired Because Of Workplace Discrimination? --- ### [Gender Stereotyping And Workplace Discrimination In Illinois](https://chicagolegalcounsel.com/gender-stereotyping-and-workplace-discrimination-in-illinois/) **Published:** August 27, 2026 **Author:** msaawe **Content:** Workplace discrimination is not always obvious. In many cases, unlawful treatment arises from assumptions about how men and women should behave, look, communicate, or perform their jobs. These assumptions, often referred to as gender stereotypes, can influence hiring decisions, promotions, disciplinary actions, compensation, and workplace culture. Employees may be denied opportunities because they do not fit a manager’s expectations regarding masculinity, femininity, caregiving roles, leadership style, appearance, or behavior. Federal and Illinois law prohibit employers from making employment decisions based on these stereotypes. When gender stereotyping affects an employee’s career, legal remedies may be available. Understanding your rights is an important step toward protecting yourself from unlawful workplace conduct. ## What Is Gender Stereotyping? Gender stereotyping occurs when an employer treats an employee differently because of assumptions about how individuals of a particular sex should act, dress, speak, or perform their job duties. These stereotypes can affect both men and women and may occur in virtually any industry. Examples of gender stereotyping can include assumptions that women are less suited for leadership positions, beliefs that men should not take on caregiving responsibilities, criticism of employees who do not conform to traditional gender expectations, or unequal treatment based on appearance standards. While some workplace decisions may appear subjective, employment actions motivated by gender stereotypes can violate both federal and Illinois law. ### Federal Protections Against Gender Stereotyping Title VII of the Civil Rights Act of 1964, codified at [42 U.S.C. § 2000e-2](https://www.law.cornell.edu/uscode/text/42/2000e-2), prohibits discrimination based on sex in hiring, firing, compensation, promotions, and other terms and conditions of employment. One of the most important cases involving gender stereotyping is [Price Waterhouse v. Hopkins](https://en.wikipedia.org/wiki/Price_Waterhouse_v._Hopkins), 490 U.S. 228 (1989). In that case, the United States Supreme Court recognized that employment decisions based on gender stereotypes may constitute unlawful sex discrimination under Title VII. Federal law prohibits employers from making employment decisions because an employee is perceived as too aggressive, too emotional, too masculine, too feminine, or otherwise inconsistent with traditional gender expectations. Courts have repeatedly recognized that such stereotypes can form the basis for actionable discrimination claims. ### Illinois Law Provides Additional Protection Illinois employees are protected not only by federal law but also by the Illinois Human Rights Act, [775 ILCS 5/1-101](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64). The Illinois Human Rights Act prohibits discrimination in employment based on sex and several other protected characteristics. Employers covered by the Act may not make hiring, promotion, compensation, discipline, or termination decisions based on unlawful stereotypes relating to gender. Illinois law also provides avenues for employees to pursue claims through the Illinois Department of Human Rights. In many situations, state law protections work alongside federal protections to provide broader remedies and enforcement options. ### Common Examples Of Gender Stereotyping In The Workplace Gender stereotyping can take many forms. Some examples are obvious, while others are more subtle. A female employee may be denied a promotion because decision-makers believe she lacks the personality traits they associate with leadership. A male employee may be criticized for taking parental leave because supervisors believe caregiving responsibilities should primarily belong to women. Employees may be subjected to comments about their appearance, communication style, or personality based on expectations tied to gender. In some workplaces, women are expected to perform administrative tasks regardless of their position, while men are presumed to be better suited for management roles. These assumptions can create unequal opportunities and may support discrimination claims when they influence employment decisions. ### Gender Stereotyping And Pregnancy Discrimination Gender stereotypes frequently play a role in pregnancy-related discrimination. Federal law, through the Pregnancy Discrimination Act, [42 U.S.C. § 2000e(k)](https://www.law.cornell.edu/uscode/text/42/2000e), prohibits discrimination based on pregnancy, childbirth, and related medical conditions. Employers may unlawfully assume that pregnant employees are less committed to their careers or incapable of performing certain duties. Decisions based on these assumptions can violate federal law. Illinois law also provides protections for pregnant employees and requires reasonable accommodations in many situations. Employers cannot rely on stereotypes about pregnancy when making employment decisions. ### Gender Stereotyping And LGBTQ+ Employees The United States Supreme Court’s decision in [Bostock v. Clayton County](https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf), 140 S. Ct. 1731 (2020), significantly expanded protections under Title VII by holding that discrimination based on sexual orientation or gender identity constitutes discrimination because of sex. Many claims involving LGBTQ+ employees involve gender stereotyping. An employer may improperly react to an employee’s appearance, behavior, mannerisms, or gender expression because they do not conform to traditional expectations. Federal and Illinois law prohibit employers from treating employees differently because of these factors. ### Retaliation After Complaining About Discrimination Employees who report gender stereotyping or workplace discrimination are protected from retaliation. Title VII prohibits employers from retaliating against employees who oppose unlawful discrimination or participate in investigations or legal proceedings. Similarly, the Illinois Human Rights Act contains anti-retaliation provisions designed to protect workers who assert their rights. Retaliation can include termination, demotion, reduced hours, undesirable assignments, disciplinary actions, exclusion from opportunities, or other adverse employment actions. In some cases, retaliation claims become stronger than the underlying discrimination claims because the retaliatory conduct is easier to prove. ### Building A Gender Discrimination Claim Documentation is often critical in employment discrimination cases. Employees should preserve emails, text messages, performance reviews, disciplinary records, witness information, and other evidence that may help establish a pattern of discriminatory treatment. Timing also matters. There are deadlines for filing complaints with administrative agencies and pursuing legal claims. Waiting too long may limit available options. A careful review of workplace records, company policies, witness statements, and employment history can help determine whether unlawful discrimination occurred. ## Why Legal Representation Matters Employers often defend discrimination claims aggressively. They may argue that employment decisions were based on performance, business needs, or other legitimate factors rather than unlawful stereotypes. Successfully pursuing a claim often requires gathering evidence, identifying inconsistencies in the employer’s explanations, analyzing employment records, and applying federal and state employment laws to the facts of the case. When workplace decisions are influenced by unlawful gender stereotypes, employees deserve to understand their rights and the legal remedies that may be available. ## Illegal Gender Stereotyping Frequently Asked Questions ### What Is Gender Stereotyping In The Workplace? Gender stereotyping occurs when an employer makes decisions based on assumptions about how men or women should behave, appear, communicate, or perform their job duties. These assumptions can influence hiring, promotions, discipline, compensation, and termination decisions. ### Is Gender Stereotyping Illegal Under Federal Law? Yes. Courts have recognized that employment decisions based on gender stereotypes can violate Title VII of the Civil Rights Act of 1964. Employers cannot make decisions based on assumptions about how individuals should act because of their sex. ### Can Men Bring Gender Stereotyping Claims? Yes. Gender stereotyping protections apply to both men and women. A male employee who experiences adverse treatment because he does not conform to traditional gender expectations may have a valid claim under federal and Illinois law. ### What Evidence Can Help Prove A Gender Discrimination Claim? Emails, text messages, witness statements, performance reviews, disciplinary records, company policies, and evidence showing unequal treatment can all be important. The strength of a claim often depends on the quality of the available evidence. ### Are LGBTQ+ Employees Protected From Gender Stereotyping? Yes. Federal law and Illinois law provide protections for LGBTQ+ employees. Following the Bostock decision, discrimination based on sexual orientation or gender identity is prohibited under Title VII. ### Can An Employer Retaliate Against Me For Reporting Discrimination? No. Both federal and Illinois law prohibit retaliation against employees who report discrimination, participate in investigations, or assert their legal rights. Retaliation can create a separate legal claim. ### What Should I Do If I Believe I Am Being Discriminated Against? You should preserve relevant documents, maintain records of discriminatory conduct, and seek legal guidance as soon as possible. Early action can help preserve evidence and protect your rights. ### How Long Do I Have To File A Claim? The deadline depends on the facts of the case and the agency involved. Because filing deadlines can be strict, employees should act promptly to avoid losing potential claims. ## Contact Our Chicago Discrimination Attorney For A Free Consultation Gender stereotyping can damage careers, limit opportunities, and create an unfair work environment. At Law Office of Josh McCann, we help employees understand their rights under federal and Illinois employment laws and pursue claims when unlawful discrimination occurs. We are committed to holding employers accountable and protecting workers from discriminatory treatment in the workplace. If you believe you have experienced gender stereotyping, workplace discrimination, or retaliation, contact our [Chicago discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at the Law Office of Josh McCann at [(847) 450-1103](tel:18474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). Our office is located in Lisle, Illinois, and we proudly represent employees throughout Chicago and the surrounding areas. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Genger Discrimination **Tags:** Gender Stereotyping And Workplace Discrimination In Illinois --- ### [What Counts As Age Discrimination At Work In Illinois?](https://chicagolegalcounsel.com/what-counts-as-age-discrimination-at-work-in-illinois/) **Published:** August 1, 2026 **Author:** msaawe **Content:** Age discrimination is still a major issue at work, even though federal and state laws forbid it. Many people work for years, only to be treated differently as they get older. Sometimes, the discrimination is clear, like being replaced by a much younger person. Other times, it shows up in hiring, promotions, layoffs, discipline, or comments that make older workers feel less valued. Knowing what counts as age discrimination matters, since many employees don’t realize something illegal is happening until it has already harmed their job, income, or reputation. Federal and Illinois laws both ban age discrimination at work. The main federal law is the Age Discrimination in Employment Act of 1967 (ADEA), found at [29 U.S.C. § 621](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967). The Illinois Human Rights Act, at [775 ILCS 5/1-101](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2266&ChapterID=64), also protects employees from age-based discrimination. These laws make sure that decisions about hiring, firing, and promotions are based on skills and performance, not age or stereotypes. ## Understanding Age Discrimination Under Federal Law The ADEA protects employees and applicants who are 40 years of age or older. Under [29 U.S.C. § 623](https://www.law.cornell.edu/uscode/text/29/623), employers generally may not discriminate against qualified workers because of age regarding hiring, firing, promotions, compensation, job assignments, training opportunities, benefits, or other terms and conditions of employment. Federal law understands that age discrimination can be hard to spot. Employers almost never say age was the reason for their decisions. Instead, discrimination may be hidden behind things like restructuring, performance issues, cultural fit, succession planning, or efforts to modernize the workforce. The key legal question is whether age was a motivating factor in the adverse employment action. Evidence may include workplace statements, hiring patterns, disciplinary practices, internal communications, or differences in treatment between older and younger employees. ### Age Discrimination Under Illinois Law The Illinois Human Rights Act provides additional protections for employees throughout the state. Under [775 ILCS 5/2-102](https://www.ilga.gov/Documents/legislation/ilcs/documents/077500050K2-102.htm), employers are prohibited from discriminating against employees based on protected characteristics, including age. Illinois law covers many parts of employment, such as recruiting, hiring, promotions, discipline, pay, benefits, and firing. Employees can file claims with the Illinois Department of Human Rights or use other legal options, depending on their situation. The Illinois Human Rights Act is a valuable resource for workers who have faced discrimination and want to make sure employers are held responsible for breaking the law. ### Common Examples Of Workplace Age Discrimination Age discrimination can occur in many different forms. Some examples include: - Refusing to hire qualified applicants because they are viewed as too old. - Passing over older employees for promotions in favor of younger, less qualified workers. - Excluding older employees from training opportunities. - Pressuring older workers to retire. - Reducing responsibilities based on age-related assumptions. - Targeting older employees during layoffs. - Making negative comments about age, retirement, or perceived inability to adapt. While not every unfair workplace action constitutes discrimination, repeated patterns of age-based treatment may support a legal claim. ### Age-Related Harassment In The Workplace Harassment based on age may also violate federal and Illinois law. Age-related jokes, insults, ridicule, stereotypes, or repeated comments about retirement can create a hostile work environment. A single isolated remark may not always rise to the level of unlawful harassment. However, ongoing conduct that interferes with an employee’s ability to perform job duties or creates an intimidating work environment may become legally significant. Employers have a responsibility to address workplace harassment when they know or should know that unlawful conduct is occurring. ### Layoffs And Workforce Reductions Many age discrimination claims arise during layoffs and workforce reduction programs. Employers often justify layoffs based on economic conditions, restructuring efforts, or operational changes. Although employers may lawfully reduce their workforce, they cannot use layoffs as a pretext to remove older workers. Statistical evidence, internal communications, and workforce demographics often become important when evaluating whether age played an improper role in termination decisions. Older employees who are disproportionately affected by layoffs may have grounds to investigate whether unlawful discrimination occurred. ### Retaliation For Complaining About Age Discrimination Federal and Illinois law also prohibit retaliation against employees who report discrimination or participate in investigations. Under the ADEA and the Illinois Human Rights Act, employers generally cannot punish employees for asserting their legal rights. Retaliation may take many forms, including demotions, discipline, unfavorable assignments, reduced hours, termination, or other adverse actions. In some cases, retaliation claims become even stronger than the underlying discrimination allegations. Employees should carefully document complaints and subsequent workplace actions if they believe retaliation is occurring. ### Building An Age Discrimination Claim Successful age discrimination cases often depend on evidence. Employment records, performance evaluations, disciplinary histories, emails, witness testimony, hiring decisions, and comparative treatment of younger employees may all become relevant. Many employers attempt to justify adverse employment actions by citing performance concerns or business reasons. A thorough legal investigation often focuses on determining whether those explanations are legitimate or merely cover age-based motives. Because employers frequently deny discriminatory intent, gathering evidence early can be critical to protecting an employee’s rights. ## Why Early Legal Action Matters Employment claims are subject to strict filing deadlines and procedural requirements. Waiting too long can jeopardize your ability to pursue legal remedies. When age discrimination is suspected, it is often important to preserve records, document workplace conduct, identify witnesses, and evaluate potential claims as early as possible. Prompt action can help protect valuable evidence and strengthen a future case. ## Illinois Age Discrimination FAQs ### What Age Is Protected Under Federal Age Discrimination Laws? The Age Discrimination in Employment Act generally protects workers who are 40 years of age or older. Employees within this protected age group may pursue claims when adverse employment decisions are based on age rather than legitimate business reasons. ### Can An Employer Prefer Younger Workers? Generally, employers cannot make employment decisions based on age when doing so violates federal or Illinois law. Hiring, promotion, discipline, and termination decisions should be based on qualifications, performance, and legitimate business factors rather than age-related assumptions. ### Is It Illegal For A Supervisor To Make Jokes About My Age? Age-related jokes can be evidence of discrimination or harassment, particularly when they occur repeatedly or contribute to a hostile work environment. While a single comment may not automatically create a legal claim, ongoing conduct can become significant. ### Can I Be Fired Because I Am Close To Retirement? No employer may lawfully terminate an employee simply because the employee is approaching retirement age. Decisions based on age stereotypes or assumptions regarding retirement plans may violate federal and Illinois employment laws. ### What Evidence Helps Prove Age Discrimination? Evidence may include discriminatory comments, personnel records, emails, text messages, witness statements, statistical data, performance reviews, hiring records, and evidence showing different treatment between older and younger employees. ### What If My Employer Claims The Termination Was Based On Performance? Employers frequently defend claims by citing performance concerns. However, those explanations can be challenged if evidence shows that younger employees were treated differently, performance concerns were exaggerated, or the stated reason was not the true reason for the decision. ### Can I Be Retaliated Against For Reporting Age Discrimination? No. Both federal and Illinois laws prohibit retaliation against employees who report discrimination, participate in investigations, or assert their legal rights. Retaliation itself may create an additional legal claim. ### How Long Do I Have To File An Age Discrimination Claim? The applicable deadline depends on the specific facts, the laws involved, and the forum where the claim is filed. Because important deadlines may apply, employees should seek legal guidance as soon as possible after suspected discrimination occurs. ## Call Law Office Of Josh McCann For A Free Consultation Age discrimination can have a devastating impact on your career, financial security, and future opportunities. If you believe your employer has treated you unfairly because of your age, it is important to understand your rights and evaluate your legal options. At the Law Office of Josh McCann, we help employees investigate discrimination claims, gather evidence, hold employers accountable, and pursue the remedies available under federal and Illinois law. If you believe you have been the victim of age discrimination in the workplace, contact our [Chicago age discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) at the Law Office of Josh McCann to [receive your free consultation](https://chicagolegalcounsel.com/contact/) when you call [(847) 450-1103](tel:18474501103). Our office is located in Lisle, Illinois, and we proudly represent employees throughout Chicago and the surrounding areas. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Age Discrimination Attorney **Tags:** What Counts As Age Discrimination At Work In Illinois? --- ### [FMLA Retaliation Claims In Illinois: What Employees Need To Know](https://chicagolegalcounsel.com/fmla-retaliation-claims-in-illinois-what-employees-need-to-know/) **Published:** April 21, 2026 **Author:** msaawe **Content:** You should not lose your job for taking medical leave. Still, many employees in Chicago and Illinois are disciplined, demoted, have their hours cut, or are even fired soon after asking for or using leave under the Family and Medical Leave Act. We often talk to workers who feel something is off but are not sure if their employer broke the law. Both federal and Illinois laws offer real protections, but these only help if you know your rights and act quickly. The Family and Medical Leave Act, at [29 U.S.C. § 2601](https://www.dol.gov/agencies/whd/fmla), protects employees who need time off for serious health issues, childbirth, adoption, or caring for certain family members. If employers retaliate against workers for using these rights, the law offers solutions. We help employees figure out if what happened to them counts as unlawful retaliation and what to do next. ## Understanding Your Rights Under The Federal FMLA The FMLA applies to covered employers, generally those with 50 or more employees within a 75-mile radius, and to eligible employees who have worked for the employer for at least 12 months and at least 1,250 hours in the preceding year. Under [29 U.S.C. § 2612](https://www.law.cornell.edu/uscode/text/29/2612), eligible employees may take up to 12 workweeks of unpaid leave in a 12-month period for qualifying reasons. A serious health condition is defined in [29 U.S.C. § 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title29-section2611&num=0&edition=1999) and includes illnesses or conditions that require inpatient care or continuing treatment by a health care provider. Leave may also be taken to care for a spouse, child, or parent with a serious health condition, or for the birth or placement of a child. Under [29 U.S.C. § 2614](https://www.law.cornell.edu/uscode/text/29/2614), employees who take FMLA leave are entitled to reinstatement to the same or an equivalent position with equivalent pay, benefits, and other terms of employment. Employers may not interfere with, restrain, or deny the exercise of FMLA rights. They also may not discharge or discriminate against any individual for opposing practices made unlawful by the FMLA. ### What Constitutes FMLA Retaliation Retaliation happens when an employer takes negative action against an employee because they asked for or used FMLA leave. Courts often use a process similar to other employment discrimination cases to review FMLA retaliation claims. To prove FMLA retaliation, an employee usually needs to show they took protected action, faced a negative job consequence, and that the two are connected. Negative actions can include being fired, demoted, having pay or hours cut, getting bad reviews because of leave, or anything else that would make someone think twice about using FMLA rights. Timing matters. If someone is fired soon after coming back from leave, it can suggest retaliation. Employers may claim the discipline was for performance or company changes. We look closely at records, emails, and the order of events to see if the employer’s reason is just an excuse. ### Interaction With Illinois Employment Laws Illinois employees are also protected under state law. The Illinois Human Rights Act, 775 ILCS 5/1-101, prohibits discrimination based on disability, among other protected categories. If an employee’s serious health condition qualifies as a disability under state law, additional protections may apply, including reasonable accommodation requirements. The Illinois Employee Sick Leave Act, 820 ILCS 191/1, allows employees to use accrued personal sick leave benefits for certain family members. While this law is separate from the FMLA, retaliation for using protected leave under state law may give rise to additional claims. Chicago employees may also be covered by the Chicago Paid Sick Leave Ordinance, which provides paid sick leave benefits. Although FMLA leave is unpaid, employers cannot penalize employees for using protected paid sick leave where applicable. In some cases, conduct that violates local ordinances may also support evidence of broader retaliatory intent. ### Employer Defenses And Common Disputes Employers frequently claim that termination or discipline would have occurred regardless of FMLA leave. Under 29 C.F.R. § 825.216, an employer may deny reinstatement if it can prove that the employee would not otherwise have been employed at the time reinstatement is requested. For example, if there was a documented reduction in force affecting multiple employees, reinstatement may not be required. But employers cannot suddenly use small or previously ignored performance issues as an excuse for retaliation. If problems are only documented after a leave request, it can be a warning sign. We review evaluations, past discipline, and company policies to see if the employer’s story makes sense. Another common issue involves failure to Another common problem is not giving proper notice. Employees need to give enough information so the employer knows the leave might qualify for FMLA, but they do not have to use legal terms. If an employer ignores clear medical paperwork or tries to stop someone from taking leave, that can support claims of interference or retaliation. ### Remedies Available In FMLA Retaliation Cases The FMLA provides meaningful remedies under 29 U.S.C. § 2617. Employees may recover lost wages, salary, employment benefits, or other compensation denied or lost because of the violation. In some cases, liquidated damages equal to the amount of lost wages may also be awarded unless the employer can show good faith and reasonable grounds for believing it complied with the law. Equitable relief may include reinstatement or promotion. Courts may also award attorneys’ fees and costs to prevailing employees. Under the Illinois Human Rights Act, additional remedies may include compensatory damages for emotional distress and, in certain cases, punitive damages. Time limits apply. FMLA claims generally must be filed within two years of the alleged violation, or three years if the violation was willful. Claims under Illinois law may have different filing deadlines and administrative requirements. Acting promptly is critical. ### Practical Steps Employees Should Take If you think your employer retaliated against you for taking or asking for FMLA leave, it is important to keep records. Save copies of medical forms, leave approvals, performance reviews, discipline notices, emails, and any other written communication about your leave. Write down important dates, like when you asked for leave, when it was approved, when you came back, and when any negative actions happened. Having a clear timeline can be strong evidence. Avoid resigning before speaking with counsel unless circumstances make continued employment impossible. Voluntary resignation may affect available remedies. We can assess your situation, review the evidence, and advise you on the strongest course of action. FMLA retaliation claims are fact-specific. Not every termination after leave is unlawful, but many are. Careful legal analysis often reveals patterns that employees could not see on their own. ## Frequently Asked Questions About FMLA Retaliation Claims ### What If My Employer Says My Job Was Eliminated While I Was On Leave? Employers can cut jobs for real business reasons, but they have to show it was not because of your FMLA leave. If others in similar jobs stayed or if the decision came after you asked for leave, that timing could point to retaliation. We check company plans, messages, and hiring to see if the employer’s reason makes sense. ### Can My Employer Count FMLA Leave Against My Attendance Record? Federal law says FMLA leave cannot be used against you in job decisions. If your employer gives you attendance points or punishes you for absences covered by the FMLA, that could be interference or retaliation. Employers must separate protected leave from other absences in their attendance rules. ### What If I Was Demoted After Returning From Leave? You have the right to return to your same job or a similar one with the same pay, benefits, and conditions. If you are demoted, paid less, or your duties change a lot, it may break 29 U.S.C. § 2614. Employers cannot use your leave as a reason to lower your position unless they can prove it would have happened anyway. ### Do I Need To File A Complaint With A Government Agency Before Suing? For FMLA claims, you usually do not need to file with the Equal Employment Opportunity Commission before suing in federal court. But if your case also involves disability discrimination under the ADA or Illinois Human Rights Act, you may need to file first. We review all possible claims to make sure you follow the right steps. ### Can I Be Fired For Requesting FMLA Leave If It Is Ultimately Denied? Requesting FMLA leave is a protected activity. Even if the employer later determines that you were not eligible, firing you for making the request may still raise legal concerns. The key question is whether you made the request in good faith and whether the employer’s response was retaliatory rather than based on legitimate eligibility criteria. ## Contact Our Illinois FMLA Retaliation Attorneys If you think you were disciplined, demoted, or fired for using your rights under the FMLA or Illinois law, you do not have to handle this by yourself. Law Offices of Joshua D. McCann, LTD helps employees across Chicago from our Lisle office. We review FMLA retaliation claims, explain your options, and take legal action when needed. To [receive your free consultation](https://lawofficemichaelsmith.com/contact/), contact our [Chicago employment attorney](https://lawofficemichaelsmith.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We are here to help you understand your rights and make sure employers are held responsible if they retaliate against protected medical leave. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [Wrongful Termination After Medical Leave In Illinois](https://chicagolegalcounsel.com/wrongful-termination-after-medical-leave-in-illinois/) **Published:** April 7, 2026 **Author:** msaawe **Content:** Losing your job after taking medical leave is difficult. Many people in Illinois take time off to recover from surgery, manage a health issue, or care for a loved one, only to come back and find their job gone. Although Illinois is usually an at-will employment state, employers cannot fire someone for just any reason. Federal and Illinois laws set clear rules for how employers must treat workers who take protected medical leave. If those rules are broken, the termination may be illegal. We often talk to employees in Chicago who thought their jobs were safe while they were on approved leave. Some are told their performance is suddenly not good enough. Others learn their job has been changed or eliminated. Often, the timing of these actions raises legal questions. Our job is to find out if the termination broke federal or state law and to hold employers accountable if it did. ## Understanding At-Will Employment And Its Limits Illinois is an at-will employment state. This means an employer can fire an employee for any legal reason or even for no reason. The important word here is legal. Employers cannot fire someone for a reason that breaks federal or Illinois laws. For example, an employer cannot terminate an employee in retaliation for exercising rights under the federal Family and Medical Leave Act, codified at [29 U.S.C. § 2601](https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter28&edition=prelim). Nor can an employer discriminate based on a disability under the [Americans with Disabilities Act](https://www.ada.gov/). Illinois law also provides protection under the Illinois Human Rights Act, [775 ILCS 5/1-101](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Human%20Rights%20Act.&ActID=2266&ChapterID=64&ChapAct=775+ILCS+5%2F&SeqStart=600000&SeqEnd=1800000), which prohibits discrimination based on disability and other protected characteristics. If someone is fired soon after taking medical leave, we look at whether the employer’s reason is genuine or if it is covering up illegal retaliation or discrimination. ### Protections Under The Family And Medical Leave Act The [Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla#:~:text=The%20FMLA%20entitles%20eligible%20employees%20of%20covered,additional%20or%20greater%20protections%20under%20state%20law.) gives eligible employees up to twelve weeks of unpaid, job-protected leave in a year for certain medical and family reasons. Under 29 U.S.C. § 2612, this includes having a serious health condition that keeps you from doing your job, or needing to care for a spouse, child, or parent with a serious health condition. This law covers employers with fifty or more employees within seventy-five miles. To qualify, you usually must have worked for your employer for at least twelve months and put in at least 1,250 hours in the past year. FMLA gives two main protections. It stops employers from interfering with your right to take leave and from retaliating against you for using that right. Employers cannot fire or discriminate against anyone for standing up against illegal practices. If someone is fired while on FMLA leave or right after returning, we check if the employer put them back in the same or a similar job, as required by 29 U.S.C. § 2614. Not doing so may be a violation. ### Discrimination And The Americans With Disabilities Act Medical leave often involves a serious health condition that could count as a disability under the Americans with Disabilities Act (ADA). The ADA bans discrimination against qualified people with disabilities and requires employers with fifteen or more employees to provide reasonable accommodations unless it would be too difficult for the employer. According to 42 U.S.C. § 12112, discrimination includes not making reasonable accommodations for known physical or mental limitations. In many cases, taking medical leave can be seen as a reasonable accommodation. We assess whether the employer engaged in the required interactive process and whether reasonable accommodations were explored. ### Illinois Human Rights Act And State Law Protections The Illinois Human Rights Act expands protections for employees in this state. Under 775 ILCS 5/2-102, it is a civil rights violation for an employer to refuse to hire, to discharge, or to otherwise discriminate against an individual with respect to compensation, terms, or conditions of employment because of disability. Illinois law also says employers must provide reasonable accommodations to employees with disabilities unless doing so would be too hard for the employer. The Illinois Department of Human Rights makes sure these rules are followed. The [Illinois Employee Sick Leave Act](https://labor.illinois.gov/faqs/employee-sick-leave-act-faqs.html), lets employees use their sick leave for certain family reasons. While it does not give unlimited leave, it makes clear that employees cannot be punished for using their earned leave legally. ### Retaliation Claims After Medical Leave Retaliation claims are common in cases involving termination after medical leave. Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as requesting FMLA leave, seeking an accommodation under the ADA, or filing a complaint of discrimination. To prove retaliation, we usually need to show that the employee did something protected, the employer took negative action, and there is a link between the two. Timing is important. If someone is fired right after protected leave, it can suggest an unlawful reason. ### Damages And Legal Remedies Employees who win wrongful termination cases after medical leave may get important remedies. Under the FMLA, this can include back pay, front pay, getting your job back, and extra damages equal to lost wages if the employer acted in bad faith. The law is at 29 U.S.C. § 2617. Under the ADA and the Illinois Human Rights Act, available remedies may include lost wages, emotional distress damages, attorney fees, and, in some cases, punitive damages. Each case depends on specific facts and the applicable statute. We look at whether a violation happened and also at the full financial and personal effects of being fired. Medical leave often comes during tough times. Losing your income and health insurance then can make things even harder. ### Steps To Take If You Were Fired After Medical Leave If you were fired after taking medical leave, keep all your documents. This means FMLA approval letters, medical notes, emails, performance reviews, and termination letters. Do not change or throw away any records. You should also avoid signing severance agreements without legal review. Some agreements include releases that waive your right to pursue claims under federal or Illinois law. Time limits apply. FMLA claims generally must be filed within two years, or three years for willful violations. Claims under the ADA and Illinois Human Rights Act may require filing a charge with the Equal Employment Opportunity Commission or the Illinois Department of Human Rights within strict deadlines. Prompt legal evaluation can protect your rights and strengthen your position. ## FMLA Violations Frequently Asked Questions ### Can My Employer Fire Me While I Am On FMLA Leave? An employer cannot terminate you because you are on FMLA leave or because you exercised your rights under the Act. However, if the employer can prove that it would have terminated you regardless of the leave for legitimate reasons, such as documented misconduct or layoffs, termination may be lawful. The key issue is whether the leave was a motivating factor in the decision. We review evidence carefully to determine whether the employer’s explanation is consistent with past practice and documentation. ### What If My Position Was Eliminated While I Was On Medical Leave? An employer may conduct legitimate restructuring or reductions in force. However, your position cannot be targeted simply because you took protected leave. Under FMLA, you are entitled to reinstatement to the same or an equivalent position. If the employer claims your job was eliminated, we examine whether similarly situated employees were treated differently and whether the elimination was planned before your leave began. ### Does Short-Term Medical Leave Count As A Disability? A temporary condition can qualify as a disability under the ADA if it substantially limits one or more major life activities. The analysis depends on the severity and duration of the condition. Even if the condition is not permanent, the employer may still have a duty to provide reasonable accommodation. We evaluate medical documentation and job duties to determine whether ADA protections apply. ### Can I Be Fired For Requesting An Accommodation? Asking for a reasonable accommodation is your right. Firing someone for making this request may count as retaliation under federal and Illinois law. Employers must talk with employees to find possible accommodations. If they refuse and then fire you, it can help support your claim. ### What Compensation Can I Recover If My Rights Were Violated? You may be able to get lost wages, lost benefits, your job back, front pay, damages for emotional distress, and attorney fees. Sometimes, extra damages may be available. The amount depends on the law and your situation. We look at your income history, how long you were out of work, and how the firing affected you. ## Contact Law Offices of Joshua D. McCann, LTD If you lost your job after taking medical leave, you deserve clear information about your rights. Law Offices of Joshua D. McCann, LTD helps employees across[ Chicago](https://www.chicago.gov/) from our office in Lisle, Illinois. We know how hard it is to lose a job, especially after a serious health problem. To [receive your free consultation](https://lawofficemichaelsmith.com/contact/), contact our [Chicago employment law lawyer](https://lawofficemichaelsmith.com/employment-law/) at the Law Offices of Joshua D. McCann, LTD when you call [(847) 450-1103](tel:18474501103). We will look at your situation, explain your options under federal and Illinois law, and help you choose the best next steps. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** Employment Law --- ### [What Recourse Do I Have If My Boss Is Sexually Harassing Me?](https://chicagolegalcounsel.com/what-recourse-do-i-have-if-my-boss-is-sexually-harassing-me/) **Published:** September 14, 2021 **Author:** msaawe **Content:** ## **Illinois Law Pertaining To Sexual Harassment At Work** [Sexual harassment is illegal in the state of Illinois](https://ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64) as per the Illinois Human Rights Act. So if you are receiving unwanted sexual advances or being asked for sexual favors in the workplace, you can and should file a complaint and sue if no action is taken to correct the behavior. A Chicago employment lawyer who is proficient in handling these cases will prove invaluable at that time. This includes ‘quid pro quo’ harassment i.e. when a member of management offers a perk or a raise in return for dates and sexual favors. Another example of workplace sexual harassment is when an employer threatens to fire an employee if he/she refuses their sexual advances. Some other examples of workplace sexual harassment include: - Suggestive or insulting sounds (such as wolf whistles). - Unwelcome touching (such as pinching, caresses, sexual assault, kissing, etc). - Posters, pin-ups, or slogans of a sexual nature or statements about an employee’s body even outside their presence. - Viewing pornographic videos or websites at work. - Jokes about sex or sexts or threats of a sexual nature sent via mail or any other online resource. ## **Options For Victims Of Workplace Sexual Harassment** If you have been the victim of sexual harassment in the workplace, you have several options you can look into. You can: ### Report The Behavior To HR Or Management Many workplaces have clearly stated dedicated sexual harassment policies in place that allow employees to complain about and report incidents. ### Contact the Illinois Department of Human Rights (IDHR) If HR and management are being uncooperative or there is no sexual harassment policy in place at your company, [file a complaint](https://www2.illinois.gov/sites/sexualharassment/Pages/default.aspx) with the Illinois Department of Human Rights (IDHR). If you need immediate assistance, do not hesitate to call them on their 24/7 helpline by dialing [(847) 450-1103](tel:8474501103). The government agency has jurisdiction over such complaints and this also includes employment discrimination. The IDHR can help both private and public employees, vendors, employment agencies, property owners, real estate brokers/agents, and employees in public and private schools, colleges, or universities. They will also ensure the facts surrounding your case remain confidential during the investigation. This includes the identities of witnesses so you can make a formal complaint without worry. ## **Get In Touch With A Chicago Employment Lawyer Today!** Sexual harassment can take a mental and physical toll on even the strongest of people. It can make your life difficult and compromise your work performance indefinitely if the behavior is allowed to continue. Joshua McCann has been helping people get the justice they deserve for a long time and he has a great track record of successful cases. He understands the mental turmoil that sexual harassment victims go through and will ensure you are treated with the utmost care. You do not deserve to be treated like a piece of meat when you spent years to get to where you are today professionally. Get in touch with the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) today and get the justice and compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can My Employer Fire Me For Refusing The COVID Vaccination?](https://chicagolegalcounsel.com/can-my-employer-fire-me-for-refusing-the-covid-vaccination/) **Published:** November 24, 2021 **Author:** msaawe **Content:** Yes, but certain exceptions can lead to wrongful termination if they are violated. Illinois is an [at-will employment state](https://www2.illinois.gov/idol/FAQs/Pages/default.aspx). This means that your employer can terminate your employment for any reason and at any time. ## When You Can and Cannot Be Fired For Getting A Covid-19 Vaccine However, said reason cannot violate [Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), which prohibits employers from discriminating against their workforce based on their sex, color, race, religion, or national origin. (If you were fired because of any of those reasons, you should hire an employment law attorney in Chicago and file a claim to get the compensation you deserve). Since refusal to get the vaccine does not fall within this protection or other employment laws, your employer can fire you if your refusal violates a work policy. However, there are some circumstances under which you can refuse to get vaccinated and still keep your job: - *If you think that the vaccine violates a religious belief,* practice, *or observance.* - *If you have a serious medical condition that can worsen because of the vaccine. Check out the* [*Americans with Disabilities Act*](https://www.dol.gov/general/topic/disability/ada) *for more information.* In either of these cases, your employer has to provide reasonable accommodations as long as doing so does not strain business operations. This can include regular tests, allowing you to work from home or remotely, changing your shifts to reduce potential infections or reassignment. If you are part of a union, your employer may have to bargain with them before mandating a vaccine. ## What You Can Do If Your Employer Is Forcing You to Get Vaccinated If you do not want to get the COVID-19 vaccine because of the aforementioned protected issues and your employer will fire you if you don’t, you should discuss your options with an employment law attorney in Chicago. Lawyers who are experienced and proficient in state and federal law can help you determine if you have a valid case or not. If your religious or medical reasons are valid, you can file a claim and get compensated for sustained damages (such as job loss and emotional turmoil). If you have a solid case, your lawyer can help you communicate the fact to your employer in a way that can increase the likelihood of you keeping your job. If your request is denied, on the other hand, you can and should sue. ## Contact the Law Offices of Joshua D. McCann, LTD A lawyer from the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact/) can help you figure out the options you have at your disposal. As an employee, you should be able to go to work each day without fearing harassment or potential job loss. If you think you have been the victim of workplace discrimination, we urge you to pursue justice with our help. We have been representing employees who have been discriminated against and have been doing so for years. So we can help you get the compensation you deserve. Contact us for a free consultation today before it is too late. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can Religious and Medical Exemptions Under Title VII Be A Defense for Mandatory COVID Vaccine Refusal?](https://chicagolegalcounsel.com/can-religious-and-medical-exemptions-under-title-vii-be-a-defense-for-mandatory-covid-vaccine-refusal/) **Published:** December 14, 2021 **Author:** msaawe **Content:** Ever since President Biden announced his [Path Out of the Pandemic plan](https://www.whitehouse.gov/covidplan/), employers in Illinois and across the US have implemented mandatory Covid-19 vaccination policies. While the policies may differ from one employer to another, they must allow employees to request accommodations based on medical or religious grounds. An employment rights lawyer in Chicago will tell you the same thing, so your case may hold up in court as a defense for refusing the Covid-19 vaccine. ## What the EEOC Says As per the [Illinois Health Care Right of Conscience Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2082&ChapterID=58), some healthcare employees are exempt from liability if they refuse to participate in healthcare initiatives that are contrary to their conscience. However, they are also prohibited from discriminating against applicants and employees who refuse in kind. The government cannot force anyone to get vaccinated if they don’t want to. However, as per the mandate mentioned above, many workers will soon realize that vaccination is mandatory for continued employment, and [Title VII](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64) may not protect them. However, as per the new guidelines set by the Equal Employment Opportunity Commission (EEOC), employers can terminate employment on this basis only if it doesn’t violate the Americans with Disabilities Act (ADA) or infringe on anyone’s religious beliefs. Here are some of the main points that the EEOC set for medical and religious accommodations from vaccination requirements: - Employers should reasonably accommodate workers with sincere religious beliefs and medical conditions that conflict with the vaccination requirement. - The employee has to inform their employer that they wish to be exempt from getting the vaccine because it violates religious beliefs and can affect medical conditions. - Employers should assume that the request for vaccination exemption is based on sincerely held religious beliefs and medical conditions. In case of objections, the employer can conduct an inquiry and ask for supporting evidence or information. If the employee fails to provide either or refuses to comply, their request can be denied. The EEOC does not explicitly say that mandatory vaccination is legal in the points mentioned above. It doesn’t have to. Illinois is an ‘at-will state which means that employers can terminate employees for almost any reason that does not violate the employment contract or state/federal laws. As such, no law prevents employers from mandating that their employees should get vaccinated against Covid-19. However, employers can make continued employment conditional to ensure that their workers are not direct threats to the health and safety of their colleagues. This can include mandatory vaccinations. ## Contact the Law Offices of Joshua D. McCann, LTD for a Consultation Whether you got vaccinated or not because of medical or religious reasons, you should be able to work each day without fear of harassment or hostility. If you were also victimized in the workplace because of your sex, gender, race, or any other factor, contact [employment rights lawyer in Chicago, Law Offices of Joshua McCann](https://chicagolegalcounsel.com/), right away. He and his team of dedicated attorneys have been representing victims like you get the compensation they deserve from unfair treatment for years. Get in touch with us today to fight for the maximum amount you can get. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Properly Document Workplace Abuse](https://chicagolegalcounsel.com/how-to-properly-document-workplace-abuse/) **Published:** October 28, 2022 **Author:** msaawe **Content:** A toxic work environment can harm your mental health and overall well-being. If you are constantly anxious at work and cannot wait to clock out, you may be a victim of workplace harassment. The mistreatment may be subtle, but the effects ‘don’t lie. As per the [National Safety Council](https://www.nsc.org/workplace/safety-topics/workplace-violence#:~:text=Every%20year%2C%20millions%20of%20American,prone%20to%20violence%20than%20others.), workplace abuses account for injuries and, in some cases, fatalities. Take action before it is too late with help from a Chicago retaliatory discharge attorney if necessary. ## How to Document Workplace Abuse Your employer will have protocols in place to document workplace abuses. Some of the basic ones include the following: ### **Maintain Event Logs** ‘Don’t sit idly stewing in frustration after an incident. Record it in a detailed and organized event log. Depending on the severity of the incident, you may not have to wait to take action. These include violent events such as physical and verbal abuse that is racist or sexist. This does not mean you should ignore minor incidents or microaggressions. For instance, if a colleague keeps saying you are dumb or the reason why the company is losing money, you should record those comments in your log. Statements that imply you aren’t qualified for your job or only got it because of your gender or race should also be recorded. Make sure you also mention the location, date, and time of the incidents, along with a brief and specific description. Your Chicago retaliatory discharge attorney can use your log as proof in case your employer ‘doesn’t take your complaints seriously and fires you in retaliation. ### **Collect Supporting Evidence** If you received threatening or passive-aggressive messages/emails from workers or your employer, make sure you save them in an external hard drive you take home with you. This includes physical notes and pictures. Otherwise, it will be your word against your abuser’s. If the latter has worked with the company for years and generally has a good reputation, you will need strong proof to discredit them. ### **File a Complaint With the EEOC** According to the [Equal Employment Opportunity Commission](https://www.eeoc.gov/harassment) (EEOC), management should be allowed to investigate workplace harassment complaints and take corrective action where needed. If your employer fails to follow protocols or ‘hasn’t established any, you have 180 to 300 days from the date of the last alleged harassment to file a complaint with the EEOC. Before doing that, discuss your case with a Chicago retaliatory discharge attorney specializing in workplace harassment or abuse cases. Most provide free consultations to determine whether you should file a lawsuit. They will also provide the information you need to strengthen your claim and how you should word your complaint. ## Contact the Law Offices of Joshua D. McCann, LTD for a Consultation At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge), we have handled a series of cases on workplace abuses that have placed us on the map. We understand the hurt, panic, and heartbreak you may be going through after your employer fired you out of spite and can take legal action on your behalf. That type of illegal discharge can ruin your employment chances, especially if your employer refuses to give you a reference. We stand up to these bullies, so you don’t have to and ensure you get the compensation you deserve. **Tags:** - [Chicago retaliatory discharge attorney,](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=chicago-retaliatory-discharge-attorney) - [workplace abuses](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=workplace-abuses) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can Extreme Political Views Be Considered a Hostile Work Environment?](https://chicagolegalcounsel.com/can-extreme-political-views-be-considered-a-hostile-work-environment/) **Published:** November 16, 2022 **Author:** msaawe **Content:** Political expressions like campaign materials and provocative/unprofessional clothing can cause discomfort in the workplace. Extreme political views can create a hostile work environment and uncomfortable dynamics. But if your employer fires you because you disagree with their political views, you can sue them for [wrongful discharge](https://www.ilga.gov/legislation/102/HB/10200HB3530.htm) with help from a Schaumburg employment law attorney. ## Is Political Speech a Protected Activity? Political activity and speech are not well protected by anti-retaliation laws. You are protected under the law if you are a government employee. But that doesn’t mean you are allowed to display and distribute political paraphernalia to campaign at work. Employers have the right to enforce rules that forbid non-work-based activities such as political campaigning. This includes: - Distributing and displaying political materials. - Using company resources to spread political agendas via promotional materials. These include buttons, shirts, and other items that display political messages. The National Labor Relations Act does not protect [these activities](https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act). You may be legally discharged or face workplace penalties if you participate in these activities. ## Why Do Employers Have to Be Careful? While the law seems to be siding with employers, they must be careful before firing employees over their political affiliations or speech. They cannot discharge a worker for engaging in specific conduct. For instance, as per Illinois law, employers cannot manipulate workers to vote for a particular candidate or discriminate against a worker who wants to vote for the opponent. Firing an employee who wishes to vote for liberal candidates is a wrongful discharge. The nature of the political materials and conduct also comes into play here. For example, take the [Capitol Riots](https://www.nytimes.com/spotlight/us-capitol-riots-investigations). Some individuals who participated in it were arrested later. But as per Illinois law, their employers cannot fire them because they have a criminal record. Employers can fire them based on the activities that got them arrested. They cannot use the arrests as an excuse for termination. Employers can also terminate employment if political activities create a hostile work environment, i.e., if the activity: - Hinders work performance. In this case, you have to prove that the words or actions of a supervisor prevented you from working efficiently. - Is discriminatory. The worker or supervisor exhibits discriminatory behavior, i.e., against someone from a protected class. The burden of proof falls on victims. Once reported, your employer must address the issue timely and find a resolution. If the case is handled poorly or ignored, you can sue for damages and the emotional trauma you experienced because of the harassment. ## Contact The Law Offices of Joshua D. McCann, LTD For A Consultation Today! Do you dread going to work every day because of abusive colleagues or an irresponsible employer? Whether you face discrimination because of your race, gender, religion, or any other protected category, a Schaumburg employment law attorney can ensure you are compensated for your trauma. At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/), we have represented clients like you for years and ensured they received the compensation they deserved. Contact us for a consultation by dialing [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Request Reasonable Accommodations for Disabilities in 2024](https://chicagolegalcounsel.com/how-to-request-reasonable-accommodations-for-disabilities-in-2024/) **Published:** July 31, 2024 **Author:** msaawe **Content:** Navigating the workplace with a disability can present unique challenges, but the right accommodations can make a significant difference. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to have equal employment opportunities. As of 2024, it’s vital for employees and employers alike to understand the process of requesting these accommodations under the [Americans with Disabilities Act (ADA)](https://www.ada.gov/). ## Understanding Reasonable Accommodations A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. This may include adjustments to the job application process, modifications to the work environment, or changes that enable an employee with a disability to perform the essential functions of the job. ## How to Request Reasonable Accommodations ### 1. Identify Your Needs Consider what accommodation you need to perform your job effectively. This might be a physical change to your workspace, specific software for visual or hearing impairments, or a flexible work schedule. Understanding your own requirements is the first step in advocating for yourself. **Why Is This Important?** A clear understanding of your needs helps ensure that the accommodation you request will effectively address your challenges without being too burdensome for your employer. ### 2. Gather Medical Documentation Most employers will require some form of documentation that explains your disability and the need for accommodation. This documentation should come from a healthcare provider and detail how your disability affects your work and what accommodations could assist you. **Why Is This Important?** Providing clear and professional documentation from a medical expert adds legitimacy to your request and helps guide the employer in making appropriate accommodations. ### 3. Prepare a Formal Request Write a formal request for accommodations and submit it to your employer, typically to your HR department or your supervisor. This request should clearly state that you are asking for accommodations under the ADA and detail the specific accommodations you are seeking. **Why Is This Important?** A formal written request ensures there is an official record of your application, which can be important if there are disputes or misunderstandings about your request. ### 4. Engage in An Interactive Process Once your request is made, your employer is required to engage in what is known as an “interactive process” to determine the appropriate accommodation. Be prepared to discuss your needs and consider alternative accommodations if necessary. **Why Is This Important?** The interactive process ensures both you and your employer can openly discuss the accommodation’s feasibility and effectiveness, leading to a practical solution that works for both parties. ### 5. Know Your Rights Understanding your rights under the ADA is crucial. You are entitled to accommodations that do not impose an undue hardship on the operation of the business. If your request is denied, you should be told why and possibly offered an alternative. **Why Is This Important?** Knowledge of your rights empowers you to negotiate effectively and appeal or file a complaint if your rights are being violated. Requesting reasonable accommodations is not just about gaining the necessary tools to perform your job; it’s about fostering an inclusive workplace where all employees have the opportunity to succeed. If you encounter difficulties or resistance when requesting accommodations, or if you believe your rights under the ADA have been violated, it’s important to seek qualified legal advice. ## Call Our Chicago Employment Law Attorney for Legal Help At the Law Offices of Joshua D. McCann, LTD, we are committed to protecting the rights of workers with disabilities in Illinois. If you are seeking compensation in an employment law lawsuit or need assistance with reasonable accommodations, call us to [receive a consultation](https://chicagolegalcounsel.com/contact) tailored to your needs. Our experienced [Chicago employment law attorney](https://chicagolegalcounsel.com/employment-law) will help ensure that your rights are protected and that you receive the accommodations you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [A Look at the Provisions of the VA Accountability and Whistleblower Protection Act](https://chicagolegalcounsel.com/a-look-at-the-provisions-of-the-va-accountability-and-whistleblower-protection-act/) **Published:** December 17, 2017 **Author:** msaawe **Content:** The bipartisan VA Accountability and Whistleblower Protection Act was passed by the Senate on June 6, 2017, which was signed into law in by President Donald Trump, with the aim to bring a significant reform to civil service. The bill comprises of statutes that will ease restrictions pertaining to termination and discipline of employees that is directed from the veteran affairs dependent. The law is designed to streamline the process of handling employee misconduct and give more power to make decisions to the Secretary of Veteran Affairs. The need for introducing this act arose from the 2014 VA scandals that involved delays and long waiting times for veterans’ medical care, where VA employees were to blame. President Trump believed that this is a major reform as it is essential to ensure the veterans of our country are being treated with respect. The bill got great support from veterans’ advocacy groups, but received condemnation from civil servant unions. ## Provisions of the VA Accountability and Whistleblower Protection Act Let’s take a look at the provision of this act and how it affects veterans and other concerned groups. - It provides protection to whistleblowers from wrongful termination or retaliation by keeping the secretary from using their power to terminate employees who file an official complaint with the Office of Special Counsel (OSC). This will give confidence to employees to bring into light the major issues at the Veteran Affairs department without the fear of facing retaliation or losing their job. - The secretary is authorized to suspend, demote, reprimand, involuntarily reassign, or order a covered individual to step down from a senior executive service position that may lead to removal from civil service. If the secretary finds that their poor performance or misconduct warrants such an action, they will be subjected to a VA-internal grievance process that must be completed with a period of 3 weeks. - The secretary is authorized to suspend, demote, or remove non-senior executive service (SES) employees for a period longer than 14 days without remuneration, as they would be subject to make an appeal of their suspension, demotion, or removal to the MSPB. The MSPB will be given 180 days to complete their investigations for the appeal, and come to a conclusion, which would be subjected to a US Federal Circuit judicial review. - The new law requires the Veteran Affairs department to offer training to supervisors at least once a year on whistleblower rights. This will include training them about addressing a report made by a whistle-blower regarding reprisal, hostile work environment, or harassment. In addition, it will also help them to effectively manage, motivate, and reward employees, as well as handle employees performing at a below acceptable level. - It requires the Veteran Affairs department to prepare and send reports to Congress on employee morale, highlighting the administrative actions that have been taken against employees. This will provide a picture of the effectiveness of these measures in disciplining employees. To understand how the VA Accountability and Whistle Blower Protection Act can help in your situation, you should consider talking to an experienced Schaumburg employment attorney . Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. The bipartisan VA Accountability and Whistleblower Protection Act was passed by the Senate on June 6, 2017, which was signed into law in by President Donald Trump, with the aim to bring a significant reform to civil service. The bill comprises of statutes that will ease restrictions pertaining to termination and discipline of employees that is directed from the veteran affairs dependent. The law is designed to streamline the process of handling employee misconduct and give more power to make decisions to the Secretary of Veteran Affairs. The need for introducing this act arose from the 2014 VA scandals that involved delays and long waiting times for veterans’ medical care, where VA employees were to blame. President Trump believed that this is a major reform as it is essential to ensure the veterans of our country are being treated with respect. The bill got great support from veterans’ advocacy groups, but received condemnation from civil servant unions. ## Provisions of the VA Accountability and Whistleblower Protection Act Let’s take a look at the provision of this act and how it affects veterans and other concerned groups. - It provides protection to whistleblowers from wrongful termination or retaliation by keeping the secretary from using their power to terminate employees who file an official complaint with the Office of Special Counsel (OSC). This will give confidence to employees to bring into light the major issues at the Veteran Affairs department without the fear of facing retaliation or losing their job. - The secretary is authorized to suspend, demote, reprimand, involuntarily reassign, or order a covered individual to step down from a senior executive service position that may lead to removal from civil service. If the secretary finds that their poor performance or misconduct warrants such an action, they will be subjected to a VA-internal grievance process that must be completed with a period of 3 weeks. - The secretary is authorized to suspend, demote, or remove non-senior executive service (SES) employees for a period longer than 14 days without remuneration, as they would be subject to make an appeal of their suspension, demotion, or removal to the MSPB. The MSPB will be given 180 days to complete their investigations for the appeal, and come to a conclusion, which would be subjected to a US Federal Circuit judicial review. - The new law requires the Veteran Affairs department to offer training to supervisors at least once a year on whistleblower rights. This will include training them about addressing a report made by a whistle-blower regarding reprisal, hostile work environment, or harassment. In addition, it will also help them to effectively manage, motivate, and reward employees, as well as handle employees performing at a below acceptable level. - It requires the Veteran Affairs department to prepare and send reports to Congress on employee morale, highlighting the administrative actions that have been taken against employees. This will provide a picture of the effectiveness of these measures in disciplining employees. To understand how the VA Accountability and Whistle Blower Protection Act can help in your situation, you should consider talking to an experienced Schaumburg employment attorney. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Wrongful Termination Claims: Myths and Misconceptions](https://chicagolegalcounsel.com/wrongful-termination-claims-myths-and-misconceptions/) **Published:** December 18, 2017 **Author:** msaawe **Content:** It can be frustrating to know that you are being fired when you think the employer had no valid reason to do so. Sometimes, factors in job performance lead the employer to make a decision to lay you off, while other times, it can be the difference in opinion or personal grudge that becomes the underlying reason for firing you. However, if you have been a victim of retaliation, whistleblowing, discrimination, or you refused to cooperate in an illegal activity, you can bring a wrongful termination case against your employer. There are some common myths and misconceptions about wrongful termination claims you should know about so that you can take action promptly against your employer and get fairly compensated for your losses. ### 1. If you quit, you cannot sue your employer One of the most common myths surrounding wrongful termination is that if an employee quits, they cannot bring a claim against their employer. However, there are situations where the working environment becomes intolerable, dangerous, or hostile for an employee, and they have no choice left but to quit their job. In such a case, they can still sue their employer. In addition, if they are forced to resign, it still makes them eligible for wrongful termination claim. If you find yourself in a situation where you are being forced to quit, you should consider discussing your case with an employment attorney to understand your rights and determine what legal steps can be taken. ### 2. Discrimination is the only ground for wrongful termination claims Wrongful termination covers several aspects besides discrimination at workplace. Typically, wrongful termination refers to the violations of any rights stated in a public or company policy by an employer when they made the decision to termination an employee. Common types of wrongful termination claims include whistleblowing, violations of collective bargaining agreements, retaliation, or even reporting a discriminatory act by an employer against a colleague to the authorities. ### 3. An independent contractor or at-will employees cannot sue their employer Whether you are an independent contractor or at-will employee, you have rights. If you are an at-will employee, you have the rights to bring a wrongful termination claim against your employer. Even your employment status is “at-will”, that does not mean your employer is immune from being sued for any of their wrongful conducts. There have been many cases where independent contractors are misclassified, and should be put under the category of employee. If you have been misclassified, under Illinois law, you will be treated as an employees. Being an independent contractor, you may have other claims in addition to wrongful termination, if you think the employer had a malicious reason to terminate you. If you have been fired for unfair reasons, you should not just accept your employer’s decision. You have legal rights that should be exercised. However, termination claims are risky and complex- that is why you should consider teaming up with an experienced wrongful termination attorney who has in-depth knowledge of Illinois employment laws and regulations and can guide you through the legal system. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case with an experienced Schaumburg wrongful termination attorney. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Wrongful Discharge Claims under FMLA](https://chicagolegalcounsel.com/wrongful-discharge-claims-under-fmla/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Under the Family and Medical Leave Act (FMLA), employees can take up to 84 days or 12 weeks of unpaid leave for medical reasons or to provide care to immediate or closely related family members. All local, state, and federal government departments and private and public schools are required by the law to uphold FMLA. For private employers, they must have at least 50 employees for 20 weeks or more a year to be covered by FMLA. This act provides protection to employees going on leave and ensures that they will be able to return to the same position they left after their unpaid leave period is complete. ## Conditions for which FMLA Leaves are Applicable Employees who are covered by FMLA are entitled to take up to 12 weeks worth of leaves over the course of one year. However, they will have to fulfill one of the following conditions: - To help care for a child, parent, or spouse who has been diagnosed or suffering from a serious health condition - The birth of a child and to provide care to a newborn within the first year - The foster care of a newly adopted child within the first year of their placement - To cope or recover from a serious medical condition that renders an employee unable to perform their duties at the workplace - To provide care to a military service member who was seriously injured or suffering from a deliberating illness, for which an employee can take up to 26 weeks of work leave per year ## Wrongful Termination under FMLA If you meet any of the above conditions, you can take unpaid work leave under FMLA and return to your job when the period is over. FMLA prohibits an employer to retaliate or fire an employee for taking leaves. However, if the reason is not retaliatory, an employer can legally terminate you. For example, if your employer is reducing staff due to recession or any other legitimate reason and you are on FMLA leaves, you will not have any greater protection against termination or layoffs than other members of the staff. If an employee suffers from a serious illness and takes leave to recover from it, an employer may make it mandatory for them to provide a medical certification, providing assurance that they are fit to return to work once the leave is over. If they are unable to comply with this request, an employer has the right to terminate the employee. ## Filing a Wrongful Termination Charge If you think that you were wrongfully terminated by your employer, you should consider filing a charge with the US Department of Labor (DOL). Find the nearest Wage and Hour Division of DOL’s Employment Standards Administration, and file a complaint. However, it can be confusing to know whether you should file a charge against your employer. In order to understand your situation, it is recommended that you discuss your case with an experienced employment law attorney. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case with an experienced Roselle wrongful termination attorney and evaluate your legal options. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [When to get Legal Help for your Wrongful Termination Case](https://chicagolegalcounsel.com/when-to-get-legal-help-for-your-wrongful-termination-case/) **Published:** December 18, 2017 **Author:** msaawe **Content:** If you think you were terminated for an unlawful reason, you have the right to file a wrongful termination case against your employer. However, proving and receiving damages against a wrongful termination action is challenging, involves complex legal proceedings, and requires producing solid pieces of evidence to support your claim. To make things easier and increase your chances at winning the case, it is best that you get legal assistance of a wrongful termination attorney. ## When a Termination is Considered Wrongful? Wrongful termination refers to situations where an employer has laid off a worker for illegal reasons. They include firing: - As a form of sexual harassment - In retaliation to the employee’s action of filing a complaint against the employer - In violation of state and federal anti-discrimination laws - In violation of labor laws - In violation of written and oral employment agreements Some of these violations will result in employer paying for damages based on lost wages and other expenses, while others carry statutory penalties. There is also a possibility that the court may order the employer to pay punitive damages to the worker. ## When Should You Seek Legal Help? Determining whether your termination was illegal can be difficult for you, which is why you should consult your case with a wrongful termination attorney. They will review the facts and let you know if you can file a case against your employer and about potential legal claims. They will guide you through the entire procedure for filing a claim and help you decide the best course of action. The following are some situations where having a wrongful termination attorney can be very helpful: - You filed a complaint for harassment or discrimination just before getting fired. - Employer actions indicating that you were laid off for discriminatory reasons. - You filed a complaint against some illegal actions of your employer or any other workplace wrongdoing, like shoddy accounting practices or overlooked workplace hazards, and got fired. - You have a protected characteristic, such as pregnancy or disability, and were laid off after you disclosed it. - You signed an employment contract and the employer breached its terms and conditions by firing you. - The demographics of the workplace changed after firing you. For example, you were the only black or Asian manager or the single female employee in the company. - You were fired for exercising a legal right such as taking Family and Medical Leave, voting, or anything else. Your attorney will thoroughly study your case, help you gather evidence, and create a legal strategy. After winning the case, you may receive severance pay, unemployment compensation, or simply a calculated amount for your damages. Talk to an experienced wrongful termination attorney to discuss your case and plan your way forward to get your career back on track. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What You Should Know About Genetic Information Discrimination](https://chicagolegalcounsel.com/what-you-should-know-about-genetic-information-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Acquiring genetic information from employees is a form of employment discrimination, where an employer or insurance company treats people differently based on their genetic mutation. The genetic information also provides information about an inherited disorder, which may result in biasness and discrimination at various levels in a workplace. If you think you have been subjected to genetic information discrimination, you may have some questions in your mind. Here we have answered some of the frequently asked questions that clients ask from our attorney. #### **Q: What is meant by genetic information?** **A:** Genetic information comprises of specifications about: - The genetic tests of an person - The manifestation of a disorder or disease in the family medical history of a person - The genetic tests of the family members of a person - The receipt of or request for the genetic services of an individual - The genetic makeup of a child or fetus carried by a person #### **Q: What federal and state laws protect against genetic information discrimination?** **A:** The Genetic Information Nondiscrimination Act (GINA) is a federal law that was passed in 2008. It prohibits health insurers from reducing or denying health coverage or charging higher premiums to a healthy person based on their genetic predisposition of developing a disorder or disease. The workplace discrimination is addressed in the Title II of GINA. It applies on all US employers with 15 or more workers. The state law for genetic information discrimination is the Genetic Information Privacy Act (GIPA). #### **Q: Who is not covered under GINA?** **A:** Individuals who are already diagnosed with conditions with a genetic basis or have impairments are not covered under GINA. This may include certain forms of cancer, diabetes, and other conditions. Such people are covered under the Americans with Disability Act (ADA). #### **Q: Are there any exceptions to GINA?** **A:** The EEOC has designated a few exceptions to the statutory limitations of GINA, including, but not limited to: - Obtaining family medical history when filling out FMLA leave certification - Information gathered from resources that are publically available, like newspapers or the internet - Unintentional acquisition of genetic information. For example, a fellow employee telling about another employee’s illness - Acquisition of information through a genetic monitoring program where employee participation is voluntary #### **Q: Is my employer legally bound to keep my genetic information confidential?** **A:** Yes. Any genetic information that your employer has gathered under the exceptions of the EEOC must be kept in a confidential medical record. If any labor organization, employer, or employment agency possessing genetic information must maintain the medical record in separate files. ## Discuss your Case with an Employment Discrimination Lawyer Today If you think you are a victim of genetic information discrimination at your workplace, then you should get in touch with an experienced and qualified Roselle employment discrimination attorney to provide legal counsel for your case. Contact the Law Offices of Joshua D. McCann, LTD if you would like to consult a professional lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Qualifies as Employment Discrimination?](https://chicagolegalcounsel.com/what-qualifies-as-employment-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** As an employee of any firm or organization that operates in the United States of America, there are certain employee rights that everyone should be aware of. The rights of employees as declared by law are something that every registered company in the United States needs to adhere to and an inability to do so means that the employee can challenge the company in court. In the United States, the Employment Discrimination Law derives from common law. Employment discrimination in the private and public sector is directly addressed and implemented by the constitution of the United States of America, but has now become one of the rapidly growing bodies of the United States Federal Law. ## Federal Law Prohibition The Civil Right Acts of 1964 is the main basis that forms the Employment Discrimination Law and is evidence that people fighting for their rights get justice if they approach the problem with determination. The Discrimination Law addresses areas of: - Hiring - Recruiting - Promotion policies - Job evaluations - Compensation - Training - Disciplinary action Under Federal law, there are specific subjects, on which the employer cannot base the hiring or termination of any employee at any time. These include: - Sex - Race - Religion - Pregnancy - Disability - Geographical origin or Nationality - Age (employees over 40) - Disability - Debts status or Bankruptcy - Military service - Status of Citizenship - Genetic Information ## Discrimination and Harassment It is important to take note that discriminatory acts can occur in the work place from any direction. Be it a superior not being fair to a person of a certain race, sex or age, or a co-worker who has been making jokes evidently or subtly. Any form of verbal slander towards a person due to their difference in appearance, age or disability can be counted as legally actionable. It is also illegal for an employee to assume that a certain employee is unfit or incapable based on their disability. ## How to Proceed According to the United States Federal Law, companies or employers that have in any way discriminated employees which includes both, unfair treatment or evident discrimination, can be legally pursued by the employee. It is also illegal for the employer to retaliate against the employee who has filed the complaint. There are certain laws that pertain to discrimination in the workplace, and certain situations may not fit the criteria. However, if they are related to any of the mentioned above aspects, legal action can be taken. If an employee feels that they are experiencing discrimination in the workplace, they can file a complaint with the EEOC (Equal Employment Opportunity Commission). For employees facing any difficulty in the complaint filing process, they can acquire the help of reliable attorneys that have been working in this field. They can guide the employees through the filing process and can represent them accordingly in court. Talk to an experienced Roselle wrongful termination attorney to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Employees should Know to Prove a Retaliatory Discharge](https://chicagolegalcounsel.com/what-employees-should-know-to-prove-a-retaliatory-discharge/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Retaliation refers to the wrongful termination or punishment faced by an employee for reporting any illegal activity or unethical conduct of the employer or company, such as workplace safety violations, harassment, discrimination, and others. There are several laws that give workplace rights to employees and prohibit retaliation. They provide protection to employees from being fired or confront negative actions when they report against their employer. According to many federal and state laws, any form of retaliation is illegal, making employees eligible for compensation. ## The Types of Evidence Required for Proving Retaliatory Discharge When you file a retaliatory discharge lawsuit, you need to produce evidence showing link between the protected activity and the retaliatory conduct. The two types of evidence that can establish this connection are: direct evidence and circumstantial evidence. Direct evidence includes any written or verbal statement indicating that your employer terminated you because of the participation in a protected activity or your complaints. Some examples of direct evidence are emails, conversations, and letters. Circumstantial evidence refers to events that happened during the time of termination and your participation in protected activity. It may include actions of your employer after or prior to firing you, such as demotion, making work difficult, and others. Such actions are indirect evidence showing that the employer retaliated. ## The Elements of a Retaliatory Discharge Case In order to prove that you were victim of retaliation to a court or the Equal Employment Opportunity Commission (EEOC), you need to show that: - You were terminated, fired, or punished in a certain way by the employer. - You rightfully opposed to the unlawful acts of your employer or participated in protected activities. - There is a direct or indirect relationship between the protected activity and your laying off from the employment. It is imperative to establish that you were terminated because of your participation in protected activity instead of any other reason. In some cases, the employers casually admit to their retaliatory conduct and makes things easier for you, as it is a strong evidence to prove your case. However, if they don’t make such confessions, you may have to use indirect evidence to prove retaliation. For example, timing is an important indicator that can help you establish a link between the events. Moreover, if you are fired for poor performance while your performance reviews show otherwise, you can use this to prove of your retaliation case. ## What Damages can you recover from a Retaliatory Discharge Case? If you file a claim against the employer with the help of your attorney wrongful termination attorney, you may recover damages such as: - Punitive damages - Back pay - Attorney’s fees - Emotional distress and mental anguish - Future wages Talk to an experienced Roselle wrongful termination attorney to discuss your case and get the rightful compensation for your losses. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Constitutes “Direct Evidence” of Illegal Discrimination?](https://chicagolegalcounsel.com/what-constitutes-direct-evidence-of-illegal-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Employment discrimination takes many forms. Indeed, when it comes to race discrimination, you do not have to belong to a minority racial group in order to be a victim. Any discrimination in hiring or firing based on a person’s race is illegal under federal law. ## White Worker Claims He Was Fired to Meet Racial Quota For example, a federal appeals court in Chicago recently held a Caucasian (white) construction worker could proceed with an employment discrimination lawsuit. The employer was a joint venture of three construction companies hired to build a bridge over the Mississippi River to connect St. Clair County, Illinois, and St. Louis, Missouri. The job itself was subject to a collective bargaining agreement between the joint venture and two local labor unions. The Missouri Department of Transportation, which commissioned the bridge, also imposed certain federal hiring goals for female and minority racial hiring. The plaintiff in this case was a union member working on the bridge project. About two months into the job, the plaintiff was laid off. The plaintiff alleged his superintendent told him that “my minority numbers aren’t right.” Another employee later said in a sworn affidavit that the same superintendent told him more explicitly that he had to fire the plaintiff “because there was an insufficient number of non-white workers at the Worksite.” The superintendent denied there was any racial discrimination. He said the plaintiff was laid off because, at the time, there was no work for him. However, he acknowledged that for several weeks leading up to the layoff, the job site “had been out of compliance with its minority participation goal,” and accordingly he did hire a minority employee to fill a job the plaintiff was qualified for. The plaintiff sued the employer in federal court alleging illegal employment discrimination. The trial judge dismissed the case, finding there was a lack of “direct evidence”–in other words, a “smoking gun”–proving there was racial discrimination. The plaintiff appealed. The Seventh U.S. Circuit Court of Appeals, which oversees all employment discrimination cases from Illinois, agreed with the plaintiff that the trial judge prematurely dismissed his lawsuit. The appeals court said it was “puzzled” that the trial judge did not consider the superintendent’s alleged statement to the plaintiff as “direct evidence” of racial discrimination. The trial judge apparently made a distinction between the superintendent’s “decision not to rehire \[the plaintiff\] rather than his decision to *terminate* \[the plaintiff\].” But the Seventh Circuit noted the statement was allegedly made in the context of the superintendent explaining his decision to terminate the plaintiff’s employment. In other words, the discrimination when the plaintiff was laid off, regardless of whether there was further discrimination when he was not rehired. ## Contact an Employment Discrimination Lawyer Today Employment discrimination is not always easy to prove. There may not be a direct statement from a supervisor confirming discriminatory intent. But as the Seventh Circuit explained in the case above, even a collection of “scraps of circumstantial evidence” may allow a jury to conclude a person was fired (or not hired) for illegal discriminatory reasons. That is why if you suspect you have been the victim of an illegal job action, you should speak with an experienced Roselle employment discrimination attorney. Contact the Law Offices of Joshua D. McCann, LTD if you need to speak with an attorney about your case today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Were you Wrongfully Terminated?](https://chicagolegalcounsel.com/were-you-wrongfully-terminated/) **Published:** December 18, 2017 **Author:** msaawe **Content:** The United States Federal Law has set specific guidelines for employers to follow when considering the termination of an employee’s contract. These set of rules address the freedom of the employer concerning violations of employment contracts. These address the agreement that the employer and employee had before or after resuming employment. Discriminatory acts in the workplace may overlap with this area, but they come under a separate legal topic which is called Title VII. Discriminatory Law is based largely on the Civil Rights Act of 1964 and has become a growing branch of the Federal Law Code of the United States. Employees that do not have a certain contract with their employers can challenge wrongful termination on the basis of the employee handbook. The handbook can serve as an agreement between the two parties. ## What Is Considered To Be Wrongful Termination? Employment Termination based on any of the following can be considered illegal and challengeable: - **Discrimination**: An employer cannot terminate an employee based on their nationality, race, age, sex, religion, and (in certain jurisdictions) sexual orientation. - **Employee’s refusal to be involved in an illegal act**: If the employer is asking the employee to commit an illegal act on behalf of the company, then the employer reserves no right to terminate the employment. - **Retaliation**: If an employee has filed a discrimination complaint or has been part of an investigation pertaining to a discrimination case, they cannot fire the employee in retaliation. - **Termination procedure not being followed:** If the employer is considering termination of an employee’s contract, the process must be according to the employee handbook. If the process is not followed, the employee reserves the right to file a wrongful termination claim. ## Employment at Will To pursue a wrongful termination claim, it is important for the employee must know the ins and outs of their employee handbook very well. In most wrongful termination cases, the employment at will doctrine can also play a major part. The employment at will doctrine is adopted by most states and claims that the employees are not bound by anything more than their will to work. Both the employer and the employee reserve the right to terminate the contract at any time. This may be true to some extent, but in the case that the employer has signed a specific contract with the employee stating the terms of discharge, the doctrine does not apply. ## Pursuing a Wrongful Termination Claim For a person that claims that they were wrongfully terminated, having a good knowledge of the statutes of limitation is necessary for a successful claim. These limitations are the rules that dictate how much time may elapse between the discharge and the filing of the lawsuit. So, it is not advised to wait too long before you file the claim for wrongful termination against your employer. There also has to be a claim filed with the Equal Employment Opportunity Commission (EEOC) before the lawsuit can be filed. The process is a bit difficult to understand for people who do not have detailed knowledge of the American Legal system, but there are reliable attorneys that can help you out with the process and the lawsuit. Talk to an experienced Roselle wrongful termination attorney to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Basics of Sex and Age Discrimination at Workplace](https://chicagolegalcounsel.com/the-basics-of-sex-and-age-discrimination-at-workplace/) **Published:** December 18, 2017 **Author:** msaawe **Content:** The Equal Employment Opportunity Commission (EEOC) has enforced several laws that protect employees from discrimination based on everything from religion and physical ability to age and sex. While there are federal laws in place against workplace discrimination, most states have also passed some laws that take additional measures against it. Some of the state laws are more favorable in certain The following are the two most common types of discrimination that employees experience in the workplace: ## Sex Discrimination The Civil Rights Act of 1964: Title VII clearly outlines that it is against the law to discriminate between employees based on their sex or gender. The law provides protection at all stages including recruitment, during employment, workplace terms and conditions, and termination. Sex discrimination is of two types: indirect and direct. Indirect sex discrimination refers to assumptions by managers or employers regarding the sort of job duties men and women are or aren’t capable of doing. Direct sex discrimination refers to the unfair treatment of employees because of their gender. Possible situations for sex discrimination include: - Dividing tasks based on gender. - Offering men and women different pay rates or employee benefits for the same position. - Not considering men or women for specific roles. - Not hiring a male or female because the employer thinks they won’t fit into the workplace culture. - Not promoting a male or female employee to a senior position on the assumption that other staff won’t respect their authority. ## Age Discrimination The Age Discrimination in Employment Act of 1967 (ADEA) outlines laws and regulations that protects employees against discrimination based on their age. The ADEA applies to organizations that have 20 or more employees, including local and state governments. It also applies to labor organizations and employment agencies, as well as the federal government. Just like sex discrimination, the laws safeguard employees at all stages of employment. Possible situations for age discrimination include: - Not hiring young employees on the assumption that they may switch to another job too quickly. - Not hiring mature workers on the assumption that their retirement is close. - Posting job advertisements specifying the requirements of “young and energetic” workers. - Not providing equal training opportunities to employees based on their age. - Not interviewing someone because they are too old or too young to fit in the organization’s culture and with other staff. - Forcing someone to retire, or making choice around redundancy because of their age. - Preferring young individuals over mature employees on the assumption that they will be more productive and work longer hours for a smaller paycheck. - Preferring mature individuals over young employees on the basis of experience and competency. Aside from these two forms of workplace discrimination, there are several others including color, religion, race, retaliation, pregnancy, national origin, and pay/compensation. If you think that you are a victim of workplace discrimination and your employer is not treating you fairly, you should consult your situation with an experienced Roselle wrongful termination attorney. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Termination for Cause: How an Attorney Can Help](https://chicagolegalcounsel.com/termination-for-cause-how-an-attorney-can-help/) **Published:** December 18, 2017 **Author:** msaawe **Content:** To avoid liability for wrongful termination, most employers have to provide a legitimate reason when firing an employee. They may say that you are being fired for misconduct, to cut costs, poor performance, or because the company is reorganizing its hierarchal structure. This is known as termination or firing for cause. ## Understanding Termination for Cause When an employer fires an employee for a specific cause, it is stated in the termination letter, which is handed over to the employee. Some examples of actions that may result in termination for cause include: - Breach of contract - Conviction for crimes - Extreme insubordination - Failing a drug or alcohol test - Failure to follow company policy - Falsifying records - Harassment - Lying - Stealing company property or money - Threats or threatening behavior - Violation of the ethics policy or company code of conduct - Violence or threatened violence - Watching pornography online It may seem to you that the company came up with a perfectly good reason to terminate you, but what if they decided to make the call just after you have declared pregnancy? What if they hired another employee to replace you at a relatively higher package after saying that your position was being eliminated? In such situations, there is a high chance that the underlying reason for firing you was illegitimate. If you think that your employer fired you illegally, you can make a claim for wrongful termination against the company. ## What Can an Attorney Do for You? It can be stressful and frustrating to get fired from your job. But that does not mean that you should file a lawsuit right away against your employer as your plan can backfire if you are unable to prove that your termination was wrong. To help you determine whether your case is viable, you need to work with a wrongful termination attorney who can provide you legal counsel as to how you should proceed. Your attorney will work with you to explore the context of your specific circumstances, and carefully assess the details of your termination. For example, the reason for your termination for cause was you left early a few days? Did you leave early for a plausible reason? If so, did the employer treated you differently as opposed to any other employee? The attorney will ask you about the reason for leaving early. Was it because you did not feel well? Or was it because you had an emergency? If your employer knew about the medical condition or emergency, you may have a wrongful termination case. Another benefit of working with an attorney is that they provide you legal insights into your rights and possible options. Based on your situation, they can devise a tailored legal strategy to increase your chances of getting a favorable outcome. If you think you were fired for cause and the reason was illegitimate, it is best that you first discuss your case with an experienced Roselle wrongful termination attorney before you move on to bring a wrongful termination action on your employer. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Supreme Court Rejects Employer’s Delay Tactics in Sex Discrimination Case](https://chicagolegalcounsel.com/supreme-court-rejects-employers-delay-tactics-in-sex-discrimination-case/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Sex discrimination remains a serious problem in many professional fields. While it may seem inconceivable that in 2016 there women are still barred from entire classes of jobs, in reality that is sadly still the case. And even when the federal government intervenes to put an end to such practices, it can take many years of litigation just to get a court to answer the question of whether illegal sex discrimination exists. ## Insufficient “Conciliation” Is Not a Defense to Employment Discrimination Here in Illinois, federal officials have spent years fighting sex discrimination at a Johnston City-based coal mining operation that has allegedly never hired a single woman to work as a miner. Indeed, investigators for the Equal Employment Opportunity Commission (EEOC) discovered the company “did not even have a women’s bathroom on its mining premises.” Based on complaints from women who said they were unable to obtain mining jobs, the EEOC determined there was evidence of widespread sex discrimination dating back to at least 2006. But before the EEOC can actually sue an employer for sex discrimination, federal law requires an attempt at “conciliation.” Basically this is where the EEOC attempts to resolve any discrimination issues with an employer without the need for formal legal proceedings. Conciliation failed in this case, however, and the EEOC sued the mining company in Illinois federal court. This led to extended litigation over the sufficiency of the EEOC’s conciliation efforts. Eventually the United States Supreme Court weighed in on the issue. Justice Elena Kagan, writing for a unanimous court in 2015, said the EEOC “must try to engage the employer in some form of discussion (whether written or oral), so as to give the employer an opportunity to remedy the allegedly discriminatory practice.” At the same time, Justice Kagan said the courts should not second-guess “how to conduct conciliation efforts and when to end them.” That was at the discretion of the agency. In short, an employer cannot use the EEOC’s conciliation process as an excuse to avoid answering for serious charges of employment discrimination in court. To that end, the judge in the mining company case recently issued an order barring the employer from asserting such an argument as an affirmative defense. The underlying discrimination case has yet to be tried. ## Do You Need to Speak With a Discrimination Lawyer? There is nothing simple about any type of employment discrimination case. Employers will use every legal tactic at their disposal to delay resolution of a case for years if possible. Meanwhile it is the innocent employee who suffers. That is why it is critical to never try and handle a discrimination case on your own. An experienced Roselle sex and age discrimination attorney can assist you with every step of your case, from making initial contact with the discriminatory employer to dealing with government officials and representing your interests in court. If you need help with any type of employment discrimination case, contact the Law Offices of Joshua D. McCann, LTD today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Sexual Preference/Orientation Discrimination at Workplace in Illinois](https://chicagolegalcounsel.com/sexual-preferenceorientation-discrimination-at-workplace-in-illinois/) **Published:** December 18, 2017 **Author:** msaawe **Content:** When an employer takes a negative employment action against an employee, such as denial of benefits or harassment, based on their sexual orientation, it is known as sexual orientation discrimination. It is essential for employees to know about their rights against such practices and behavior of employers, and how it can be with other types of discrimination, like disability, sex, marital status, religion, and gender identity, in order to take legal action. This form of discrimination can severely affect your workplace environment, employment benefits, job status, and give rise to an array of other issues. Many federal, state, and local laws and regulation protect employees from sexual orientation discrimination. If you think you are being treated differently or unfairly because of your sexual orientation, you should discuss your case with an experienced employment discrimination attorney who will help you understand your rights and provide the best solution for your situation. ## Laws Protecting Employees Against Sexual Preference/Orientation Discrimination ### Federal Laws Comprehensive statutory guidelines have been available in the Title VII of the Civil Rights Act of 1964, a federal law, that prohibit employment discrimination pertaining to age, sex, national origin, religion, race, and color. However, it does not cover discrimination based on gender identity or sexual orientation. However, the Equal Employment Opportunity Commission (EEOC) supports that sexual orientation discrimination is a form of sex discrimination, and should be treated in the same way. While there are not any clear federal laws protecting employees from sexual orientation discrimination, employers are not free to engage in discriminatory practices. Over the past few years, many cases have been fought and ruled in favor of employees where they were discriminated for their sexual orientation. Several states have enforced laws that prohibit this kind of discrimination that every employer must be follow. ### State and Local Laws 20 states, including Illinois, have state laws in place that protect employees from sexual orientation discrimination in both public and private workplaces. Aside from this, about 200 US counties and cities, some of which are in Illinois, have specific laws designed to prevent sexual discrimination at the workplace. They provide greater protection to employees and give them the right to make a claim against unfair practices of their employers. ## What Damages are Available for Sexual Orientation Discrimination? In Illinois, employers must follow the laws and regulations that bar them from engaging in any kind of discrimination, including those based on sexual orientation. Failing to do so grants employees the right to file a claim against their employer, who may be liable to pay for damages, such as: - Back pay and benefits - Fees and costs of attorney and court proceedings - Emotional distress - Out-of-pocket expenses - Punitive damages Proving discrimination based on sexual orientation can be difficult, as complex local and state laws govern this category. It is best that you work with an experienced and knowledgeable employment discrimination attorney who will help you understand the law, and work with you get the justice and compensation that you deserve. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case with a Roselle employment attorney and evaluate your legal options. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Severance Agreements and Age Discrimination – What You Should Know](https://chicagolegalcounsel.com/severance-agreements-and-age-discrimination-what-you-should-know/) **Published:** December 18, 2017 **Author:** msaawe **Content:** When firing an employee, some employers use severance agreements to avoid potential claims down the line, especially in wrongful termination and discrimination cases. Generally, if an employee signs the dotted line of a release of claims and accepts the severance package, they may lose the right to file any possible claims forever. Before you sign anything, it is imperative for you to understand the ins and outs of severance agreements and your rights under state and federal laws. ## Age Discrimination and Severance Agreements under the OWBPA The Older Workers Benefits Protection Act of 1990 (OWBPA) is a part of the ADEA, which protects employees over 40 years of age from several clauses of severance agreements. This may include early retirement, reductions-in-force, exit incentive plans, firings, and voluntarily resignations. The employers are required to fulfil the OWBPA’s requirements to lawfully enforce any release of claims in a severance agreement. These requirements include: - **Written Agreements:** Oral agreements cannot be used to waive age discrimination claims. - **Release of Claims:** This part of a severance agreement contains a release that waives claims, such as those based on the employee’s race, age, religion, disability, gender, national origin, and others. However, according to the EEOC, although a severance agreement may restrict an employee from filing a lawsuit against their employer, it cannot keep them from filing a charge of age or any other form of discrimination with the EEOC. - **Must be Understandable:** The agreement must be written in such a manner that it is easily understood by the individual signing it. This means that if an employee has sub-average level of intelligence, the employer must reword the form in a way that is understandable by that employee. Furthermore, if the releases contain exaggerated or misleading components, the entire agreement can be voided. - **Revocation Period:** The employer is required by law to provide a seven-day revocation period when offering a severance agreement to an employee comprising of an ADEA release of claims. This period allows the employee to revoke the agreement after they have signed it. Moreover, the revocation period is mandatory and cannot be waived by either party. - **Consult an Attorney:** The OWBPA requires the employee to consult an attorney before they may sign the agreement. Even if the severance agreement has been written in an easy-to-understand manner, it still must be advised to discuss the case with an attorney. This requirement makes sure that the individual signing the agreement understands what age discrimination claims are being released and/or waived. - **Time to Review:** If a single person is being terminated and they are over 40 years of age, the employer must give 21 days to consider and review the agreement. However, if a waiver is pertaining to an exit incentive or any other termination program offered to a group of employees, the time to review period should be at least 45 days long. If your employer has wrongfully terminated you based on age-related factors and offered a severance package with a release of claims, you may still have legal recourse. 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Seventh Circuit Holds That Brief Work Stoppage is Protected Concerted Activity](https://chicagolegalcounsel.com/seventh-circuit-holds-that-brief-work-stoppage-is-protected-concerted-activity/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Employees have a right to voice concerns that their coworkers are being treated unfairly, according to a recent opinion from the Seventh Circuit Court of Appeals, which includes Illinois. The case, *Staffing Network Holdings, LLC v. NLRB*, found that such statements cannot be subject to employee retaliation under the longstanding doctrine of protected concerted activity. ## What is Protected Concerted Activity? Protected concerted activity has been a part of the National Labor Relations Act since it was passed into law in 1935. Based on the First Amendment protection of free association, this right protects employees from retaliation if two or more employees engage in conduct with the intent of improving working conditions. It also protects conduct on the part of one employee who speaks up about the need to improve working conditions for himself, or on the behalf of other employees. Workers have a right to engage in protected concerted activity whether or not they belong to a union. ## *Staffing Network Holdings, LLC v. NLRB* In the *Staffing Network Holdings* case, an employee was sent home from work for not working faster to fulfill an order of books. Other employees who witnessed this, began to tell management that it was unfair to send this worker home for not working faster. A second employee was sent home for speaking up on behalf of the first employee. He was later told not to return to work. Other employees were also threatened that they would be told to go home if they commented on behalf of the first employee. The second employee then filed a complaint with the National Relations Board, alleging unfair labor practices. The administrative law judge found in his favor, ordering his employer to reinstate him and pay him for lost wages. On appeal, the Seventh Circuit upheld the decision of the administrative law judge in favor of the employee. Despite arguments from the employer that because this was a staffing agency, the employee could still work for other clients, the Seventh Circuit found that the employee had been involuntarily separated from employment and was entitled to reinstatement. But perhaps most importantly, the court found that a brief work stoppage to engage in protected concerted activity is protected under the National Labor Relations Act. This decision now gives employees in Illinois a powerful tool to work together to improve unfair or unsafe working conditions without fear of retribution from employers. And it puts employers on notice that if they do retaliate against workers for protected concerted activity, they will be held accountable in the judicial system. ## Contact an Employment Discrimination Lawyer Today If you believe your employer is treating you and other workers unfairly, you and your coworkers have a right to speak up without fear of retribution. Courts have held again and again that such concerted activity is protected. If your employer has retaliated against your for such activity, an experienced Roselle employment discrimination attorney can help. Contact the Law Offices of Joshua D. McCann, LTD to speak with an attorney about your case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Retaliatory Discharge and the Public Policy Rule in Illinois](https://chicagolegalcounsel.com/retaliatory-discharge-and-the-public-policy-rule-in-illinois/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Many employees think that they can sue a former employer for retaliatory discharge just because they were unfairly fired. Illinois law is not this clear cut, however. Just because an employer’s actions were unfair doesn’t mean they were necessarily illegal and you’re entitled to compensation. In Illinois, retaliatory discharge is a common law tort, meaning that it is not codified in any statute. Illinois courts have repeatedly held that to prevail on a claim of retaliatory discharge, a plaintiff must prove three elements: 1. That he was discharged; 2. That the discharge was in retaliation for his activities; and 3. That the discharge violates a clear mandate of public policy. ## The Many Definitions of Public Policy in Illinois Case Law Usually the first element is not in dispute. Many employers do dispute whether a discharge was in fact in response to specific activities, but even more disputed than that is whether the discharge violated public policy. In the 1978 case *Kelsay v. Motorola*, the first Illinois case to recognize retaliatory discharge, the Illinois Supreme Court ruled in favor of the plaintiff, finding that despite Illinois’ status as an at-will state, the plaintiff’s former employer had violated public policy by firing him for filing a workers’ compensation claim. This was a fairly straightforward case, as few people could make the argument that an employee should be filed on these grounds alone. In 2016, such an argument would not go very far at all in Illinois courts. In the following years, the Illinois Supreme Court ruled in favor of former employees in cases where plaintiffs were fired for reporting suspected crimes or refusing to handle nuclear waste in violation of federal law. However, Illinois courts have also narrowed what constitutes a violation of public policy in recent years. Following *Kelsay*, appellate courts have upheld discharges of employees who were dismissed for reporting that a coworker committed suicide because of work-related stress, or for complaining about non-compete clauses. In the case of non-compete clauses, the court of appeals found there was no violation of public policy because such contracts do not affect the welfare of all citizens. And most recently in *Lucas v. Cook County*, the Court of Appeals for the First District in 2013 upheld the discharge of a physician who refused to treat male patients for STDs after spending her entire career only treating female patients. The doctor claimed she was simply not competent to treat male patients and was fired by the county. The court held that the doctor had not identified a clearly mandated public policy that amounted to a retaliatory discharge. ## Contact an Employment Discrimination Lawyer Today Retaliatory discharge cases can be tough to prove in Illinois because a plaintiff has to show that the discharge was against a public policy, and exactly what constitutes a valid public policy can vary widely between cases. But an experienced Roselle employment discrimination attorney can help you build your retaliatory discharge case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Proving Retaliatory Discharge Requires Actual Causation Under Illinois Law](https://chicagolegalcounsel.com/proving-retaliatory-discharge-requires-actual-causation-under-illinois-law/) **Published:** December 18, 2017 **Author:** msaawe **Content:** There has long been an idea under Illinois law that doing the right thing should be protected. If you notice your employer is doing something illegal and report it to law enforcement, you should be rewarded for this good deed, or at the very least protected from retaliation at your job. Illinois has long had what’s known as the Whistleblower Act on the books to protect employees from retaliatory discharge if they report wrongdoing on the part of their employer. But a recent decision by the Illinois Supreme Court has now made it harder to prove retaliatory discharge cases. ## ***Joshua McCann v. Precision Alliance Group*** The three plaintiffs in the 2014 case *Joshua McCann v. Precision Alliance Group, LLC*worked for a company that sold bags of soybeans. State law required this company to fill bags of soybeans with the weight printed on each bag, but the three men became aware that their employer was under-filling bags, and reported this information to a former employee who passed it along to the Illinois Department of Agriculture, Bureau of Weights and Measures. The involvement of the department caused soybean production at the plant to shut down for ten days. The plaintiffs’ employer reportedly threatened to terminate anyone involved in reporting the company’s under-weighing of bags to the Illinois Department of Agriculture, Bureau of Weights and Measures. The first plaintiff was terminated shortly thereafter for improper use of a forklift, and the two other men lost their jobs due to downsizing at the plant. None of the men were explicitly fired for their whistleblowing, but of course they had their doubts and pursued a lawsuit for retaliatory discharge. ### The Illinois Supreme Court Requires More Than a Causal Nexus for Retaliatory Discharge Cases The plaintiffs lost their case at the trial level, but won before the court of appeals. However, when the case went before the Illinois Supreme Court, the original judgment in favor of the defendant employer was reinstated. The Court’s decision instituted a federal rule in retaliatory discharge cases that had previously been rejected by Illinois courts. Under this standard, to prevail for retaliatory discharge, a plaintiff must show: - Discharge by the employer; - That the discharge was actually in retaliation for conduct of the employee; and - That the discharge was in violation of public policy. The problem with the *Joshua McCann* case is that while the Court found that there might have been a “causal nexus” between the discharge of the men and their whistleblowing conduct, without a smoking gun showing that their actions were the direct cause of the loss of their jobs, the Court refused to hold their former employer accountable. ## Contact an Employment Discrimination Lawyer Today No one should have to worry about losing their job for doing the right thing. If you’ve been fired because you reported an illegal activity by your employer to the authorities, you should speak with an experienced Roselle employment discrimination attorney. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Protections from Employment Discrimination a Complicated Area for LGBT People](https://chicagolegalcounsel.com/protections-from-employment-discrimination-a-complicated-area-for-lgbt-people/) **Published:** December 18, 2017 **Author:** msaawe **Content:** It’s hard to believe, but in 2016 there is no law at the federal level explicitly protecting gay, lesbian, bisexual or transgender people from workplace discrimination. However, there is some indication that this may be beginning to change at the federal level, complementing an Illinois law that has protected employment rights of the LGBT community for the past decade. ## New EEOC Cases Highlight LGBT Rights With no federal protections in place for LGBT employees, the EEOC has been working with the laws already on the books to bring employment discrimination actions against employers who discriminate based on sexual orientation. In March 2016, the EEOC brought its first two actions under Title VII of the Civil Rights Act, alleging sexual discrimination based on sexual orientation. While Title VII was implemented to protect employees from discrimination based on their sex, the EEOC’s new interpretation of the law is that it is a violation of Title VII’s protections to discriminate based on sexual orientation because it does not conform with an employer’s expectations of how members of a certain gender should act. In the two new EEOC cases, one brought by a gay man in Pennsylvania, and the other brought be a lesbian woman in Maryland, the plaintiffs allege they were forced from their jobs after numerous anti-gay comments were made by supervisors. Whether or not this theory put forth by the EEOC holds up as a proper use of Title VII will need to be determined by the courts. ## LGBT Protections Under Illinois Law While the EEOC works to determine whether sexual orientation is a protected class under Title VII, Illinois residents enjoy protection from LGBT discrimination under the Illinois Human Rights Act. This law explicitly bans employment discrimination within the state based on either sexual orientation or gender identity. The EEOC’s efforts to now enforce protections for LGBT people in the workplace may actually have an unforeseen yet positive effect on lawsuits brought under the Illinois Human Rights Act. Under Illinois law, a state lawsuit alleging discrimination based on sexual orientation must be brought within 180 days of the adverse employment action. But the time to bring an employment discrimination action under state law also depends on the statute of limitations under federal law. With the EEOC now bringing actions alleging discrimination based on sexual orientation, this means that state claims now have 300 days to be filed, the same as under federal law. And bringing a Title VII action for sexual discrimination with the state action now also means that an employee can recover punitive damages, which can significantly increase the amount of any award recovered in the case. ## Contact an Employment Discrimination Lawyer Today No one should lose their job because of who they are. If you believe you’ve been discriminated at your job because of your sexual orientation or gender identity, then you should speak with an experienced Roselle employment discrimination attorney. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Laws Protecting Employees from Retaliatory Discharge](https://chicagolegalcounsel.com/laws-protecting-employees-from-retaliatory-discharge/) **Published:** December 18, 2017 **Author:** msaawe **Content:** Retaliation is a form of discrimination that refers to a negative action by an employer against an employee for filing a complaint about an illegal conduct. This may include discrimination, failure to pay overtime, harassment, workplace safety violations, and others. A variety of state and federal statutes, along with Illinois common law, keeps an employee safe from retaliatory discharge when they engage in a certain conduct or deny being a part of any unlawful conduct. ## State and Federal Laws for Retaliatory Discharge The employment laws that protect workers from retaliation include: - The Equal Pay Act - The Fair Labor Standards Act - The Age Discrimination in Employment Act - The Family and Medical Leave Act - Title VII of the Civil Rights Act - The Americans with Disabilities Act - The Occupational Safety and Health Act These laws are applicable in the following situations: ### *1. Workplace Discrimination and Harassment* An employer may not fire a worker for exercising their rights under the above laws, or for participating in an authorized investigation for any issues in the workplace, or for making a complaint about discrimination or harassment to the Equal Employment Opportunity Commission or their own HR department. ### *2. Taking Leaves* An employer may not fire a worker for exercising their right to apply and take workers’ compensation leaves, take paid sick leaves, take time off to serve on a jury, take leave under the Family and Medical Leave Act, or take any other protected time off from work in a legal manner. ### *3. Filing a Workers’ Compensation Claim* An employer may not penalize or fire a worker for filing a claim to get workers’ compensation benefits for a workplace injury. ### *4. Health and Safety Violations* An employer may not fire a worker for making a complaint for violations pertaining to workplace health and safety standards to the Occupational Safety and Health Administration, or to a concerned department within the company. ### *5. Wage and Working Hours* An employer may not fire a worker for making a complaint about failure to pay the minimum wage or overtime, illegally keep the rightful portion of commission, or deny legally required breaks to the Department of Labor or to a concerned department within the company. ## Compensation for Retaliatory Discharge Claims If you are successfully about to establish your claim for retaliation, you will be able to recover several damages, including: - Back pay, such as wages and benefits for the period you were fired - Out of pocket losses, such as the cost of searching for work - Court costs and attorney’s fees - Reinstatement or front pay - Compensation for pain and suffering It is essential for every employee to know about their rights and how they can protect themselves from adverse and unfair actions of employers. If you have faced retaliation, you should file a case against your employer and get back what’s rightfully yours. 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Illinois Court Rules Age Harassment Is Illegal Discrimination](https://chicagolegalcounsel.com/illinois-court-rules-age-harassment-is-illegal-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Illinois Appellate Court Rules in Favor of Disabled Employee Rights](https://chicagolegalcounsel.com/illinois-appellate-court-rules-in-favor-of-disabled-employee-rights/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How the ADEA Protects Employees from Age Discrimination](https://chicagolegalcounsel.com/how-the-adea-protects-employees-from-age-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Frequently Asked Questions Regarding Employment Discrimination](https://chicagolegalcounsel.com/frequently-asked-questions-regarding-employment-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Frequently Asked Questions about Age and Sex Discrimination](https://chicagolegalcounsel.com/frequently-asked-questions-about-age-and-sex-discrimination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Filing an Age and Sex Discrimination Charge with the EEOC](https://chicagolegalcounsel.com/filing-an-age-and-sex-discrimination-charge-with-the-eeoc/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [FAQs about Retaliatory Discharge in Illinois](https://chicagolegalcounsel.com/faqs-about-retaliatory-discharge-in-illinois/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Employment Discrimination Laws for Employees with Cancer](https://chicagolegalcounsel.com/employment-discrimination-laws-for-employees-with-cancer/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Employment Discrimination in Illinois](https://chicagolegalcounsel.com/employment-discrimination-in-illinois/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Employee’s Checklist for Wrongful Termination](https://chicagolegalcounsel.com/employees-checklist-for-wrongful-termination/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [EEOC Decision Strengthens Protections for Pregnant Women](https://chicagolegalcounsel.com/eeoc-decision-strengthens-protections-for-pregnant-women/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Different Types of Leaves for State Employees under the FMLA in Illinois](https://chicagolegalcounsel.com/different-types-of-leaves-for-state-employees-under-the-fmla-in-illinois/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Different Forms of Religious Discrimination You Should Know About](https://chicagolegalcounsel.com/different-forms-of-religious-discrimination-you-should-know-about/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can An Employer Fire You for Talking About an Election?](https://chicagolegalcounsel.com/can-an-employer-fire-you-for-talking-about-an-election/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Age and Sex Discrimination Based on Disparate Treatment](https://chicagolegalcounsel.com/age-and-sex-discrimination-based-on-disparate-treatment/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Disability Discrimination against Employees](https://chicagolegalcounsel.com/disability-discrimination-against-employees/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Whistleblowing and Retaliation – What Employees Should Know](https://chicagolegalcounsel.com/whistleblowing-and-retaliation-what-employees-should-know/) **Published:** December 18, 2017 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [When is the Right Time to Hire an Attorney in a Retaliation Case?](https://chicagolegalcounsel.com/when-is-the-right-time-to-hire-an-attorney-in-a-retaliation-case/) **Published:** January 3, 2018 **Author:** msaawe **Content:** 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. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Know if you have been Wrongfully Terminated?](https://chicagolegalcounsel.com/how-to-know-if-you-have-been-wrongfully-terminated/) **Published:** January 3, 2018 **Author:** msaawe **Content:** 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](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Deal with Federal Employee Discrimination](https://chicagolegalcounsel.com/how-to-deal-with-federal-employee-discrimination/) **Published:** January 3, 2018 **Author:** msaawe **Content:** 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 ](http://smallbusiness.findlaw.com/employment-law-and-human-resources/age-discrimination-in-employment.html)(ADEA) - [The Americans with Disabilities Act](http://employment.findlaw.com/employment-discrimination/americans-with-disabilities-act-of-1990-titles-i-and-v.html) (Title I and Title V) - [The Civil Rights Act](http://employment.findlaw.com/employment-discrimination/title-vii-of-the-civil-rights-act-of-1964-equal-employment.html) (Title VII) - [The Equal Pay Act ](http://employment.findlaw.com/employment-discrimination/equal-pay-act-of-1963.html)(EPA) - [The Immigration and Reform and Control Act](http://dictionary.findlaw.com/definition/immigration-reform-and-control-act-irca-of-1986.html) (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](https://chicagolegalcounsel.com/contact), you should contact the Law Offices of Joshua D. McCann, LTD today to schedule an initial consultation and discuss your case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Sex and Pregnancy Discrimination – Understanding your Rights](https://chicagolegalcounsel.com/sex-and-pregnancy-discrimination-understanding-your-rights/) **Published:** January 23, 2018 **Author:** msaawe **Content:** If you have been denied an employment opportunity, benefits, a well-deserved promotion, or were fired due to your pregnancy, you can take a legal action against your employer for discrimination. Every year, thousands of cases are filed with the Equal Employment Opportunity Commission (EEOC) for pregnancy discrimination. In 2014, new laws in Illinois were introduced to instruct employers for making reasonable accommodations, such as breastfeeding rights, light duty, and others, for their pregnant employees. ## Your Rights Under Federal and Illinois Laws The Pregnancy Discrimination Act (PDA) is part of the federal Title VII of the Civil Rights Act that applies on employers with 15 or more employees and prohibits them from engaging in discriminatory acts against women based on childbirth, pregnancy, and other related medical conditions. In addition, the Illinois Human Rights Act has strict provisions against sex discrimination, which involves pregnancy discrimination as well. However, unlike the PDA, it applies to all types of organizations, including those with just a single employee. Under these laws, you are protected from discrimination in the following ways: - A prospective employer cannot ask you about your plans for having children or your pregnancy in a job interview. - Your employer cannot deny promotion or appraisal that you clearly deserve due to your medical condition. - Your employer cannot cut your hours or lay you off if they find out about your pregnancy. It is your right to keep your job as long as you are meeting its work requirements. Moreover, you are protected from any form of harassment, both from your employer and other employees, pertaining to your condition. - Your employer is prohibited to provide different treatment than other employees because of your pregnancy. According to the Supreme Court, this means that your employer cannot put additional burden, like they may on other employees. ## Temporary Disability and Pregnancy If a pregnant employee is unable to carry out her work duties on a temporary basis due to her condition, the employer is required to treat her as they would an employee with temporary disability. In addition, if an employee experiences impairments due to pregnancy, they may be considered as disabilities under the ADA. This means that such an employee is entitled to accommodation in terms of alternative assignments, modified tasks, light duty work, leave without pay, or disability leave. ## Compensation Available for Pregnancy Discrimination If you are a victim of pregnancy discrimination, you may be able to receive several types of damages based on the individual circumstances of your case, such as: - Pain and suffering, including emotional distress due to loss of employment or other discriminatory actions - Attorney’s fees and court costs - Out-of-pocket expenses, back pay, and lost benefits - Front pay when reinstatement may not be a valid option - Punitive damages to punish the employer for engaging in discriminatory acts and overstepping the legal boundaries If you have faced discrimination based on your pregnancy related medical condition, you can file a complaint with the EEOC, and take legal action against your employer. Contact the Law Offices of Joshua D. McCann, LTD today to schedule an initial consultation with an employment discrimination attorney. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Retaliatory Discharge for Reporting Violation of the Law](https://chicagolegalcounsel.com/retaliatory-discharge-for-reporting-violation-of-the-law/) **Published:** January 29, 2018 **Author:** msaawe **Content:** When employees complain against their employers about harassment, discrimination, or any other illegal act, they often face retaliation, leading to negative consequences for their job. However, several federal and state laws are in place that provide protection to such employees from unfavorable treatment and retaliatory discharge for asserting their rights and doing the right thing. Employees can file a retaliation claim with the [Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/laws/types/retaliation.cfm), and get compensation for the difficulties and damages they suffered as a result. However, they must establish the following three things in order to prove their claim: - They were engaged in a protected activity - The employer retaliated against you for engaging in that protected activity - The retaliation was a result of your protected activity, i.e. the employer’s actions had a direct connection to the protected activity It is essential that you prove all of these points to prove that your employer retaliated against you. ## Reporting Violations of the Law by Your Employer An employer is prohibited to terminate or fire an employee for reporting a criminal or any other activity breaching the law to the management or government regulatory bodies. If an employee refuses to participate in an illegal activity, an employer cannot take actions, like firing, changing departments, or demoting to punish them. The EEOC provides protection for retaliatory discharge when an employee makes an external report to the government regulators or law enforcement agencies, or internal report to the senior management. If you are terminated from your job due to your employer’s retaliation, you can bring a claim against them when you have: - Reported the violation of the law by your co-worker, supervisor, or employer to a government regulatory authority or organization’s management - Reported Medicare fraud - Reported health code violations - Reported breach of OSHA safety protocol - Reported sales of expired products or food items - Reported incidents that violate the provisions of the Nursing Home Care Act to the Illinois Department of Public Health and/or the management - Reported elder abuse in a nursing home to the regulatory authorities or law enforcement - Reported neglect or abuse of residents of a nursing home to the Illinois Department of Public Health - Reported incidents of child labor or abuse to law enforcement or management - Refused to falsely testify or commit perjury to cover up employer’s illegal actions - Refused to tamper with a federal tax record for your employer - Participated in jury duty - Attended court when subpoenaed - Reported unsuitable conditions or violations of health code for proper food storage These are just a few examples of circumstances when you can face retaliation from your employer and negative consequences as a result. If you have suffered from retaliatory discharge because you complained about an illegal activity, you should consult your case with an experienced retaliatory discharge attorney. They will explain your rights and what actions you can take to remedy your situation. [Contact](https://chicagolegalcounsel.com/contact) the Law Offices of Joshua D. McCann, LTD today to schedule an initial consultation with an [employment discrimination attorney](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Various Instances that Can be Termed as Wrongful Terminations](https://chicagolegalcounsel.com/the-various-instances-that-can-be-termed-as-wrongful-terminations/) **Published:** February 5, 2018 **Author:** msaawe **Content:** Illinois is a state where employment is at will. This means that both the employer and the employee can terminate their working relationship at any time without prior notice or reason. At-will employment positions behave the same way in all other aspects of business, apart from allowing all parties to close their bond with each other. This may mean to you that there cannot be a wrongful termination in Illinois, but this is not the actual case. There are various instances where you can be wrongly terminated by your employer. Here, we describe you such cases where you may need to hire an [employment lawyer in Illinois](https://chicagolegalcounsel.com/retaliatory-discharge) to fight for your rights. ## Discrimination There are times when a company may want to offload a few employees, due to a shortage of work or for decreasing their expenses. However, an employer in Illinois cannot discriminate during this offloading, based on your citizenship, ancestry, religion or race. If you believe that you have suffered a wrongful termination, then you are protected by the [Article 2](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt%2E+2&ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1350000) of the Illinois Human Rights Act. This article protects all employees from facing any discrimination. You should hire legal help if you have faced such an issue. Remember, a lawyer better understands whether you faced wrongful termination or it was just a case of a necessary elimination of your employment. ## Contract Breach The employees are protected in an at-will working environment with the terms of their employment contract. They can ensure that the employer can only perform a termination due to issues that concern productivity or performance. If the contract was agreed in writing, then you can seek advice from an employment lawyer in Illinois to pursue your case for wrongful termination. Remember, the point that you need to present in this legal battle is that the terms of the contract were not honored. The employer reserves the right to end the employment partnership, but cannot fire an employee based on a random reason, when the allowed reasons are already specified in the contract. ## Violation of Public Policy Another instance where wrongful termination may happen is when your employer violates the public policy. This is against the fundamental legal principles and identified in the state of Illinois. Take the example of an employee reporting the employer for the violation of a particular law. If the employer now terminates such an employee, they have the perfect case to appeal for a wrongful termination in Illinois. ## Based on Leave There are many leaves that you can receive in Illinois, based on the employment laws that describe them. You can always take a leave to serve in the armed forces and your job cannot be terminated based on joining the military service. You should also get an unpaid leave for serving as a jury member. You get a paid time off for the voting activity in the state. If your employer terminates you for a qualified leave, then it counts as a wrongful termination. You can always seek legal help for resolving wrongful termination issues. Talk to an experienced [Schaumburg wrongful termination attorney](https://chicagolegalcounsel.com/contact) to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Transgender Discrimination is an Offense in Illinois](https://chicagolegalcounsel.com/transgender-discrimination-is-an-offense-in-illinois/) **Published:** February 26, 2018 **Author:** msaawe **Content:** Illinois is a progressive state, when it comes to the laws and regulations that protect all social, communal or gender groups from discrimination. A common topic is transgender discrimination, which is now an offense in Illinois. The Illinois Human Rights Act (IHRA) protects the LGBT (lesbian, gay, bisexual, transgender) community from any kind of workplace discrimination. Here, we describe how you can fight such discrimination in Illinois and use legal help from a transgender discrimination lawyer if you need it. ## Unique Rights The state of Illinois passed an important law in 2015, which grants dignity to transgender individuals. This allows the transgender community to mention their sexuality and gender choice, for burial and other funeral activities. This is a unique proposition in the United States, and ensures that you are well-protected from persecution due to your unique gender choice. ## Using Restrooms Another advantage in Illinois is that you do not have to provide a proof of your gender identity. You are protected by the public accommodation law, in the state of Illinois. If you face transgender discrimination when using a restroom, you can take the matter to a court of law and get a fair compensation for the emotional turmoil that you faced. The same situation may also apply to other public places in the state. ## Hate Crime The Hate Crime Act in Illinois also protects the transgender community. Although transgenders were not directly mentioned in the language of the legislation, the Illinois Department of Human Rights clearly states that the law provides complete protection against any hate crime that occurs due to a particular sexual orientation, which includes the transgender identity. However, the latest amendment to the law now specifically protects the gender identity of an individual. If you find that you have been a victim of a hate crime, due to your sexual orientation, you can certainly raise your concerns. You can hire a discrimination lawyer in Illinois and get the required relief from a court of law in the state. The penalties for such crimes are now severe, and your employment and other rights are fully protected as a transgender resident of the state of Illinois. ## Health Insurance Issues One problem that the transgender community currently faces is poor coverage in the health insurance schemes. Denial of the required health insurance coverage is a real issue for this community all across the United States. The insurance companies are now bound by law in Illinois to not drop your case, because you belong to the transgender community. This means that if you face transgender discrimination in any health-related services, you can hire an experienced discrimination lawyer and ensure that your health insurance rights are fully protected. You should always attempt to get an insurance deal that covers all your issues, especially which pertain to your transgender identity. This means that you must cover any treatment that you may need, especially for maintaining your health, which is unrelated to the transitioning process. Illinois is truly a heaven for the transgender community. Talk to an experienced Schaumburg wrongful termination attorney to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Age Discrimination Issues in the Workplace](https://chicagolegalcounsel.com/age-discrimination-issues-in-the-workplace/) **Published:** March 6, 2018 **Author:** msaawe **Content:** Employment discrimination occurs when an employee or a job seeker is treated unfavorably due to their race, national origin, skin color, gender, gender identity, sexual orientation, religion, disability, or age. According to the [U.S. Equal Employment Opportunity Commission](https://www.eeoc.gov/laws/types/age.cfm), “Age discrimination involves treating an applicant or employee less favorably because of his or her age.” Firing an employee based on their age factor, instead of skills, capabilities, and behavior, is a [wrongful termination](https://chicagolegalcounsel.com/employment-discrimination). In this case, the employee should consult a reputable, well-versed employment lawyer to protect his/her job. In fact, judging older workers merely on the basis of their age factor rather than abilities can gravely affect workers’ financial security, especially at the time as well as into their retirement. However, it is a challenging case to bring in court as well as a tough one to win. In addition, it can also be financially as well as emotionally draining, and you may hardly get a day in court for this matter. Believe it or not, employment seekers are presently reporting age discrimination even as early as their mid-thirties. Thus, they can eventually be viewed as washed up in certain industries by the time when they reach their forties. That is why there are laws that forbid any kind of [employment discrimination](https://chicagolegalcounsel.com/employment-discrimination) based on the age factor. The Age Discrimination in Employment Act of 1967 (ADEA) strictly prohibits age discrimination against individuals who are forty or over. Just to make you aware that discrimination can occur only when the victim, as well as the individual who inflicted such discrimination, are both over forty years of age. Also, the discrimination can occur in any aspect of employment, like hiring, termination, job assignments, salary, benefits, training, layoff, promotions, and other terms and conditions of employment. You [hold the right to initiate legal proceedings](https://www.aarp.org/work/employee-rights/info-02-2009/age_discrimination_fact_sheet.html) if you believe you are facing age discrimination. However, always consider negotiating with your supervisor or employer first or taking advantage of your organization’s already established grievance system. You may be able to convince your employer to settle the matter with you when your case is already strong. In fact, according to experienced and reputable employment discrimination lawyers, employers often prefer out of court settlement for cases when employees have one or more solid evidence of age bias. If you are facing age discrimination at your workplace, you should contact the Law Offices of Joshua D. McCann, LTD today to schedule an initial consultation and discuss your case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to File an Employee Discrimination Claim](https://chicagolegalcounsel.com/how-to-file-an-employee-discrimination-claim/) **Published:** April 5, 2018 **Author:** msaawe **Content:** The practice of employment discrimination involves the practice of treating an individual or a group of people in a different way from other employees. According to the employment law, the discrimination could be based on an employee’s affiliation within a category protected by law, as gender, age, religious affiliation, and race. If you face any type of discrimination from anyone at the workplace, then it’s best to consult an employment discrimination lawyer to protect your rights. ## Sex-Based Employment Discrimination Every state has its own [employment discrimination laws](https://www.eeoc.gov/laws/types/sex.cfm), the Illinois Human Rights Act forbids all employers to discriminate in terms of gender including pregnancy, childbirth, paid leaves, and gender-related medical conditions. Just like other states in the US, Illinois has strict sex-based discrimination laws to protect employees from unfavorable workplace harassment. Consultation with a [sex discrimination lawyer](https://chicagolegalcounsel.com/sex-and-age-discrimination) will highlight that discrimination against any person or harassment of an individual based on their sexual orientation, transgender status and gender identity is unlawful. The discrimination covers all the employment decisions including hiring, termination, remuneration, job assignment, job titles, training, benefits and alterations in terms and condition of employment. ## Age-Based Employment Discrimination If you feel that you have been unlawfully terminated based on your age, consult with an experienced [Age Discrimination lawyer](https://chicagolegalcounsel.com/sex-and-age-discrimination) to learn about your options. Our attorney can help determine if the candidates’ age was a factor in deciding to hire, terminate, promote, assign benefits, and arrange training and job assignment. By law, it is unlawful to include a preferred age for a job, employers must forbid from favoring a particular age group while hiring. Companies are allowed to limit the age only in rare circumstances where the inclusion of age is a “bona fide occupational qualification” (BFOQ). In the state of Illinois, a “private right of action” does not exist by law. Hence, any employment discrimination case will be claimed under the Illinois Human Rights Act that indicates individuals won’t be able to file a discrimination lawsuit in a court under Illinois law. Similarly, the anti-discrimination statue of Illinois covers that small company employers are not covered by the federal law for retaliation, sexual harassment and age discrimination. Any such case will be filed with IDHR. Instead, the case will be forwarded to the Illinois Department of Human Rights, the agency will pursue the discrimination claim under the Human Rights Acts when substantial evidence is available. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to file a Wrongful Termination Claim](https://chicagolegalcounsel.com/how-to-file-a-wrongful-termination-claim/) **Published:** April 23, 2018 **Author:** msaawe **Content:** If you recently lost your job for reasons you feel were unjustified than there is a big chance that you were wrongfully terminated. The state of Illinois allows workers to work at their own will. It indicates that an employee can be fired for any reason, anytime or for no reason at all. Consulting with a wrongful termination lawyer will highlight some exceptions to the will of employees rule. If you feel that the employer fired you for a reason not related to poor organizational performance or any other wrongdoing, then it could be discriminatory termination. ## Termination Based on Discrimination The Federal law states that it is illegal for an employer to terminate an employee based on their protected characteristic. The law also prohibits employers from the termination of an employee based on sex, color, race, nationality, religious beliefs, citizenship status, disability, and age. Sometimes, employees are fired after getting an injury if that happens, contact a [retaliatory discharge lawyer.](https://chicagolegalcounsel.com/retaliatory-discharge) The law is applicable to employers with 15 or more employees. The termination based on age discrimination is applicable to companies with 20 plus employees. While [terminating employees](https://www.eeoc.gov/employees/howtofile.cfm) based on citizenship status is applicable to employers who holds 4 or more employees. ## Family and Medical Leave Act The Family and Medical Leave Act permits employees to take some paid time off work to care for family members who are ill. The FMLA is established to help employees care for injured or ill family members as it is extremely important for the success of the working families. The FMLA is established to assist workers when they need to help their families, however, the law does not in any instance indicate that an employee is entitled to skip work for days without any valid reason. One of the most valid reasons for getting FMLA leave is to help a spouse or a partner welcome a new child into their home. Being a parent is important and employees need some time off work to adjust to the new routine. If you feel that your employer is not granting you the mandatory time off, even for valid reasons, then discussing the issue with a Family and Medical Leave Act lawyer will provide all the necessary details about the law and its provisions. For more information, or to schedule a free consultation, contact Law Offices of Joshua D. McCann, LTD to speak with an experienced attorney on this topic. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What is FMLA?](https://chicagolegalcounsel.com/what-is-fmla/) **Published:** May 3, 2018 **Author:** msaawe **Content:** FMLA or [Family & Medical Leave Act](https://templatelab.com/family-and-medical-leave-act/) is a federal act enacted more than three decades. Prior to the ratification of the act, people would lose their jobs whenever they were afflicted with a serious ailment which made them take more than a week off from work. Therefore, in order to protect the jobs of millions of employees, the FMLA was enacted which required employers across the USA to provide family and medical leave to their workers. ## What Rights Do the Employers Get Through FMLA? The Family & Medical Leave Act (FMLA) requires employers to allow their employees 12 weeks off from work in a 12-month period for a variety of reasons including childbirth and serious health conditions. Eligible employees can receive FMLA for: - Childbirth and to care of the child during the first year of his or her life. - To care for a newly placed adopted child for the first year of his/her life with a new family. - To cope with a serious ailment or health condition which makes the employee unable to carry out his or her mandated duties. - To take care of a close family member including spouse, parents or child suffering from a serious ailment. - To take care of a relative who is a service member with a severe injury which requires constant care. A recent amendment in the FMLA final rule has changed the definition of spouse, making it possible for same-sex couples eligible to receive FMLA. ## Who is eligible for FMLA? Companies with a minimum of 50 employees on their payroll are legally bound to abide by the FMLA. Employees must have worked for the company for a minimum of 12 months to be eligible to get an unpaid leave under the aforementioned act. In some instances, the number of hours the employee has worked are also considered in establishing their eligibility. In some circumstances, employers take advantage of their employees’ lack of knowledge regarding their legal rights and terminate them for taking unpaid leaves for more than 3-4 weeks. If your employer considers your break “too long” for any of the reasons stated above and has terminated your employment, then it is time to consult an experienced employment lawyer to defend your rights under the Family Medical Leave Act. If you feel like you have been subjected to wrongful termination by your employer or want to schedule a free consultation with an experienced employment lawyer, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What is Considered Religious Discrimination?](https://chicagolegalcounsel.com/what-is-considered-religious-discrimination/) **Published:** May 21, 2018 **Author:** msaawe **Content:** Discrimination refers to an unfair or biased treatment of people due to their racial background, gender, age or even religion. Religious discrimination, a term used to refer to the prejudiced treatment of certain people due to their religious beliefs, is becoming a serious concern. Every year hundreds and thousands of people face different treatment due to their personal religious beliefs. According to [FBI hate crime statistics](https://ucr.fbi.gov/hate-crime/2016/topic-pages/incidentsandoffenses), while people from all religions are victims of religious discrimination, a vast number of them belong to minority groups such as Jews and Muslims. ## How Can You Be Discriminated Against on The Basis of Your Beliefs? There are many ways in which a person can be discriminated against due to their religious beliefs or the lack thereof. - **Direct & Indirect Discrimination –**Direct discrimination can be on a personal level where an individual does not approve of your religious beliefs whereas indirect discrimination is a term often referred to the policies of an organization, business or educational, which leave people belonging from certain religious group at a disadvantage due to their beliefs or lack thereof. - **Harassment –**Religious discrimination can take extreme forms when people are harassed due to their religious beliefs. At times, reporting harassment can lead such a person in further trouble as they are labeled as troublemakers. Anyone who plays a role in a discrimination case often finds themselves being subjected to discrimination as well. - **Hate Crimes –**The most extreme form of religious discrimination takes in the form of hate crimes where people are threatened, abused and attacked just because of their religious beliefs. A hate crime can entail hate mail, damage to personal property, insulting leaflets and even acts of violence such as assault or attempt to murder. ## Does the Law Offer Any Protection Against Religious Discrimination? Both federal and [state law](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64) offers comprehensive protection against all sorts of discrimination, including discrimination on the basis of religion. Just like sex discrimination lawyers and age discrimination lawyers defend the rights of their clients, remedies, and justice can be acquired by victims of religious discrimination through litigation. Religious discrimination by housing societies, employers or educational institutions can easily be remedied by an experienced religious/employment discrimination lawyer. If you feel like you have been subjected to religious discrimination at work, school or anywhere else or want to schedule a free consultation with an experienced employment discrimination lawyer, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Dealing with Pregnancy Discrimination](https://chicagolegalcounsel.com/dealing-with-pregnancy-discrimination/) **Published:** June 5, 2018 **Author:** msaawe **Content:** Pregnancy is one of most exhilarating experiences of a woman’s life. It is certainly a life-altering experience as you, blessed with the miracle of life, carry and give birth to a human being. Unfortunately, in some instances, pregnant women tend to face discrimination. Despite [federal laws](https://www.eeoc.gov/laws/types/pregnancy.cfm) which explicitly prohibit any sort of discriminatory behavior towards pregnant women, the number of discrimination cases continues to rise. According to local employment discrimination lawyers, refusal to hire or provide adequate medical leaves are the most common types of discrimination faced by pregnant women across the United States. ## Know Your Rights – How Does the Law Protect Pregnant Women Against Discrimination? Under the [Pregnancy Discrimination Act](https://www.eeoc.gov/laws/statutes/pregnancy.cfm), which is a federal act of law, employers cannot discriminate on the basis of pregnancy or any other aspect of pregnancy such as childbirth, miscarriages etc. Added as an amendment to the Civil Rights Act (1964), the federal act explicitly prohibits employers to discriminate against pregnant women. The protection against pregnancy discrimination is further augmented by the [Illinois state legislation](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1050&GA=98) titled ‘the Illinois Pregnancy Accommodation Law’. In short, both federal and state laws provide ample protection to women who are victims of discrimination based on their sex and pregnancy. As per sex discrimination lawyers, most women are unaware of their rights. Lack of awareness is a major issue which allows employers to get away with pregnancy discrimination. ## How to Deal with Discrimination? Under the law, your employer is supposed to accommodate you in a reasonable manner. Accommodations such as lighter workloads particularly in jobs involving manual labor, allowing frequent bathroom breaks and time off work to help you recover from childbirth. If your employer fails to reasonably fulfil his or her duties as stipulated by law, you might have a strong case. If you are a pregnant woman who is currently facing discrimination at work on the basis of your condition, you should immediately seek guidance from a sex discrimination lawyer. Even if you were discriminated against post-partum, you can seek justice from the court within 300 days of the incident. If you feel like you have been subjected to discrimination by your employer due to your pregnancy and want to schedule a free consultation with an experienced sex discrimination lawyer, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Wrongful Termination Due to Discrimination](https://chicagolegalcounsel.com/wrongful-termination-due-to-discrimination/) **Published:** June 19, 2018 **Author:** msaawe **Content:** A [vast majority of people](https://www.huffingtonpost.com/nora-t-akins/eeoc-releases-2014-statistics_b_6842794.html) 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](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64) 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What is Employment Discrimination?](https://chicagolegalcounsel.com/what-is-employment-discrimination/) **Published:** July 9, 2018 **Author:** msaawe **Content:** ## What Is Employment Discrimination? Under the [federal law](https://www.nps.gov/articles/civil-rights-act.htm), 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](https://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm) 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Does Gender Discrimination Entail?](https://chicagolegalcounsel.com/what-does-gender-discrimination-entail/) **Published:** July 23, 2018 **Author:** msaawe **Content:** Gender equality is a basic human right which stipulates that every person is treated equally regardless of their gender or sexual orientation. Both [federal](https://www.eeoc.gov/laws/types/sex.cfm) and [state](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64) laws provide comprehensive protection but people continue to be discriminated on the basis of their gender. [Statistically](http://genderstats.org/), 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Deal With Retaliatory Discharge](https://chicagolegalcounsel.com/how-to-deal-with-retaliatory-discharge/) **Published:** August 8, 2018 **Author:** msaawe **Content:** Every year thousands of people lose their jobs due to retaliatory discharge. Under the [law](http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/250.00.pdf), 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](https://chicagolegalcounsel.com/retaliatory-discharge), 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](https://chicagolegalcounsel.com/faqs-about-retaliatory-discharge-in-illinois) at work or wish to schedule a free consultation with an experienced retaliatory discharge lawyer, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Understanding Wrongful Termination](https://chicagolegalcounsel.com/understanding-wrongful-termination/) **Published:** August 16, 2018 **Author:** msaawe **Content:** 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](https://chicagolegalcounsel.com/), 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [A Brief Overview of Federal Employee Discrimination](https://chicagolegalcounsel.com/a-brief-overview-of-federal-employee-discrimination/) **Published:** September 6, 2018 **Author:** msaawe **Content:** 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)](https://www.eeoc.gov/laws/statutes/index.cfm). 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](https://www.law.cornell.edu/wex/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](https://chicagolegalcounsel.com/federal-employee-discrimination), 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [A Brief Introduction to FMLA](https://chicagolegalcounsel.com/a-brief-introduction-to-fmla/) **Published:** September 19, 2018 **Author:** msaawe **Content:** 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](https://chicagolegalcounsel.com/our-team). 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [All You Need to Know About Transgender Discrimination](https://chicagolegalcounsel.com/all-you-need-to-know-about-transgender-discrimination/) **Published:** October 3, 2018 **Author:** msaawe **Content:** 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](https://williamsinstitute.law.ucla.edu/press/press-releases/report-shows-continuing-high-levels-of-workplace-discrimination-impacts-productivity-and-health/) 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](http://assets2.hrc.org/files/assets/resources/Cost_of_the_Closet_May2014.pdf) 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](https://chicagolegalcounsel.com/wrongful-termination-claims-myths-and-misconceptions) 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](https://www.eeoc.gov/eeoc/publications/brochure-gender_stereotyping.cfm), 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](https://chicagolegalcounsel.com/) 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Glass Ceiling in Today’s Workplace](https://chicagolegalcounsel.com/glass-ceiling-in-todays-workplace/) **Published:** October 15, 2018 **Author:** msaawe **Content:** 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](https://www.forbes.com/sites/jwebb/2017/01/30/glass-ceiling-still-keeps-top-jobs-for-the-boys-women-earn-75-of-mens-salary/#426b1b0e2bb2) 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](https://chicagolegalcounsel.com/employment-discrimination) 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Discrimination Affects Requested Time off for the Holidays](https://chicagolegalcounsel.com/how-discrimination-affects-requested-time-off-for-the-holidays/) **Published:** November 8, 2018 **Author:** msaawe **Content:** 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](http://www.eeoc.gov/eeoc/publications/fs-religion.cfm) 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](https://chicagolegalcounsel.com/employment-discrimination/). An attorney will ensure that your rights remain protected and your employer cannot act with impunity against you. A seasoned [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Discrimination & Holiday Bonuses](https://chicagolegalcounsel.com/discrimination-holiday-bonuses/) **Published:** December 5, 2018 **Author:** msaawe **Content:** Unfortunately, discrimination still exists in the United States, especially within the workplace environment. The prejudicial treatment on the basis of race, caste, creed, religion, and sexual orientation may lead to unfair treatment, which may not only create an uncomfortable environment for the employees but also put them in financial disadvantage. The most common consequence of this bias is unequal pay, known as compensation discrimination. The compensation does not only include base salary but also includes other forms of pay such as bonuses, overtime pay, profit sharing, life insurance, vacation, allowances, reimbursements, among other benefits. ## Discrimination and Holiday Bonuses Employers and managers may show prejudice and unjust attitude towards certain employees by not providing them with bonuses that they are actually entitled to obtain. Primarily, there are two main type of bonuses. Firstly, there are performance-based bonuses which are paid to employees based on their, as the name suggests, performance or achieving targets. There are certain steps that an employer can take in order to stop an employee from achieving the targets that may qualify them for a bonus. For instance, not providing them with certain tasks or perhaps excluding them from meetings. Secondly, there are bonuses which are paid to everyone regardless of any factor or condition attached such as holiday bonuses. In this case, the employer can demonstrate partiality by not providing them holiday bonuses. For instance, a Hindu or a Muslim employee may be denied Christmas bonus on the grounds of their religious beliefs. However, [Title VII](https://www.eeoc.gov/laws/statutes/titlevii.cfm) prohibits employers from discriminating against employees. Thus, it is imperative that employers show equal treatment towards all their employees when providing holiday bonuses. This means that if one employee is given a holiday bonus, then every other employee should also be entitled to the bonus as per their designation, despite their religious background, cast, ethnicity, or sexual orientation. ## How Can A Lawyer Help? If you are denied holiday bonus due to the discriminatory behavior of your employer, then you can file a claim against them by procuring services of an experienced [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) to seek bonus payment that you were rightfully entitled to obtain. Using their vast experience and knowledge related to statutes that are applicable to your case such as Title VII, Equal Pay Act, among other discrimination laws, a competent employment discrimination lawyer will construct a solid case in your favor. A seasoned [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) will protect your rights throughout the litigation process and may help you to obtain a favorable settlement offer, which will help you to avoid tedious and time-consuming battle in the court. 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](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Whistleblower Termination](https://chicagolegalcounsel.com/whistleblower-termination/) **Published:** December 12, 2018 **Author:** msaawe **Content:** The concept of whistleblowing is not something new in the United States. Since its inception, the US has embraced and promoted a culture of civic and public responsibility in order to protect the interests of the general public. In the modern corporate culture, whistleblowing happens to be an important aspect, which helps the US government to recover billions of dollars per annum in illegal profits and illegitimate funds. ## What Is Whistleblowing? Whistleblowing is an act of disclosing illegal conduct at work that is in violation of regulations applicable to the company or laws prevailing in the jurisdiction. For instance, if an individual reports fraudulent activity such as money laundering, shareholder fraud, dangerous products, or tax evasion, it can be referred to as whistleblowing. ## Whistleblower Termination Under the [Whistleblowing Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57), an employer is prohibited from firing an employee for whistleblowing on certain illicit, illegal, and unethical activities. As per this statute, if an employee has reasonable grounds to believe that they need to disclose certain information, which may be deemed as a violation of a state or federal law to appropriate authorities, then the employer must not retaliate against that employee. The Whistleblowing Act along with [many other statutes](https://www.osha.gov/news/newsreleases/region9/08282012) applicable to a business entity protects employees from potential consequences of exposing the fraudulent activities by ensuring anonymity, confidentiality, and protection, if necessary. For instance, the Sarbanes-Oxley Act includes whistleblower protection for employees who disclose shareholder fraud or financial discrepancies and irregularities, among other illicit activities taking place in an organization. If you are asked to engage in an illegal transaction or business conduct and the refusal costs you losing your job, then you may have a solid claim for wrongful termination. Some examples may include refusing to conceal material information from the auditor, filing incorrect tax returns, or perhaps authorizing an illegal financial transaction. If any of these or similar type of incident occurred at your workplace and you lost your job for not facilitating their illicit behavior, then you should seek legal counsel from an experienced [wrongful termination lawyer](https://chicagolegalcounsel.com/retaliatory-discharge). Your wrongful termination lawyer can help you to obtain a rightful compensation by filing a retaliation or whistleblowing case against your employer. The damages may include back payment, reinstatement or front payment, out-of-pocket losses, and costs related to legal proceedings. In some cases, a competent wrongful termination lawyer may also be able to seek punitive damages, and bounty for protecting the public interests, which are mostly a percentage of total sanction against the employer. If you want to know more about this subject or want to schedule a free consultation with an experienced wrong termination lawyer, it is highly recommended for you to contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Disability Discrimination at Workplace](https://chicagolegalcounsel.com/disability-discrimination-at-workplace/) **Published:** January 10, 2019 **Author:** msaawe **Content:** The modern society that we live in is becoming more tolerant and accepting, but unfortunately, the disability discrimination in the workplace still exists around the world. In the United States, there are multiple state and federal laws such as [Americans with Disabilities Act (ADA)](https://adata.org/learn-about-ada) that provide protection to disabled individuals from being discriminated or harassed at a workplace, and, as a matter of fact, in all areas of life including private and public places. Therefore, if you believe that you have become a victim of disability discrimination, you should consider initiating a legal claim against the employer by hiring an experienced employment discrimination lawyer. ## What Is Disability Discrimination? Disability discrimination can be referred to a prejudice or partiality behavior against a qualified individual, such as treating an applicant or employee unfavorably, solely due to their disability (or their prior history of disability). In order for an individual to be protected under discrimination disability, they must be qualified for the job and have a disability condition defined as per the law. The latter prerequisite can be demonstrated in one of the three following ways: - An individual has a mental condition that considerably limits their life activity such as walking, seeing, hearing, talking, etc. - An individual has a medical history of a disability (for example, remission cancer). - An individual has a mental or physical condition that is not minor or transitory (expected to last more than 6 months). If an individual is unable to demonstrate any of these 3 conditions, they may not be protected under the anti-discrimination law and may seek a different legal route. A competent [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) can help you to establish that you suffer from a disability to help you get justice. ## Protection Under Disability Discrimination Law A qualified disabled individual is protected under anti-discrimination laws such as [Americans with Disabilities Act (ADA)](https://adata.org/learn-about-ada). Here are some of the rights provided to a qualified individual to prevent disability discrimination at the workplace: · The law prohibits discrimination pertaining to any aspect of employment; which includes, but not limited to, hiring, firing, salary, promotion, fringe benefits, training, amongst other terms of employment. · The law forbids any sort of harassment against an applicant or employee due to their disability. For instance, passing offensive or derogatory remarks about their disability or any disparaging behavior that is frequent and severe, and may result in a hostile work environment. · The law also requires an employer to provide ‘reasonable accommodation’ to a disabled job applicant or an employee, provided that doing so would not cause ‘undue hardship’ to the employer. The ‘reasonable accommodation’ may include a change in the work environment or providing assistance such as providing wheelchair accessibility at the workplace. The ‘undue hardship’ means that accommodation will be expensive or difficult to provide, assessed by taking employer’s financial resources and different other factors into consideration. If you experienced discriminatory behavior due to your disability and are seeking a legal remedy, having an employment discrimination lawyer on your side can be invaluable for your case. From filing a claim to gathering evidence, your attorney will handle all the work pertaining to your case and ensure that your legal rights remain protected throughout the litigation process. 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](https://chicagolegalcounsel.com/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Is Considered Discrimination?](https://chicagolegalcounsel.com/what-is-considered-discrimination/) **Published:** January 22, 2019 **Author:** msaawe **Content:** The term discrimination is often thrown around when an individual feels singled out or faces an unfavorable situation. However, when it comes to legal perspective, discrimination refers to a prejudicial or unjust behavior towards an individual or group of people on the grounds of certain characteristics. These characteristics may include age, gender, religion, race, ethnicity, national origin, marital status, and disability, among others. In the United States, about 4 in 10 working women claim that they have faced prejudiced and discriminating behavior due to their gender, [as per pewreserach.org](http://www.pewresearch.org/fact-tank/2017/12/14/gender-discrimination-comes-in-many-forms-for-todays-working-women/). The U.S. Equal Opportunity Commission categorically states that on-the-job discrimination is illegal under different federal laws, including: - Title VII of the Civil Rights Act of 1964 - Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967 - Titles I and V of the Americans with Disabilities Act of 1990 - Sections 501 and 505 of the Rehabilitation Act of 1973 - Uniformed Services Employment and Reemployment Rights Act of 1994 ## What Is Considered as Discrimination? It is important to understand that not all types of discrimination will result in the violation of discrimination laws. There are some kinds of discriminatory behaviors that are legal and do not provide the basis for civil rights infringement. For example, if an individual with 3 pet dogs fills out an application for renting an apartment, but their application is rejected by the landlord as (s)he does not want dogs in their apartment. In this case, there is no violation of civil rights as the applicant was solely discriminated due to their status as a pet owner. Let’s take another example, if an individual with certain religious beliefs says Hinduism while filling out an application for renting an apartment, but their application is rejected by the landlord due to their religious background (the homeowner preferred to have Christian tenants in their building) then in such a scenario, the civil rights of an individual have been violated as they have been discriminated due to their religious background. These are just a couple of examples, but it may provide you an idea of what constitutes as discriminatory behavior. Discrimination can occur in employment, education, health care services, housing, public accommodations, lending and credit, transportation, and a different number of settings. For instance, if you have faced a rejection from the job and you believe the decision was not based on the merits or your qualification, but the prejudiced behavior was related to your characteristics, you can contact an experienced [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) to pursue a legal claim against the wrongdoer to assess whether you have a valid claim. A skillful employment discrimination lawyer will assess your case based on the facts and evidence that you present to them. If there is a valid claim, they will collect evidence and devise a strong case in your favor to help you seek justice. Using their proficiency and knowledge related to several anti-discrimination laws, a competent employment discrimination lawyer will ensure that your rights remain protected and your employer cannot act against you with immunity from law and order. 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](https://chicagolegalcounsel.com/) at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Employment Discrimination: Know Your Rights](https://chicagolegalcounsel.com/employment-discrimination-know-your-rights/) **Published:** February 6, 2019 **Author:** msaawe **Content:** There are several anti-discrimination laws which prohibit employers from treating their workers differently based on their attributes that are unrelated to job performance. When an employer shows prejudice behavior against an employee due to certain characteristics or background, it causes a violation of guarantees for due process and equal protection provided by the constitution of the United States. ## What Constitutes as Employment Discrimination? It is important to understand that not all types of classifications are eligible for protection against workplace discrimination. Individuals are protected against discrimination based on their age, gender, sexual orientation, race, pregnancy, medical history, national origin, and religion. Moreover, it is also prohibited for employers to show prejudice based on their employee’s marital status or political affiliation or views. ## What Types of Conduct are Prohibited? There are different types of conduct that may constitute employment discrimination; some of the key ones include the decision to hire, fire, or promote. Moreover, an employer must not discriminate when determining salary, bonus, and holiday vacation time. Additionally, any sort of harassment or provocation due to certain characteristics of an employee may also constitute as employment discrimination and lead to severe consequences for the employer. If you have been a victim of any of these conducts and believe that you have a valid claim, you can hire an [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) to initiate legal action. ## Do You Need a Lawyer to File an Employment Discrimination Claim? Firstly, an employee must file a complaint with [the Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC). If their investigation finds that your claim is valid, the EEOC will work with both parties involved in the case to reach a settlement. However, in case the case does not settle, an employee will be issued a “right to use” letter, which will enable them to initiate a legal claim against the employer. Employment discrimination cases can be extremely complicated and difficult; therefore, it can be highly beneficial for your case to procure legal services of a competent employment discrimination lawyer. There are many options available in such cases including, but not limited to, hiring, promotion, reinstatement, and back payments. A skillful employment discrimination lawyer will devise a strong case in your favor and protect your legal interests throughout the litigation process. If you want to know more about this subject or want to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced employment discrimination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Fired for Requesting FMLA Leave – Should I Sue?](https://chicagolegalcounsel.com/fired-for-requesting-fmla-leave-should-i-sue/) **Published:** February 18, 2019 **Author:** msaawe **Content:** [The Family and Medical Leave Act (FMLA)](https://www.investopedia.com/terms/f/family-and-medical-leave-act.asp) allows an employee to take a leave of absence to take care of their family when there is an extended medical problem with the employee or their family. Under FMLA, the employees are protected from discrimination, unfair discipline actions, being laid off or passed over for promotion, among other actions that an employer might take against them. However, there are certain conditions that an employee may fulfill in order to be eligible for FMLA. ## Eligibility for FMLA The parameters that an employee must meet in order to be eligible for FMLA are: - An employee must be employed for at least a year. - An employee must have completed a minimum of 1,250 hours. - The business must have more than 50 employees. An employee who fulfills these three conditions will become eligible for FMLA, even if the required period is greater than available sick days. In most cases, these leaves are reserved for circumstances such as paternity and maternity, prolonged illness, or taking care of ill family member(s). In an event where an employee is suffering from a severe health condition due to which they are unable to perform their job, a medical certificate may be required. ## Initiating a Legal Claim The Family and Medical Leave Act is applicable to all employers in the United States, prohibiting any type of discrimination against employees when they are trying to exercise their rights. If you are fired for requesting FMLA leave, you can initiate legal action against the employer by hiring a [family and medical leave act lawyer](https://chicagolegalcounsel.com/family-and-medical-leave-act). In their defense, the employer may try to state that the reason for your termination was related to poor attendance, behavior, or performance issues. However, if you have not violated any terms of your employment or engaged in criminal behavior, your family and medical leave act lawyer can rebut those defenses and protect your legal rights. Furthermore, Illinois is extremely stringent when it comes to eligibility requirements. For instance, an individual needs to be a full-time employee in order to be eligible for FMLA. A family and medical leave act lawyer can devise a strong case in your favor to protect your interests and help you take a stand against the wrongdoings of your employer. If you feel like you have been denied FMLA leaves by your employer despite your eligibility or want to schedule a free consultation session with an experienced family and medical leave act lawyer, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Does ‘Single Mother Discrimination’ Exist?](https://chicagolegalcounsel.com/does-single-mother-discrimination-exist/) **Published:** March 6, 2019 **Author:** msaawe **Content:** Unfortunately, discrimination is a common issue in the United States that can occur in any workplace. However, this prejudicial behavior is no longer limited to race, color, religion, disability, or sex, but it has extended to marital status as well, particularly when it comes to single parents, especially [single mothers](https://www.collinsdictionary.com/us/dictionary/english/single-mother). Partiality against single moms at a workplace falls under the umbrella of marital status discrimination. It can take several forms; in some cases, it is more subtle and in other, it is quite more obvious. For instance, a single woman who is a mother may be deprived of a promotion, fired from a particular designation, denied an employment opportunity, or receive discriminatory or offensive remarks from her colleagues or managers. ## Discrimination against Single Mothers at Work Single parents, especially mothers may be subjected to discrimination on several fronts. Any workplace that, knowingly or unknowingly, harbors a misogynist mindset may create several difficulties for a single mother, which may impact their ability to perform their respective duties. In addition to that, the historical prejudice against women automatically places them in the lower level of hierarchy compared to men. When a company does not offer flexible work schedule to employees who are single mothers, they are presented with several challenges to balance their work and parenting, especially if they do not have access to suitable childcare. Not only does this deprive a child of quality parenting, but the employee herself is drained and unable to work as productively as they could had provisions been made for them. If you believe that you have been treated in a different way from other employees solely due to the fact that you are a single mother who is raising a child on your own, you should initiate legal action against the company. Examples of marital status employment discrimination may include: - Less qualified male employees or married women being promoted. - Hiring policy that excludes single women with children. - Work schedules for single mothers that they cannot commit to because of their obligations pertaining to childcare. - Fabricated infringements made to rationalize dismissing single mothers. - Creating a hostile workplace environment for single moms. ## Should You Hire a Lawyer? Hiring an experienced [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) is extremely crucial for single mothers who seek redress for discriminatory and illegal treatment under employment discrimination law. Your attorney will analyze your case and work vigorously to pursue a valid claim on your behalf. A skillful employment discrimination lawyer will devise a strong case in your favor and help you seek justice. Remedies may include rehiring in case you were terminated, promotion to the position or an equivalent position you lost and even an employment opportunity if you were unlawfully denied a chance to apply despite being eligible for the position. A competent employment discrimination lawyer will also help you to obtain financial damages for any shock and discomfort, physical injury, or any mental distress that you may have been subjected to due to prejudice and biased treatment. If you want to know more about workplace discrimination against single mothers or want to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced employment discrimination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [All You Need to Know About Retaliatory Discharge](https://chicagolegalcounsel.com/all-you-need-to-know-about-retaliatory-discharge/) **Published:** March 26, 2019 **Author:** msaawe **Content:** The term “Retaliatory” is analogous to “revenge”. Retaliatory discharge is a legal term which refers to an instance when an employee is terminated by their employer for a reason that is unrelated to their work-performance. As per many state and federal laws, retaliatory discharge is considered as wrongful termination as it is illegal conduct. If you believe that you have been victimized by your employer, you should immediately seek legal counsel from an experienced employment discrimination lawyer to learn about your options and check whether you have a valid claim or not. ## What Are the Elements for Proving Retaliatory Discharge? Though laws pertaining to retaliatory discharge vary from one state to another, the employee must prove three points in order to make a successful retaliatory discharge claim: - The employee lawfully and rightfully opposed the discriminatory acts of their employer or took a part in “protected activities”. - The employee was harshly punished by the employer (demoted, terminated, fired, or otherwise). - There is a separate connection between the protected activity and the firing. ## What Is a Protected Activity? Primarily, there are two types of protected activities. First one is disagreeing with the employer’s discriminatory acts. For instance, an employee declines to fulfill their employer’s order to write a discriminatory or invasive note to a colleague. However, the employee must demonstrate that they had a valid reason to believe that their employer’s acts were prejudiced and/or unlawful. The second type relates to the participation in court hearings or police investigations regarding the illegal practices of their protection. There are several statutes including the [Whistleblowing Protection Act](https://www.whistleblowers.gov/) which provides protection to employees. Even though the results of the investigation are inconclusive, an employer has no right to terminate the employee and doing so will provide grounds for a retaliatory discharge lawsuit ## Evidence Required to Prove Retaliatory Discharge In order to succeed in a retaliatory discharge lawsuit, the employee must provide proof of the connection between the protected activity and their termination. This can be accomplished by providing circumstantial or direct evidence. The latter evidence may comprise of a verbal or written proof such as an E-mail, phone conversation, or letter showing that the employer fired you because you participated in protected activity. Circumstantial evidence, on the other hand, may not be verbal or written but may comprise of employer’s pattern or previous history showing retaliatory discharge. ## Why You Should Hire a Lawyer In most cases, it can be extremely difficult to prove a retaliatory discharge, especially if you only have circumstantial evidence and no concrete proof. Therefore, having a competent [employment discrimination lawyer](https://chicagolegalcounsel.com/employment-discrimination) on your side is critical for a successful claim as they will navigate you through all the intricacies and complexities related to your claim. Moreover, if you have a poor record of attendance or other issues related to work, the defense counsel may try to cite that as a ground for firing. Your employment discrimination lawyer will refute their claims by devising a strong case in your favor and presenting facts and evidence that will put you in a strong position. If you want to know more about Retaliatory Discharge or want to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced employment discrimination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Wrongful Termination: Know Your Rights](https://chicagolegalcounsel.com/wrongful-termination-know-your-rights/) **Published:** April 23, 2019 **Author:** msaawe **Content:** The term ‘wrongful termination’ is an event where an employer fires or terminates an employee for reasons that are prohibited by law. However, there are several U.S. laws in that provide protection to employees against wrongful termination, especially when the case involves discrimination, sexual harassment, breach of contracts, violation of policy, or whistleblowing. For instance, [Title VII of the Civil Rights Act of 1964](https://www.thebalancecareers.com/title-vii-of-the-civil-rights-act-of-1964-525697) prevents an employer from discriminating against an employee on the basis of their age, gender, religion, color, race, national origin, sexual orientation, disability, pregnancy, or other characteristics. Also, there are different other statutes and laws prohibiting employers from showing prejudice and using illegitimate reasons to terminate employees. ## Wrongful Termination: What Should You Do? If you have been fired due to illegitimate reason by your employer, here are some tips you must follow to protect your position: - If you take legal action, hire a wrongful termination lawyer for advice and representation. - Evaluate your employment contract and learn the reason for your termination, along with the personnel who were responsible. - Request all documents pertaining to your termination in writing and request a severance package. - To avoid providing them with a valid reason for your termination, return all company assets and adhere to common post-employment procedures. - Under no circumstances, do not allow yourself to get intimidated. Do not make threats or act on any negative instincts against your employer. Those actions can be used against you in court. ## What Are Your Rights? If you have been fired or laid off and believe the reason was illegal or goes against the contractual agreement between you and your employer, you are legally entitled to pursue a claim for wrongful termination by hiring an experienced [wrongful termination lawyer](https://chicagolegalcounsel.com/retaliatory-discharge). They will help you understand your rights and help you make an informed decision. There are several legal remedies that may help you seek justice and recover damages. In case your name has not been officially released from the company, your wrongful termination lawyer may try to negotiate a severance package that contains adequate compensation. If things do not crystallize, your attorney will formulate a strong case in your favor, ensuring you are able to obtain the maximum amount of compensation. If you want to know more about wrongful termination or schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced wrongful termination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Protection Against Whistleblower Termination](https://chicagolegalcounsel.com/protection-against-whistleblower-termination/) **Published:** May 8, 2019 **Author:** msaawe **Content:** ## Who is a Whistleblower? A whistleblower is an individual who voluntarily discloses the misconduct and wrongdoing of their employer to the public. A whistleblower is usually a person of authority who willingly discloses illegal operations and misconduct of his/her employer in both private and public sector companies. In the U.S., whistleblowers are protected under the [Whistleblower Protection Act of 1989](https://www.congress.gov/bill/101st-congress/senate-bill/20/text?q=%7B%22search%22%3A%5B%22%5C%22whistleblower+protection+act%5C%22%22%5D%7D&r=34). However, each state has its own protection laws for protecting whistleblowers. Speak to a highly [skilled employment attorney](https://chicagolegalcounsel.com/our-team) to help you against whistleblower termination. Some misconducts might include a drastic violation of company policy, illegal practices, fraud, corruption and many other dishonest activities. Whistleblowers face strict legal action apart from social stigma, termination from work and other dangerous consequences. This is why certain laws exist, which protects the rights of whistleblowers. ## Understanding Termination as a Form of Retaliation Companies use [termination as the first form of retaliation against a whistleblower](https://www.workplacefairness.org/at-will-employment). Employers will take action to reprimand and punish any future whistleblowers from coming forward as an intimidation practice. The rights of a whistleblower are protected under [The Illinois Whistleblower Act.](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57) This law makes it unlawful for any employer to retaliate and terminate an employee if they report any illegal misconduct of the company. Although the Whistleblower Act does not include protection from governmental entities, the Act does cover any termination, wage reduction, demotion, refusal for promised promotions in future and write-ups. It also empowers whistleblower employees to cooperate in any ongoing investigations against their employer for unlawful operations and activities. However, the whistleblower must have strong evidence of misconducts and illegal operations of their employer. If the employer is found to be in violation of any part of the Whistleblower Act, then the company and its owners may be liable to the employee in a civil suit. According to the Whistleblower Act, any employer found guilty of misconduct and illegal activities may be liable to the employee for injunctive relief. Sometimes this injunctive relief equates to twice the amount owed back to the terminated employee. ## How to file a Complaint If a Whistleblower is Terminated? To file a complaint successfully, the identity of the whistleblower must be kept confidential, unless circumstances require the disclosure of his/her identity by law. For state employees, if they want to disclose or threaten to disclose any unlawful activity, they have to contact the right authorities for protection. Speak to an [experienced employment attorney](https://chicagolegalcounsel.com/employment-discrimination) if you have been terminated for whistleblowing. You will receive protection against the [State Officials and Employees Ethics Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=000504300HArt%2E+15&ActID=2529&ChapterID=2&SeqStart=2400000&SeqEnd=3100000) if you choose to file a complaint against termination. If you want to know more about things to remember when hiring a lawyer or want to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced whistleblower termination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Protection Against Wrongful Termination in Illinois](https://chicagolegalcounsel.com/protection-against-wrongful-termination-in-illinois/) **Published:** May 22, 2019 **Author:** msaawe **Content:** ## At-Will Employment in Illinois Illinois is an At-Will employment state, which means employers hold the right to terminate an employee for any reason at any time. If you are working with your employer under a contract, then the terms and conditions of the contract will determine if your employer can terminate you or not. In the absence of any mutual contract between employee and employer in Illinois would indicate you are working as an “at-will employee.” This designates that your employer can fire you at any time for any given reason they seem, fit as long as it’s not illegal under the federal and state laws. ## What if You are Wrongfully Terminated? Wrongful termination laws protect employees by providing employers with a set of rules and standards to follow when they decide to fire an employee. There are federal and state laws that indicate when it is permissible to terminate an employee. Employers are not allowed to terminate an employee based on: 1. Religious beliefs and practices 2. Sexual orientation 3. Gender 4. Ethnicity 5. Nation of origin 6. Discrimination based on personal beliefs and opinions Termination based on the aforementioned reasons, or any other form of discrimination, is termed as illegal or wrongful termination. If you believe you have been wrongfully terminated, speaking to a [skilled employment attorney](https://chicagolegalcounsel.com/employment-discrimination) will help challenge your unlawful termination. ## Assessing the Claims for Wrongful Termination An experienced employment attorney will help review your case of wrongful termination in detail and assess the various circumstances of any perceived [retaliation or discrimination](https://www2.illinois.gov/dhr/Pages/default.aspx). The assessment will help identify the different reasons that led to your unlawful termination. In this regard, it is essential to collect any relevant paperwork that can be used as proof of employment. Retain any memos, emails and other document forms to prove an unlawful termination. While assessing the termination, it is essential to take a look at: 1. Violation of company rules and policy 2. Misuse of organizational assets for your own personal use 3. The lawyer will check if you were a part of any workplace disturbances 4. Did the company fire you because of your race, gender, sexual orientation, or ethnic background 5. Absenteeism on your part or uninformed leaves 6. Insubordination 7. Poor job performance If you are not guilty of any of the misconducts mentioned above, but still were fired while you were in a contract, then it’s essential to fight your [unlawful termination.](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K2-102) If you want to know more about things to remember when hiring a lawyer, or want to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Preventing Pregnancy Discrimination](https://chicagolegalcounsel.com/preventing-pregnancy-discrimination/) **Published:** June 5, 2019 **Author:** msaawe **Content:** Pregnancy discrimination claims in the workplace are growing each day. As a result of this rising unfortunate trend, employers are facing exposure and liability. In 2018, about [2,790 pregnancy discrimination cases](https://www.eeoc.gov/eeoc/statistics/enforcement/pregnancy_new.cfm) were filed with the Equal Employment Opportunity Commission. An employer must take necessary steps to prevent pregnancy discrimination at workplace. Let us take a closer look at pregnancy discrimination and take some preventive measures to reduce this form of discrimination. ## What Is Pregnancy Discrimination? According to the U.S. Equal Employment Opportunity Commission, [pregnancy discrimination](https://www.eeoc.gov/laws/types/pregnancy.cfm) includes any action that results in treating a woman, whether a potential job applicant or an employee, unfavorably due to her pregnancy, or any other pregnancy-related medical condition associated with childbirth. The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. ## How to Prevent Pregnancy Discrimination [The Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt%2E+2&ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000) has put a ban on pregnancy discrimination, childbirth and any other medical condition associated with childbirth and pregnancy. The Act covers any organization that employs more than 15 staff members. Companies are required by law to treat pregnant women like any other employee. Companies should take the following steps to prevent pregnancy discrimination in the workplace. ## Instill best Practices of Equality Within the Workplace Pregnancy discrimination can be prevented by instilling the best practices of tolerance and equality within the workplace. These best practices include training managers and other employees about the law related to pregnancy discrimination. You can speak with a proficient [attorney with years of professional experience](https://chicagolegalcounsel.com/retaliatory-discharge) in dealing with pregnancy discrimination cases. ## Prompt Management Response Against Discrimination Complaint If you receive a complaint from your female employee about any kind of discrimination related to her pregnancy or childbirth within the workplace, management must have a policy to take swift action. Assist the discrimination employee and evaluate every aspect of the incident. A thorough investigation is essential. ## Do Not Make Unnecessary Work Accommodations Another essential step that could prevent discrimination against pregnant women is to not make any work-related accommodations the employee did not wish or did not request. If an employee makes a request, then the employer can provide minor accommodations, like allowing her a few minutes off work to breastfeed or any other requests that would make it easier for her to work during pregnancy and after childbirth. If you want to know more about pregnancy discrimination or require legal assistance in any other employment issue, schedule a free consultation with us; contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [When an Employer Talks to an Employee’s Family About Workplace Matters](https://chicagolegalcounsel.com/when-an-employer-talks-to-an-employees-family-about-workplace-matters/) **Published:** June 20, 2019 **Author:** msaawe **Content:** Workplace confidentiality is essential. Generally, employees are warned about disclosing any information related to the company or the nature of their work. Employers have issued warnings to employees, urging them to refrain from disclosing trade secrets to anyone, including their family members. ## Invasion of Privacy by Employer However, what happens when an employer shares trade secrets or speaks to an employee’s family members about the company and the employee’s personal matters? The [Illinois Right to Privacy in the Workplace Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2398&ChapterID=68) determines an employer must refrain from disclosing personal or work-related information related to an employee with anyone. The Act prevents an employer from disclosing any information about an employee to their family members. If an employer is found sharing [any biometric information](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082000550K12) and discussing workplace matters of an employee with family members of that particular employee, then this shall be considered an infringement of the privacy policy. Similarly, if a former employer is providing personal or misleading information to your family or your current employer, you can talk to an [experienced employment attorney](https://chicagolegalcounsel.com/) to sue your former employer for violation of the privacy laws. ## New Amendments in Privacy Laws in Illinois The new amendments in Illinois Right to Privacy in the Workplace Act (IRPWA) have expanded to restrict employers from soliciting information, such as usernames and passwords, to get access to an employee’s social media or email accounts. An employer cannot use biometric information to gain access to any online account of an employee. Similarly, contacting a family member online and sharing work-related information with the family of an employee is illegal and considered a violation of the privacy act. It will be unlawful if an employer eavesdrops on their employees through [surveillance like audio and video recording](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2395&ChapterID=68). Sharing such sensitive information with anyone including the family of an employee is a criminal offense. ## Role of the HR Department If an employee complains to an HR department about the employer’s alleged information sharing with the employee’s family, the HR department should decide to reprimand the employer for privacy policy infringement. To be on the safe side, hire a [skilled employment attorney](https://chicagolegalcounsel.com/) who understands the legal and professional requirements of a privacy violation case. An employer will be in breach of the privacy policy if he/she is allegedly sharing or soliciting any personal information with the family members of that particular employee, which includes but is not limited to the following: 1. Financial information 2. Personal information 3. Work-related matters 4. Bio-metric information 5. Medical information Any infringement will result in a lawsuit against the employer; [an experienced attorney](https://chicagolegalcounsel.com/) will decide how to move your case forward. If you want to know more about employee privacy laws or require legal assistance in any other employment issue, schedule a free consultation with us; contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Examples of Employer Retaliation](https://chicagolegalcounsel.com/examples-of-employer-retaliation/) **Published:** July 8, 2019 **Author:** msaawe **Content:** Retaliation in the workplace occurs when an employee makes a complaint regarding malpractices, discrimination – or if an employee is accused of [whistleblowing](https://chicagolegalcounsel.com/). In any case, the employer is not required to retaliate. However, if an employee is punished and reprimanded by the employer for highlighting malpractices, discrimination or any other unethical or illegal activity of the employer and as a result, the employee is demoted or terminated, then these actions would be considered as retaliatory measures. Some of the most common examples of employer retaliation are below. ### **Demotion** When a company demotes an employee for a complaint regarding discrimination, sexual harassment or any other complaint, it is a classic example of employer retaliation. Demoting an employee for a valid complain is unethical and illegal. If you believe you are a victim of employer retaliation, you should immediately talk about the incident with [a skilled employment discrimination lawyer](https://chicagolegalcounsel.com/) to find your best solution. ### **Reassignment of an Employee** In the aftermath of a whistle-blowing incident, or any other situation where an employee complains about the employer, chances are high the employee might find themselves reassigned. The sudden, unexpected reassignment is usually less than the employee’s capabilities. To make things worse, superiors can force an employee to work with limited resources. All these retaliatory measures are deemed [unethical and unlawful by Occupational Safety and Health Administration OSHA.](https://www.osha.gov/Publications/OSHA3905.pdf) ### **Preventing a Promotion** [Employer retaliation](https://chicagolegalcounsel.com/blog/2017/12/faqs-about-retaliatory-discharge-in-illinois/) includes preventing a promotion of an employee, despite knowing the fact this particular employee will excel in the new position. The supervisor and senior management are instructed to provide a negative performance review. The performance review is a permanent part of employment records, which negatively reflects the overall performance. Also, a supervisor may provide a negative recommendation if the employee seeks a better position at the company. Actions like these require you to speak with an [experienced retaliatory discharge attorney](https://chicagolegalcounsel.com/retaliatory-discharge/) and seek assistance in suing your employer. ### **Intimidation and Coercion** One of the worst forms of employer retaliation is intimidating and coercing an employee. Making verbal or any other visible threats to an employee is a crime and it’s essential for you to discuss your workplace intimidation and coercion with a [skilled retaliatory discharge attorney.](https://chicagolegalcounsel.com/retaliatory-discharge/) If you feel you are a victim of retaliatory discharge for highlighting any malpractice of your company, seeking an attorney to settle the matter is the best option. If you want to know more about retaliatory discharge or schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced wrongful termination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Are Employment Agreements Important?](https://chicagolegalcounsel.com/are-employment-agreements-important/) **Published:** July 18, 2019 **Author:** msaawe **Content:** ### **What is an Employee Agreement?** An employment contract is an agreement based on the business relationship established between an employee and an employer, in accordance with the [Employment Contract Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2389&ChapterID=68) under the Illinois labor law. Under the Employment Contract Act, an employee agrees to work for an employer in return for timely wage payments and other benefits. ### **Why is an Employment Agreement Necessary?** Employee contracts or agreements are an essential part of any workplace. It determines the number of hours an employee is required to work. The contract includes crucial information such as conditions for termination, settling payments, job description and other different elements of a job. Many employees do not work under a contract, which indicates they agree to perform the duties mentioned in the job description under an implied employment agreement. The Federal Government and the state predetermine most of the terms and conditions for an implied agreement also known as the Common Law. If you are unsure what to include in an employment contract, [a skilled employment law attorney](https://chicagolegalcounsel.com/) will help compile a contract for your employees. ### **Hiring a Highly Skilled Employee** There are certain jobs that require particular expertise and skill that makes them a rare find in the job market. For such highly skilled, difficult to replace employees, it’s essential to have a written employment agreement. Employers must provide an employee with an employment agreement that clearly explains: 1\. Working conditions 2\. Time and work duration for each day 3\. Wages and benefits 4\. The period of wage payment 5\. Provisions to be followed in case of termination ### **Protecting Confidential Information** An employment agreement will be necessary if the company has some sensitive information accessible to employees. Agreements with employees help companies protect their trade secrets and other classified sensitive information. However, the [Whistleblower Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57) in Illinois does provide protection against employer retaliation against an employee. Corporate espionage and data theft are serious crimes that could land the culprit in jail. An employment agreement will include the terms and conditions related to termination and possible action if an employee is caught sharing classified company information with a third party. If you want to know more about employment contracts, retaliatory discharge, or any other employment law issue, don’t hesitate to schedule a free consultation. Contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) to talk with an experienced wrongful termination lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Top FMLA Qualifying Events](https://chicagolegalcounsel.com/top-fmla-qualifying-events/) **Published:** July 31, 2019 **Author:** msaawe **Content:** If your organization is covered under the Family and Medical Leave Act or FMLA, eligible employees can avail up to 12 weeks of job-protected, but unpaid leave under an FMLA qualifying event. There are different FMLA qualifying events, which make an employee eligible for leaves. ### Serious Medical Condition When an employee working for a company that is covered under the [terms and conditions of the FMLA](https://www2.illinois.gov/cms/benefits/StateEmployee/Documents/FY2017_State_Handbook.pdf) is seriously ill, that employee is qualified for leave under FMLA events. Broken or severely fractured bones, a serious illness that requires bed rest, epilepsy and recovering from surgery are some categories that limit an employee’s ability to perform to the best of their capabilities. ### Serious Medical Condition of an Immediate Family Member Another major qualifying event for FMLA is the serious health condition of an immediate family member. The conditions are pretty much the same for family members as they are for employees. If your immediate family member has a serious health condition and they require care, as a qualifying employee, you are entitled to leave under FMLA. In such scenarios, you can also discuss your FMLA leaves case with an [experienced employment attorney](https://chicagolegalcounsel.com/) to know more about paid and unpaid leaves. Immediate family members include parents, children, spouse and grandparents. In-laws are not included in the FMLA leaves allotment event. In some states, same-sex partners are not covered under the FMLA, however, other states with additional legislation can avail leaves. ### Birth of a Child or Adoption Placement Procedure Depending on the scenario, if you have been expecting the birth of your child, women are entitled to maternity leaves under the FMLA. Paternal leaves are allotted to fathers who wish to take care of their partner and newborn. Similarly, due to any personal circumstances, if the employee is willing to give up their child for adoption placement, they are entitled to leaves under FMLA guidelines. If both parents are employed by the same company, then the company may request the [employees to share their FMLA leaves.](https://hr.illinoisstate.edu/downloads/Benefits_WEB_FMLA_Employee.pdf) All employees are covered under FMLA for any assigned unpaid or paid leaves. If you want to know more about FMLA qualifying events, make sure to schedule a free consultation by contacting the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) at [(847) 450-1103](tel:8474501103) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Does At-Will Employment Apply to Wrongful Termination?](https://chicagolegalcounsel.com/how-does-at-will-employment-apply-to-wrongful-termination/) **Published:** August 14, 2019 **Author:** msaawe **Content:** [At-will employment rule](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2389&ChapterID=68) is a law in Illinois which indicates an employer can fire any employee for any given reason at any given time. However, if an employee is terminated for illegal reasons such as retaliation and discrimination, such termination will be considered as wrongful. By law, wrongful termination of an employee is a violation of their state and federal rights. Firing an employee based on gender, religious, sexual orientation and ethnicity will not be considered as at-will employment and it will instead be considered as wrongful termination. **Assessment of Claims Against Wrongful Termination** We have already explained the [exceptions related to at-will employment in Illinois](https://via.library.depaul.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2309&context=law-review). In some instances, at-will employment will be applied as wrongful if there is proof of discrimination, retaliation or both. Violation of employment laws in Illinois can have severe repercussions for the employer. It’s essential for an employer to follow the necessary stipulations when they are willing to terminate an employee. If you feel you were wrongfully terminated by your employer under the at-will employment clause, you have the right to discuss your case with a [competent employment attorney](https://chicagolegalcounsel.com/). To perform an assessment, you and your attorney must prove your employer wrongfully terminated you under the impression of at-will employment law. You have to provide evidence related to the following: · Breach of contract by the employer · Proving discrimination · Proving retaliation for reporting illegal or unethical practices of the organization To start with, you will be required to collect and share evidence regarding your breach of contract. If you and your employer have undergone an employment contract, which states your termination grounds, you can hold the employer responsible for wrongful termination on breach of contract grounds. Also, if you were fired based on discrimination, then the employer might have to face strict ramifications for such termination under at-will employment law. In another situation, if you have witnessed your employer’s illegal or unethical practices and you were terminated for disclosing the illicit activities, you have the right to sue your employer for damages under wrongful termination. If you want to know more about at-will employment law or wrongful termination in Illinois, make sure to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Navigating Employment Discrimination](https://chicagolegalcounsel.com/navigating-employment-discrimination/) **Published:** August 28, 2019 **Author:** msaawe **Content:** Even in 2019, employment discrimination is a subject of concern across many workplaces in the country. The issue of minimum wage, hiring people of certain race or ethnicity, forcefully asking employees to work under hostile environment or refusing to promote individuals because of personal enmity are some examples of employment discrimination. In such conditions, knowing your rights can help you overcome discrimination at the workplace and provide for a safe working environment. ### **Stay Aware of Your Rights** [Employment discrimination laws](https://www.law.cornell.edu/wex/employment_discrimination) prevent employers from rejecting individuals based upon their age, race, religion, ethnicity or sexual orientation. It also involves unlawful termination, promotions, or providing work that may lead to harassment. Because discrimination can result in individuals getting deprived of their property or liberty, there are various laws to support employees in the workplace. The Equal Pay Act helps every individual receive modest pay and a job – based on their skills, responsibilities and effort. It also holds true for pregnancy-based discrimination where employers refuse to provide working conditions, lawful promotions and equal pay to pregnant women. Title VII of the Civil Rights Act of 1964 prohibits employers and unions from providing employment based upon race, religion, sex, disability or national origin. Likewise, The Age Discrimination in Employment Act (ADEA) ensures there is no discrimination based upon the age of an individual and provides guidelines on how pension and retirement plans are managed. Lastly, the Equal Employment Opportunity Commission (EEOC) continues to monitor and enforce federal laws, which help employees in Illinois and other states work with dignity and respect. ### **Educate Yourself about Discrimination** In an event of employment discrimination, it is important to stay aware of laws that help protect you and your peers. The [Illinois Department of Human Rights](https://www2.illinois.gov/dhr/Pages/default.aspx) provides a variety of resources on how to identify any discrimination happening to you or your peers. You can also consult a [skilled employment attorney](https://chicagolegalcounsel.com/) to increase your knowledge, highlight any issues you saw at your workplace, or lodge a formal complaint or legal filling of discrimination in accordance with the Illinois Human Rights Act. A discrimination charge can be filed within 300 days of the date of alleged discrimination. ### **Pay Attention to Actions** As an employee, it is important to stay aware of any discrimination taking place around you. Look for policies your workplace follows. Any discrimination and deviations should immediately be reported. Before implicating anyone for discrimination, know the background information and try to mediate the issue on a prompt basis. If you want to know more about employment discrimination, make sure to schedule a free consultation by contacting the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Federal Employee Discrimination](https://chicagolegalcounsel.com/federal-employee-discrimination/) **Published:** September 12, 2019 **Author:** msaawe **Content:** Employment discrimination is as prevalent in the public sector as it is in the private sector. To ensure federal employees and private citizens are not subject to employment discrimination by federal agencies, the Equal Employment Opportunity Commission (EEOC) strives hard to enforce federal laws and provide for a robust discrimination reporting process. ### Defining Federal Employment Discrimination The Office of Special Counsel (OSC) and the Equal Employment Opportunity Commission (EEOC) ensure any employee who has the power to make decisions or take direct action is not violating federal discrimination laws. They define [federal employment discrimination](https://www.ftc.gov/site-information/no-fear-act/protections-against-discrimination) as refusing a job to an applicant based on their race, color, sex, religion, political affiliation or marital status. They are also prohibited from coercing an employee, deceiving them, intimidate or influence anyone to withdraw from competitive practices, engage in any form of nepotism, retaliate against individuals who exercise their legal rights and disclose legal information, temper on the job performance reports, and discriminate against veterans. Moreover, individuals should ensure a safe working environment for all federal employees. ### Filling a Complain As a federal employee, if you think you are provided with unfair assignments and distribution of work, are rejected a lawful raise or bonus, were subject to harassment, are forced to work under hostile environment, or are subject to unfavorable transfers, you should file a complaint with [the Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm) and take legal action against discriminators. The first step includes contacting your nearest EEO Counselor and seeking a mediation program. If the mediation fails, a formal request should be filed within 15 days of receiving notice on how to file. The agency usually takes 180 days to investigate the matter and provide a report considering if the discrimination occurred. It is possible to appeal the decision and request a formal hearing against the case. The Illinois Department of Human Rights can also be contacted to officially file a discrimination charge. Additionally, you can seek support from a [skilled federal employment attorney](https://chicagolegalcounsel.com/) who can guide you through the appeals process and file a lawsuit within the prescribed timeframe. ### Preventing Discrimination It is important to educate employees on the need to respect the difference in opinions and practices and to seek proper evidence before implicating individuals for inappropriate behavior. All federal agencies should train their supervisors and managers on how to respond and prevent discrimination, while human resource policies should provide all employees with a small brief that helps educate all. It is important to deal with all complaints confidentially. If you want to know more about federal employment discrimination or wrongful termination in Illinois, make sure to schedule a free consultation, contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Proving A Retaliatory Discharge](https://chicagolegalcounsel.com/proving-a-retaliatory-discharge/) **Published:** September 27, 2019 **Author:** msaawe **Content:** Retaliatory discharge of an employee without legitimate grounds to dismiss is a form of wrongful termination. An employer may act in retaliatory discharge due to revenge when an employee refuses to carry out a task that is either illegal or may go against general norms of the workplace. According to [the Illinois Workers Compensation Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68) and [the Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64), it is unlawful for an employer to engage in retaliatory discharge if an employee is exercising their legal rights. Retaliatory discharge is unlawful when an employee commits to following: - Employee refusing to follow orders leading to a criminal offense or discrimination, - Employees joining union activities, - Employees seeking workers compensation, - Employee testifying to seek worker compensation on behalf of others, - Employees acting as whistleblowers. If an employee acts as a whistleblower, they receive special protection under [the Illinois Whistleblower Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57). Although the employee’s suspicion does not need to be true, it is still important to disclose all suspected violations to government agencies. Employers are also prohibited from adopting policies that threaten employees from engaging in whistleblowing activities. An employee cannot discharge an employee for cooperating with a government agency or testify in a proceeding under Illinois’ Safety Inspection and Education Act. **Filling a Retaliatory Discharge Claims** An employee can officially seek an inquiry by filing a claim with [the U.S. Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/laws/guidance/retaliation-qa.cfm) and with the [U.S. Department of Labor](https://www.whistleblowers.gov/) within 30 days of illegal retaliation. An employer cannot retaliate against an employee for participating in an EEOC claim. However, retaliation due to legitimate poor performance, criminal offense, or holding toxic or illegal substances at work provides no protection. An employee can [consult a competent Employment Law Attorney](https://chicagolegalcounsel.com/) to manage claims and proceedings, or file lawsuit against an employer for compensation, damages or rehire. **Proving a Retaliatory Discharge Claims** An employee will be required to provide written, circumstantial and direct evidence proving: - An unlawful termination or discrimination happened, - An employee engaged in a protected activity or inquiry, - Ability to establish an unlawful punishment happened, If all claims against an employer hold true, an employer can be asked to pay basic pay, worker compensation, future wages as punitive damages and any legal attorney fees. If you want to know more about retaliatory discharge and proving your claims, make sure to schedule a free consultation by contacting the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Reasons for Wrongful Termination](https://chicagolegalcounsel.com/reasons-for-wrongful-termination/) **Published:** October 10, 2019 **Author:** msaawe **Content:** Being wrongfully terminated can be more painful than losing a job due to a recession. The wrong termination can happen due to dissemination, refusing to be part of a criminal offense, acting as a whistleblower, or when an employee adheres to public policy. In all cases, an employee receives protection and they should file a charge against their employer, seek damages, or even be reinstatement to their old or a better position. The following are some reasons that should be carefully assessed before a charge for wrongful termination is filled with [the Illinois Department of Human Rights](https://www2.illinois.gov/dhr/FilingaCharge/Pages/Employment.aspx). Under circumstances of wrongful termination, or when an employee seeks whistleblower protection under state and federal laws, consulting a [competent employment law attorney](https://chicagolegalcounsel.com/) can help file charges with the Illinois Department of Human Rights or [the Illinois Department of Labor](https://www2.illinois.gov/idol/Pages/Complaints.aspx). ### Acting as a Whistleblower An employee acts as a whistleblower if they observed illegal activities and decided to share it with government agencies. An employee is forbidden to discharge or fire an employee if they are part of a criminal investigation or act to corporate in matters of public policy. Whistleblowers are protected under [the Whistleblower Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57), and a legal change can be filed against an employer. ### Wrongful Discharge due to Discrimination Workplace discrimination due to sex, age, race, color, ethnicity, gender, political opinions, physical or mental disability is still common. An employee can file a complaint with [the Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/employees/charge.cfm) and require compensation for job loss or damage to reputations. After a claim is filed, an employer is not allowed to harass an employee or threaten them into forceful submission, or seek reversal of charges under influence. ### Violation of Contract Although in most states, employees are hired as “at-will” and can be discharged without a formal notice or reason, an employer cannot layoff an employee if a contract was previously signed prohibiting wrongful termination. A termination apart from any of the causes defined in such a contract is defined as wrongful termination. Even if there was no formal contract, an employer must define a cause of termination if a charge or lawsuit is filed against them. ### Dismissal Due to Fraud If an employee made promises and commitments during their recruitment process, failed to fulfill them, and sought an employee to resign for seeking their fulfillment, it can be grounds for fraud. Wrongful termination, because an employee sought compensation, or relied on previous promises and representations for fulfilment of job, are legal grounds for complaint. If you want to know more wrongful termination and wish to file a legal complain, make sure to schedule a free consultation by contacting the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Filling Disability Discrimination Claim with the Equal Employment Opportunity Commission](https://chicagolegalcounsel.com/filling-disability-discrimination-claim-with-the-equal-employment-opportunity-commission/) **Published:** October 31, 2019 **Author:** msaawe **Content:** Due to unfortunate events and accidents, individuals might undergo temporary or permanent disability. It may lead them to an inability to perform certain tasks, making it difficult for employees to rejoin their previous position or job. Disability discrimination occurs when an employee is not provided the opportunity to rejoin the workplace with the same dignity and job, or an employer refuses to provide an employee with an environment that allows for normal work. It is strictly prohibited under both the [Illinois Human Rights Act](http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt%2E+1&ActID=2266&ChapterID=64&SeqStart=100000&SeqEnd=600000) and the U.S. Equal Employment Opportunity Commission guidelines. ### Examples of Disability Discrimination There are a variety of legal cases that provide examples of how disability discrimination can be understood. These examples help assess the need to file a claim with [the U.S. Equal Employment Opportunity Commission](https://www.eeoc.gov/laws/types/disability.cfm) if discrimination arises. · Dismissal of an employee due to a recent disability-related absence, · Dismissal due to an inability to rejoin the workplace on the same job, or rejecting employees to undergo redeployment interviews, · Inability to provide effective accommodation, interpreter, or wheelchair support, · Inability of an employer to provide a disabled person with effective redeployment opportunities, · Verbal abuse, offensive remarks and negative feedback for the inability to perform a job, · Refusal to pay fair pay, bonus, or overtime to an employee with a disability. The Human Rights Act and the Rehabilitation Act prohibit employers from disseminating when employee compensation, training, job, benefits and assignments are involved. Additionally, employers cannot disseminate an employee whose spouse or relative is going through a disability that includes both physical and psychological. ### Filling a Disability Discrimination Claim [An Americans with Disabilities Act (ADA) complaint](https://www.ada.gov/filing_complaint.htm) can be filed with the Disability Rights Section (DRS) in the Department of Justice, [the Illinois Department of Human Rights (IDHR)](https://www2.illinois.gov/dhr/FilingaCharge/Pages/default.aspx), or the U.S. Equal Employment Opportunity Commission. After review of the complaint, an arbitrator, or an attorney can be assigned to act upon the complaint and seek damages for dissemination. Alternatively, [an expert employment law attorney](https://chicagolegalcounsel.com/) can be sought to file a discrimination claim and provide legal support in this process. It may take up to 10 months for EEOC to review the complaint through a mediation and investigation process before a verdict is given. If you want to know more about disability dissemination, make sure to schedule a free consultation by contacting the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Filling a Whistleblower Termination and Retaliatory Claims](https://chicagolegalcounsel.com/filling-a-whistleblower-termination-and-retaliatory-claims/) **Published:** November 21, 2019 **Author:** msaawe **Content:** A whistleblower is an individual who either anonymously, or in-person, brings forward confidential information that might cause harm to public or customers. The act of whistleblowing is largely protected in Illinois under [the Illinois Whistleblower Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57) providing employees with protection against wrongful termination and harassment. ## **Whistleblower Protection** Apart from the Illinois Whistleblower Act, there is also protection provided by OSHA to employees. [The OSHA’s Whistleblower Protection Program](https://www.whistleblowers.gov/) combines a variety of state and federal laws to ensure employees feel safe while disclosing violations at both public and private organizations. The OSHA’s Whistleblower Protection Program and [Whistleblower Protection Enhancement Act (WPEA)](https://www.cpsc.gov/About-CPSC/Inspector-General/Whistleblower-Protection-Act-WPA) also provide support against retaliation when supervisors and managers retaliate against employees who engage in protected activities. Some retaliatory actions include: · Failing to provide and denying benefits, fair pay and bonus to whistleblowers and employees, · Making threats, passing verbal comments and blacklisting employees for coming forward, · Intimidating, harassing, mocking employees, · Refusing entry, laying off without cause and restricting access to work. ## **Filing Retaliation and Whistleblower protection Claims** An employee can file a relational and whistleblower claim within five (5) years of the incident. The lawsuit needs to be filed through appropriate court. A whistleblower should seek support from [an expert employment law attorney](https://chicagolegalcounsel.com/) to ensure evidence is gathered and presented for claims processing. It is illegal to fire, harass, or discriminate against a whistleblower during the lawsuit. Federal employees who come forward to become part of an ongoing investigation, or refuse to be part of an activity that may cause harm to public interest are protected in Illinois under [the State Officials and Employees Ethics Act](https://www2.illinois.gov/services/OEIG/whistleblower-protection). A whistleblower termination claim can result in the recovery of litigation costs, back pay, or reinstatement of an employee. However, if an employee in any manner broke the law to gather evidence, or disclose information, their claim might get rejected. The Occupational Safety and Health Act section 11(c) can be sought to file whistleblower complaints against termination. A complaint can be filed within 30 days to 180 days, depending on the industry and statute sought. A whistleblower who’s been termination can communicate to OSHA by coming in person, send an email, or send a fax to file a complaint in any language, after which interviews and investigations start. If you want to know more about whistleblower termination claims, make sure to schedule a free consultation by contacting the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) to talk with an experienced employment lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Discrimination and Holiday Bonuses in Illinois – What You Should Know](https://chicagolegalcounsel.com/discrimination-and-holiday-bonuses-in-illinois-what-you-should-know/) **Published:** December 6, 2019 **Author:** msaawe **Content:** Even though workplace discrimination is disappearing in the U.S., many people must still contend with its sting. You may be afraid to come forward because of a stubborn manager, but the good news is you can assert your legal rights without fear of getting fired from your job. Even though Illinois has strict [wage and hour laws](https://employment.findlaw.com/wages-and-benefits/wage-and-hour-laws.html), certain rules protect a worker’s right to pay, hours worked and holiday bonuses – irrespective of their gender, health status, religion, or ethnicity. However, before hiring an attorney, make sure you understand the following facts. ### Employers Don’t Have to Pay You Overtime for Holidays There are 14 legally recognized bank holidays in the state of Illinois, with 10 being federal holidays. If one falls on a Sunday, it must be observed the following Monday, but not if it falls on a Saturday. Currently, there are no federal or state policies in place that require these holidays to be treated as paid or unpaid time off work. In other words, employers don’t need to pay their employees extra for working on those days or give them the day off. ### Employers Can Be Held Accountable for Workplace Discrimination According to the [Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt%2E+1&ActID=2266&ChapterID=64&SeqStart=100000&SeqEnd=600000), employers can be held accountable for practices that discriminate against: – Religion – Gender – Criminal record – Age (40+) – Sexual harassment during employment – Sexual orientation – Pregnancy – Marital status – Physical and mental state – Military status – Race or color To take an employer to task for discrimination, you need to file a complaint with the Illinois Department of Human Rights within 180 days of the discriminatory act. An attorney will ensure you get the compensation you deserve. ### Overtime Bonuses Are Mandatory in Some Cases When you work for more than 40 hours a week, your employer should consider those [extra hours](https://statelaws.findlaw.com/illinois-law/illinois-overtime-laws.html) as overtime and pay you accordingly. These are usually highly paid workers and they must collect the amount due to them in three (3) years or forfeit it. Any employer who has more than one employee must pay their employees overtime. Plus, under the Fair Labor Standards Act, executives, administrators and those who don’t work directly with the business are not entitled to overtime unless they are paid more than $455 a week. ### Get the Compensation and Bonuses You Deserve by Working with Joshua McCann For more than three decades, the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) has been working tirelessly to help discriminated employees in Schaumburg and across Illinois. We can help you understand your legal rights and the steps you can take to file a lawsuit. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Why Employers Cannot Discriminate Against a Pregnant Employee in Illinois](https://chicagolegalcounsel.com/why-employers-cannot-discriminate-against-a-pregnant-employee-in-illinois/) **Published:** December 19, 2019 **Author:** msaawe **Content:** When you are expecting a baby (or babies) and suffering from daily morning sickness, the last thing you want to hear is your employer saying you cannot take days off. This is where the Illinois Pregnancy Accommodation Law can protect you. According to the law, it is [illegal](https://babygate.abetterbalance.org/illinois/) for an employer who has 15 or more employees to treat an employee unfairly because they are pregnant. This law was a godsend for employed and expecting mothers who had to force themselves to come to work or were fired – even though reasonable accommodations were possible. Today, this is a civil rights violation in the state of Illinois, regardless if they work full-time, part-time, or are on probation. Under the [Public Act 98-1050](http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1050&GA=98), employers: – Must accommodate a pregnant employee unless it can result in hardship; – Cannot block pregnant employees from benefits and employment opportunities or act against an employee or applicant who asks them to accommodate her; – Cannot force a pregnant employee to accept an accommodation they did not ask for; – Cannot refuse to reinstate a pregnant employee to her original position or an equivalent one for the same pay when she returns from leaves unless he/she can prove it can prevent hardship for the company. The first thing you need to do is to request for reasonable accommodations from your employer when you are pregnant or suffer from medical conditions, resulting from pregnancy. The only way your request can be denied is if the employer can prove granting the accommodation can result in undue hardship for the business. To prove this, they must determine the cost and nature of the request, the financial resources they currently have, the number of employees they have, and the nature of the work the business is involved in. If the request can be reasonably accommodated, the employer must grant it or face disciplinary action or a lawsuit from the pregnant employee. Some of these accommodations can include: – Longer lunch breaks; – Frequent bathroom and water breaks; – Comfortable seating; – Transfer to a less stressful area; – Time off to recover from the pregnancy; – A modified work schedule; – Work assistance, such as for manual labor. ### How the Law Offices of Joshua D. McCann, LTD Can Help If you are looking for a lawyer in Schaumburg, Illinois, who can clarify the pregnancy laws in the state and represent you in the court against an unaccommodating employer, the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) can help. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What the Illinois Department of Human Rights Can and Cannot Do for a Discriminated Employee](https://chicagolegalcounsel.com/what-the-illinois-department-of-human-rights-can-and-cannot-do-for-a-discriminated-employee/) **Published:** January 10, 2020 **Author:** msaawe **Content:** Workplace discrimination can not only take a toll on your self-confidence, but it can block access to opportunities, which can otherwise improve your career aspects. In Illinois, such actions are illegal, especially if they compromise the safety and wellbeing of a protected class. For example, employers cannot discriminate on the basis of race, color, ethnicity, marital and citizen status, sex, disability, age, country of origin, gender identity, criminal record, location of residence, and lack of a mailing address (in case the employee lives in a shelter). Additionally, Illinois protects disabled individuals who are employed via the Americans with Disabilities Act. It provides this protection by describing a disability as a mental or physical aspect of a person that is [determinable](https://www.workplacefairness.org/disability-discrimination). If you have been discriminated due to any of these reasons, you can file a complaint with two entities – either the Equal Employment Opportunity Commission (EEOC) or the [Illinois Department of Human Rights](https://www2.illinois.gov/dhr/Pages/default.aspx) (IDHR). Contrary to popular belief, you don’t have to get in touch with both. Your complaint to be taken seriously. All you need to do is to file with one and mention that you need to cross your issue with the second agency. Most people opt for the IDHR since it deals with employment discrimination across the state. However, bear in mind, you have only 300 days to take action. Additionally, the employer you are filing a complaint against has to have at least 15 employees on the payroll. However, this clause can be overlooked if he/she is: – Employed by the state or the government as a public contractor – Guilty of sexual misconduct or physical/mental disability discrimination – Part of the state government The IDHR can act against the employer for the aforementioned infractions. However, it cannot: – Look into fraudulent actions taken by unions, unless the claim covers the aforementioned protected classes – Look into unfair employment practices, such as personality conflicts, political affiliations, etc. unless they are the direct result of discrimination as described before. – Look into charges placed on the federal government Discrimination in the workplace is one of the vilest forms of power play, which can target your dignity and stop you from making the most of your skills. Taking such employers to the task is your legal right. For more than three decades, Joshua McCann has worked to protect the rights of employees who have been treated unfairly in Schaumburg, IL. Get in touch with the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) for a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Top 2 Signs of Gender Discrimination in the Workplace You May Be Ignoring](https://chicagolegalcounsel.com/top-2-signs-of-gender-discrimination-in-the-workplace-you-may-be-ignoring/) **Published:** January 24, 2020 **Author:** msaawe **Content:** You may think you’ll never be discriminated against, but if you find yourself [gender bias](https://www.inc.com/encyclopedia/gender-discriminations.html) in the workplace, you are not only being treated unfairly, your employer is also blocking you from lucrative career opportunities due to their personal opinion. Their actions may not be apparent at first, but certain actions and circumstances should convince you into taking legal action against them. Here are some actions you should watch out for: ### **1. You Are Paid Less Than Your Male Colleagues for the Same Job** If you are doing the same work as your male colleagues but are being paid less than them – even though your performance is unquestionable, you are being discriminated against. This will also come into play during job offers and interviews when you are negotiating a salary package or a raise. Most employers do this because women rarely argue or assume they don’t need as much as they think they do. Some may prohibit female employees from working overtime – but not their male counterparts on the assumption men don’t have to go home and look after their family. The bottom line is you have the right to make them fairly compensate you for the work you do. Their personal beliefs should not have an effect on their decision. ### **2. The Interview Process Is Different** Questions asked during the interview process should be the same for both genders, but women are often asked personal ones, which have nothing to do with the job. For example, it is illegal for an employer to ask if a female employee is married, has children or not, whether they intend to start a family, etc. None of these queries have any bearing on the candidate’s ability to do the job. Most employers ask them to determine how much they will cost them as employees, rather than how they can be an asset to their business. These acts are discriminatory and illegal according to the [Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64). Besides gender, employees cannot discriminate in the workplace on the basis of ancestry, place of residence, color, religion, age, country of origin, and other aspects that can prevent a worker from befitting from workplace policies or opportunities. If the previously mentioned circumstances seem familiar, you can press charges against your employer or against anyone who refused to hire you based on protected categories. Get in touch with the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) today and allow us to fight for your rights in court if necessary. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Role of the EEOC in Federal Employee Discrimination Claims in Illinois](https://chicagolegalcounsel.com/the-role-of-the-eeoc-in-federal-employee-discrimination-claims-in-illinois/) **Published:** February 6, 2020 **Author:** msaawe **Content:** Job discrimination based on unchangeable factors is not only unfair, it is downright inhumane. Fortunately, both private and federal employees in Illinois are protected against workplace discrimination in several ways. According to the [Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64), employers cannot discriminate against workers on the basis of color, race, religion, sex, ancestry, nationality of origin, marital status and several other factors. Similarly, federal anti discrimination laws apply to employers who have more than 15 employees and those that have more than one employee have to comply with sexual harassment, pregnancy discrimination and disability discrimination provisions. ## The role of the EEOC in Federal Employee Discrimination Claims If you think you are being discriminated against in the workplace, you can file a claim with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). To choose which one you should file the claim with, look to your workplace. If it has between 15 or 20 employees, you can file with the former. If it has more than 20 employees and is a federal agency, file with the latter – especially if you face discrimination due to your age. The EEOC is important in this regarding because its main aim is to interpret and enforce federal laws, which prohibit workplace discrimination. This includes Title VII, which prohibits employers from retaliating against employees who complained about them and prevent them from asserting their rights. The regulating body also protects [pregnant women](https://www.nolo.com/legal-encyclopedia/pregnancy-discrimination-lawsuits-what-you-have-prove.html) who are discriminated against in the workplace because of their condition. According to Congress, the law now clarifies this discriminatory action is akin to sexual discrimination. The EEOC also protects disabled employees who are prevented from earning an income because their employer’s failure to provide reasonable accommodations, which can allow them to fulfill their job duties. Similarly, it also enforces the Age Discrimination in Employment Act (ADEA) and the Genetic Information Non Discrimination Act (GINA) to prohibit employers from discriminating against employees on the basis of age and genetics respectively. If you think you have been discriminated against in any of the aforementioned ways, get in touch with the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) for aggressive legal representation. We will assert your legal rights, so you don’t have to. We are not afraid to go up against large conglomerates in Schaumburg, Illinois. We understand such concerns in intimate detail and have more than 30 years of experience fighting for worker rights and compensations. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Employees Are Protected Under the FMLA in Illinois](https://chicagolegalcounsel.com/how-employees-are-protected-under-the-fmla-in-illinois/) **Published:** March 4, 2020 **Author:** msaawe **Content:** Every employer in the U.S. must comply with the Family and Medical Leave Act (FMLA) or face costly lawsuits from frustrated employees. The Act allows eligible workers to take unpaid sick leaves and get their jobs back under certain conditions. ## How the FMLA Is Used in Illinois In Illinois, employers who have at least 50 employees have to follow the rules set down in the FMLA for at least 20 weeks. However, not every employee is eligible. Only employees who [fit](https://www.nolo.com/legal-encyclopedia/illinois-family-medical-leave-laws.html) the following criteria can benefit from it: - Employees who have worked at least 1,250 hours during the last year. - Employees who have been on the payroll for at least a year. - Employees who worked with 50 other employees of the company in a 75-mile radius. Individuals who have worked in the state for at least 12 months also qualify for medical as well as family leave under the FMLA. An employee who is in a civil union can also take leaves according to the [Illinois Religious Freedom Protection and Civil Union Act.](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3294&ChapterID=59) ## Types of Leaves Available to Eligible Employees Under the FMLA, employees can take the following leaves: ### **For Parental Reasons** Employees of the state can ask for a leave for child adoption or if they want to take care of a physically injured or emotionally disturbed child or other serious family concerns. They can get two weeks or 10 days off after they adopt the child. ### **For Child Birth** Women who work for the state and who pre-certify their pregnancy within the first 20 weeks are eligible for 20 business days of paid maternity leave. Additionally, employees who pre-certify for their spouse’s pregnancy can get 15 days of paid leaves as well. Similarly, adoptions also merit three weeks of paid leave. However, if members of the same family work for the state, only one of them can use these benefits in a year. ### **To Fulfill Familial Obligations** Employees who have to provide primary care to an immediate family member or member of their household can also take paid leaves. The leaves can be used to care for a disabled or bedridden member of the family, to settle the estates of a deceased family member, or to care for or nurse a newborn, among other reasons. If you are an employee of the state and believe your rights under the FMLA have been violated in Schaumburg, IL, you need an attorney who can represent you aggressively in court. Get the compensation you deserve by choosing the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact). He has an impressive track record representing more than 500 worker cases in federal court. He is not afraid of standing against injustice. For more than three decades, he and his impressive team have gone against Fortune 500 companies and government agencies to ensure their employees get the benefits they deserve as per the law. Don’t bow down to pressure. Get in touch with the law office today and allow justice to prevail. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Can Happen to Whistleblowers and How They Are Protected in Illinois?](https://chicagolegalcounsel.com/what-can-happen-to-whistleblowers-and-how-they-are-protected-in-illinois/) **Published:** March 18, 2020 **Author:** msaawe **Content:** No employee should be forced to work under conditions that violate their physical and mental health. Additionally, they should not be forced to remain silent if they see something at work that makes them fear for their own safety, as well as their co-workers’ safety. The good news is that under Illinois’s [Whistleblower Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57), they can complain about negligent employers without fear of reprisal. A ‘whistleblower’ is any individual who notifies the authorities about workplace safety violations or any incidents/concerns their employers may be trying to hide. For instance, if you work in a paint factory and see waste being dumped in a nearby stream, you can ‘blow the whistle’ on your employer to the [Environmental Protection Agency](https://www.epa.gov/). Since such complaints and actions can end up costing employers a lot of money (in the form of fines, legal counsel, remediation charges, etc.), they can take out their frustration on the ‘whistleblower’ by firing, demoting, blacklisting, suspending, or disciplining them or by withholding their salary or benefits. The Whistleblower Laws prevent them from taking these courses of action with strict repercussions. However, these laws only protect public employees – i.e. individuals who work for the state and the local government. Besides safety violations, they can report employers without fear of retaliation for the following reasons: ü Mismanagement ü Waste of funds ü Abuse of authority ü Law and rule violations Federal employees are protected from almost every angle. For example, according to Section 10 of the Whistleblower Act, employers cannot force, make, regulate, or use a policy to stop an employee from providing information to authorities if it proves they are violating federal law. Similarly, Section 15 of the Ac also states employers cannot retaliate against said employees. However, employees are only protected under these Sections if they have reasonable cause to believe the information they are about to disclose can prove illegal conduct. Otherwise, they will be taken to task by the law and will not be protected against potential lawsuits that their employer may file against them. In case an employer is found guilty of any issues that violate any of the Sections in the Act, they can be held accountable via a civil lawsuit. The result is they may have to pay the employee twice the amount in backpay (to make up for the time the employee was unemployed because they were fired in retaliation) and pay for the employee’s attorney as well as damages. If you are facing an adverse employment action because of complaint you made against your employer, you have every right to ask for compensation. This is where the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) can work wonders. Our law office takes time to go through every case, including the working conditions our clients work in. The claims process can be tricky, but we have helped our clients understand it so many times, we know it like the back of our hand. We will apprise you of all the legal options you have at your disposal, which you may not be aware of. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [HR 6201 Creates new FMLA Entitlement and Paid Leave for Employees](https://chicagolegalcounsel.com/hr-6201-creates-new-fmla-entitlement-and-paid-leave-for-employees/) **Published:** March 20, 2020 **Author:** msaawe **Content:** The Families First Coronavirus Response Act, HR 6201, was signed into law last night by the President. There are two components to the law. The following is a summary of both sections of the law. We will continue to provide updates as they become available ### The Public Health Emergency ‎Leave Law This law applies to all employers with fewer than 500 employees (that isn’t a typo- the ordinary federal FMLA only applies to employers with 50 or more employees). The law allows the ‎Secretary of Labor to issue regulations to exclude certain health care providers and emergency responders from eligibility and to exempt businesses with fewer than 50 ‎employees if the obligations would jeopardize the viability of the business. Since this law becomes effective 15 days from enactment (last night), we do not know if those regulations will be issued before it becomes law. The ordinary eligibility provisions for coverage under the FMLA do not apply. Employees are covered if they have been employed for at least 30 days – they do not have to meet the ordinary requirement of working at least 1,250 hours with the employment of at least 12 consecutive months. To qualify, the employee must be unable to work (or work remotely) because he/she needs to care for his/her minor child if the child’s elementary ‎or secondary school or place of care has been closed or if the child’s regular paid care provider is ‎unavailable because of an emergency declared by a federal, state, or local authority with respect to ‎the coronavirus. Employees are ‎eligible for the same amount of FMLA leave as under the current FMLA- i.e. up to 12 weeks. However, the difference is that this leave is paid after 10 days. (It should also be noted that this law does not change the Maine FMLA- so it is possible an employee can take the 12 weeks under this FMLA (all paid beyond 10 days), and then an additional 10 weeks under Maine FMLA (unpaid)).‎ The employee can opt to use any accrued paid time ‎off, vacation time, sick leave, or other paid leave during this initial period (including sick leave under ‎the Emergency Paid Sick Leave Act, the other part of the new legislation). ‎ After the first 10 days of this leave, the ‎employer has to pay the employee at a rate of 2/3 of the employees’ regular rate of pay for the number of hours the employee would ‎normally be scheduled to work. It caps the total amount to no more than $200 ‎per day and $10,000 in the aggregate. ‎ If an employee works a varied schedule, the employer has to average the employee’s hours worked ‎per day over the previous 6 months or, if the employee has not worked during that period of time, ‎the average daily hours the employee would have been reasonably expected to be scheduled to ‎work when hired. The law contains the right of restoration to the same or a similar job. However, employers with 25 or fewer employees ‎are exempt from job protection if: 1) the position held by the employee does not exist due to economic conditions or other changes in operating conditions that affect employment and are caused by a coronavirus-related emergency declared by a federal, state, or local authority; 2) the employer makes reasonable efforts to restore the employee to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment; and 3) after those reasonable efforts fail, the employer makes reasonable efforts to contact the ‎employee about an equivalent position, if one becomes available, for one year following the ‎conclusion of the coronavirus-related emergency or the conclusion of the 12-weeks of ‎coronavirus-related leave taken by the employee, whichever is earlier.‎ There is a payroll ‎tax credit for covered employers as part of the new law.‎ ### Emergency Paid Sick Leave Act This law requires all employers with fewer than 500 employees to provide immediately-‎available, paid sick leave time to all employees, regardless of how long they have been employed.‎ As with the FMLA above, the Secretary of Labor can issues regulations to exempt certain health care providers and emergency responders, as well as small businesses with ‎fewer than 50 employees (where the time is taken to care for a child where the child’s school has ‎been closed or childcare has become unavailable). This leave is available for the following reasons arising out of the pandemic: - to self-isolate or seek medical diagnosis or treatment following diagnosis or exhibition of ‎symptoms, - to follow health care or public official recommendation or orders, - to care for family ‎members who are self-isolating or seeking medical diagnosis or treatment, or - to care for children ‎following school closures or unavailability of childcare. Notably, it does NOT appear that this leave is available if the employee is not working because the employer has prohibited the employee from reporting to work because of virus concerns. This will likely be further addressed in the expected regulations. Full-time employees are entitled to 80 hours of paid sick leave, and part-time employees are entitled ‎to sick leave equivalent to those hours the employee works, on average, over a 2-week period.‎ If the leave is taken for the employee’s own self-isolation, medical diagnosis, or treatment, the ‎employee is entitled to paid leave at 100% of his or her regular rate of pay. If leave is ‎taken to care for a family member or child, employers only are required to provide leave at 2/3 ‎the regular rate of pay. There is a daily and aggregate cap on the totals: - The sick leave cannot exceed $511 per day and $5,110 in the aggregate for an employee’s ‎self-isolation, medical diagnosis, or treatment - It cannot exceed $200 per day and $2,000 in the ‎aggregate for sick leave taken by an employee to care for a family member or child.‎ If an employee is paid under something other than a typical pay arrangement, the employer is to ‎calculate average daily hours worked similar to under the amended FMLA. The DOL should be issuing guidance to assist with these calculations. These provisions are in addition to an employer’s existing paid ‎sick leave policies. AND, employers are prohibited from requiring that employees ‎use employer-provided vacation time, sick time, or other paid time off before using paid ‎sick leave under the Sick Leave Act.‎ ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [EEOC Guidance for Employers in Response to COVID-19](https://chicagolegalcounsel.com/eeoc-guidance-for-employers-in-response-to-covid-19/) **Published:** March 25, 2020 **Author:** msaawe **Content:** Considering the recent COVID-19 pandemic, the EEOC (Equal Employment Opportunity Commission) has published guidelines employers must keep in mind when dealing with coronavirus cases in the workplace. According to the publication, employers, who are covered by the ADA, must make decisions based on what’s happening, not their own speculations. They should keep safety concerns in mind, but they must stay updated with the latest developments to prioritize their employees’ safety. Employers need to remember the ADA medical exam and inquiry rules need to be followed when they’re examining the situation in their respective workplaces. They must look for objective evidence before deciding to investigate an employee who can pose a direct threat to other employees. Employees shouldn’t be put through medical screening procedures unless there’s evidence they have been exposed to the virus and they’re showing symptoms of COVID-19. Since the World Health Organization (WHO) has declared coronavirus to be a [global pandemic](https://www.cnbc.com/2020/03/11/who-declares-the-coronavirus-outbreak-a-global-pandemic.html), the publication also has a separate section addressing the concerns of employers regarding what needs to be done after a pandemic is declared. If an employee has called in sick, ADA-covered employers can ask them if they are experiencing common COVID-19 symptoms. These include chills, coughing, fever, sore throat, or shortness of breath. However, they must keep any information about their employee’s illness a confidential medical record – in compliance with the ADA. Since health authorities and the CDC have issued precautions and acknowledged the community-wide spreading of COVID-19, employers can measure an employee’s body temperature to make sure no one’s health is at risk. However, they should note some people with coronavirus may not have a fever. Any employees showing symptoms of COVID-19 are required by the CDC to stay home. Employers can safely act on this advice without any interference from the ADA. Upon the affected employee’s return to work, employers are allowed by the ADA to ask them for doctors’ notes, which certify they’re fit to resume their duties. If healthcare professionals can’t provide them with fitness-for-duty documents due to their busy schedules, which can be the case during a pandemic outbreak, employers are required to take a different approach. They may rely on local clinics for an email, form, or stamp, which certifies the employee doesn’t have the coronavirus and can safely return to work. Guidelines also state employers are required to provide reasonable accommodations to employees that have known limitations due to their disabilities – even during this pandemic. The only exception to this is for cases where providing accommodations to employees will pose undue hardships for the employer and have a significant effect on their business, i.e. it can lead to added expenses for the employer, considering the cost and nature of the requested accommodation and the availability of resources. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Employee Conduct That Cannot Be Penalized by Employers in Illinois](https://chicagolegalcounsel.com/employee-conduct-that-cannot-be-penalized-by-employers-in-illinois/) **Published:** April 16, 2020 **Author:** msaawe **Content:** Getting fired because you asked to be compensated for workplace injuries is devastating but in Illinois, you can take your employer to court for it. Even though Illinois is an [at-will employment state](https://www.workplacefairness.org/at-will-employment), there are certain exceptions which prevent employers in Illinois from firing an employee. This includes employees who [expose](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57) corruption, fraudulent behavior and other wrongdoings in the workplace. As such, the state protects employees who: – Raise concerns about their employer or other employees who they think have been discriminated against for their race, sex or age by their employers. – Raise concerns about lack of safety in their workplace. – Request medical or family leave, which they can take according to the law. – Protest unfair wages, which also violate federal and state laws. – Raise concerns about an employer who is trying to force them to retire or to think about quitting after reaching a certain age. – Raise concerns about employers who harass them because of their age, sex or gender. – Reveals or raises concerns about unlawful financial practices in the company. These are just some of the circumstances in which an employee is protected against employer retaliation in Illinois. To get the full list or to determine whether you can file a claim, you should get in touch with an attorney right away. **Signs That Your Employer Is Retaliating Against You** Acts of retaliation by an employer can be tricky to detect in some cases but there are some signs you can watch for. For example, if your employer’s demeanor towards you changes because you complained about harassment, you cannot file a claim if it does not affect your employment status. However, if something negative happens right after your complaint, you have the right to be suspicious and question your employer’s conduct. For example, if you were fired for a small infraction, got a really poor performance evaluation or were excluded from meetings right after making your complaint – you may have cause to act. If you think your employer is retaliating against you, the first thing you need to do is report their conduct to human resources, as well as the reasons you think are behind their behavior. If your employer cannot give a legitimate reason for treating you unfairly and fires you, you can file a claim against them in court. This is where the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) can help. We can help you understand all your legal rights, according to the Illinois Employment Act and according to your specific workplace context. This includes the claims process and what can be done to ensure you get the compensation you deserve and need. If you are a federal employee, you may be under separate protections you may not be aware of. Our office works proactively with employees who have been unfairly discharged and this includes answering queries they may have regarding their rights. Get in touch with us for a consultation today and we will explain all of the legal options you have at your disposal. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Filing a Retaliatory Discharge Claim in Illinois – What You Should Know](https://chicagolegalcounsel.com/filing-a-retaliatory-discharge-claim-in-illinois-what-you-should-know/) **Published:** April 21, 2020 **Author:** msaawe **Content:** According to the Illinois ‘at-will’ employment [doctrine](https://www.workplacefairness.org/at-will-employment), employers can fire employees for any reason. However, certain classes are protected and there are a few exceptions to this rule: the main one being a ‘retaliatory discharge.’ If an employer fires an employee out of retaliation for any reason, the employee can press retaliatory discharge charges against them. Some common examples of retaliatory actions the Equal Employment Opportunity Commission (EEOC) considers includes employers who: - Scolded the employee; - Physically and verbally abused the employee; - Shifted the employee to less desirable position; - Gave the employee an unfair or unjustified performance evaluation; - Made work difficult for the employee deliberately; - Threatened the employee with termination or fired them. **Making a Retaliatory Discharge Claim** According to the [Illinois Worker’s Compensation Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68), unfairly terminated employees have to prove the following elements to file this claim: - The termination is related to employee rights, which are outlined under the act; - They were employees before suffering the work related injury; - They are exercising a right mentioned in the act. The key is to prove the retaliatory action by the employer is a direct violation of the protected rights of the employee. Once that is determined, you can file a claim. Here is an example: If you think you are about to be fired because you applied to receive for Worker’s Compensation benefits, you need to: - Record all the events and conversations you think are relevant enough for your claim. This includes all emails and written communication you exchanged with your employer that you can use against them. This includes threatening message or other incriminating statements they may have made in front of colleagues. Get a written statement from them if possible before filing the lawsuit. - Immediately file an application for the Adjustment of Claim with the Industrial Commission. This will ensure your employer cannot claim they were not aware you had filed to receive the Worker’s Compensation benefits. Bear in mind you only have two (2) years from the date of the termination to file this claim in court. Failure to do so can forfeit your rights under Section 4(h) of the act. ## Why You Should Hire an Attorney for a Retaliatory Discharge Claim In Illinois, state and federal laws protect employee rights. If you think you are about to be fired because of reasons that violate those rights, you can file a claim in court. However, if you do not know how to assert that right legally, you may suffer in the end. This is where the attorneys from the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) can prove invaluable. Don’t hesitate to come forward and get the compensation you deserve. We have more than three decades of experience fighting for the rights of employees in Schaumburg, IL and the surrounding states and have litigated more than 500 cases in court. Get in touch with us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Illinois Law Protects Employees Who Are Fired Because of Religious Discrimination](https://chicagolegalcounsel.com/how-illinois-law-protects-employees-who-are-fired-because-of-religious-discrimination/) **Published:** May 11, 2020 **Author:** msaawe **Content:** Religious freedom and practices are protected in Illinois to ensure workers and job applicants can gain meaningful employment without facing discrimination. The laws may be strict, but they are not so stringent they can unnecessarily impede business operations. **Illinois Religious Discrimination Laws** While employers in Illinois can set proper dressing and grooming standards for employees, they cannot offend religious requirements. That is [against the law](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64), according to the Illinois Human Rights Act and this protection includes all aspects of a religious practice – as well as individuals’ beliefs and even atheism. A few years ago, the Human Rights Act was also amended to include coverage according to dress and grooming policies in workplaces in Illinois. Known as the [Religious Garb Law,](https://www.natlawreview.com/article/new-illinois-human-rights-act-amendment-religious-accommodations-what-does-it-mean) it states no employer can protest an employee’s or a job applicant’s insistence on donning attire, facial hair and clothing, which are in accordance with their religious beliefs, rules and practices. However, this does not include circumstances in which the business can face undue hardships because of an employee’s/applicant’s religious beliefs and practices. Plus, the law does not prevent employers from enforcing dress and grooming policies, which exclude clothing or facial hair that can compromise food sanitation or workplace safety. **What Employers Can Do** If an employee wears or asks to wear religious garb to the workplace, which violates a business’s dress and grooming policies, employers need to consider the following: - Recognize that such requests can take a number of forms when it comes to dress and grooming policies. These may also include certain types of jewelry or head gear or even refusal to wear certain clothing that violates religious beliefs and practices. - The most acceptable reasons to deny such requests include workplace safety, security and health concerns. However, employers can still try and accommodate requests and ensure they maintain the same stance for similar requests in the future by other employees. - The requests cannot be denied because of customer preferences or because of complaints from a co-worker. **What Employees Can Do** However, to ensure the previously mentioned protections are enforced, the following criteria must be met: - The employee must clearly explain why they need religious accommodation. - They should also explain how their religious requirements and job requirements can come into conflict during the course of their employment. - Employees must also be willing to accommodate their employers to prevent business hardships as much as they can. - The employee’s religious beliefs should be part of a real and existing religion to be deemed valid. If you think your religious rights are being violated or you are being discriminated against in the workplace because of your beliefs, you have the right to sue your employer. If you are hesitant in coming forward because you fear for your job security, you are doing yourself a disservice. Get in touch with our lawyers at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) and share your concerns with us. We have been fighting for employee rights in Schaumburg, Illinois, for three decades and this includes the surrounding states. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Illinois Pregnancy Laws – What Illinois Employers Cannot Do](https://chicagolegalcounsel.com/illinois-pregnancy-laws-what-illinois-employers-cannot-do/) **Published:** May 26, 2020 **Author:** msaawe **Content:** Before 2015, workplace laws in Illinois were insufficient when it came to protecting the rights of pregnant women and new mothers in the workplace. All that changed when lawmakers realized these employees were often discriminated against, fired or forced to go on unpaid leaves when they were due or suffered from complications. This used to be the case – even if employers could make reasonable accommodations to make their employees comfortable. Besides the physical discomfort, other issues women faced due to this discrimination include lost wages, loss of opportunities and in some cases, unemployment. These often led to lifelong repercussions when it came to their financial health and wellbeing of their families. **The Pregnancy Accommodation Amendment** Put into effect January 1, 2015, the Illinois Human Rights Act was amended to provide such employees greater protection. Called the Pregnancy Accommodation Law or Public Act 98-1050, the amendment applies to every employer in the state who has one or more employees. It covers part-time and full-time workers, as well as those who are on probation and who are pregnant or become pregnant. In other words, employers who discriminate based on pregnancy in Illinois will be committing a civil rights violation. Under the Act, employers cannot: - Fail or refuse to accommodate a pregnant employee unless the accommodation will result in undue hardships for the business. - Refuse to segregate, act or segregate with respect to hiring, employment renewal, recruitment, discipline based on pregnancy. - Refuse to provide or hide job opportunities or benefits or act against a qualified job applicant if both are based on the employee or applicant’s need for pregnancy accommodation. - Try and force an employee to accept accommodations they did not request and declined. - Require an employee to take a leave of absence under any business policy if their request for accommodation cannot be provided. - Fail to reinstate the employee to the same position or an equivalent one, along with the same pay as well as the same benefits and service credits when she confirms she wishes to return. This is the case unless the employer can prove reinstating the employee can result in undue business hardships. - Fail to include the rights of pregnant employees in the company policy or handbook or fail to keep it in a conspicuous location. - Retaliate against employees because they requested reasonable accommodations due to their pregnancy. Common accommodation [requests](https://www.isba.org/ibj/2016/02/representingclientsundernewillinois) employers should give pregnant employees include breaks for increased water intake, more bathroom breaks, periodic rest and private bathroom space for expressing breast milk. If you think you are being discriminated against because of your pregnancy, you need to understand your rights according to the law. The [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) has the lawyers who can represent you aggressively and ensure you receive the compensation you deserve and need. We’ll advise you on all legal options you have at your disposal. Get in touch with us at Schaumburg, Illinois, today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Determining Signs Of Gender Discrimination At Work](https://chicagolegalcounsel.com/determining-signs-of-gender-discrimination-at-work/) **Published:** June 16, 2020 **Author:** msaawe **Content:** According to the [Illinois Human Rights Act](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266), employers cannot discriminate employees on the basis of their gender. While penalties are strict, the trend is still apparent in workplaces across the state however – in a subtler way. Gender bias has no place in business, whether an office is male-dominated or not. You may have been targeted without being aware of it. Here are some common signs you are being discriminated against because you are a female employee. **Male Colleagues Are Praised For Their Feedback, You Are Ignore** This is common in a lot of board rooms across the U.S. Female employees are often ignored in meetings or their ideas are shot down. However, when they are repeated by men, they get accepted and the male employees are also praised for them. If your ideas are being poached like this, you are being discriminated against. **You Are Maintaining A Balancing Act** As a woman, you may have trouble asserting yourself and remaining likeable in the workplace. You know that if you are too considerate, your colleagues may walk all over you. However, if you are aloof or short with your replies, you may be ostracized. Maintaining this balancing act can be a challenge and your authority may still be undermined and may find yourself apologizing more than necessary. If your male colleagues are not facing this issue, you may be a victim of gender bias. **You Have To Keep Proving Yourself** Most managers and high executives tend to judge men based on their likeability and potential rather than on their work. The same higher ups expect women to keep proving themselves with facts that prove their contributions. If you feel your boss is ignoring you in favor of male colleagues who are doing the same things you are, you are being discriminated against. If the situation escalates to [sexual harassment](https://www2.illinois.gov/sites/sexualharassment/Pages/Legal-Protections.aspx), you have more than enough grounds to file a lawsuit. Business has to be genderless for it to succeed. If you are a victim of gender bias in the workplace, get in touch with an attorney at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) today. We have been fighting for the rights of victims just like you for three decades and are known for aggressive representation. It doesn’t matter whether you work for a small store or a Fortune 500 company. We will take them all to task in court and ensure you get the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Filing a Federal Job Discrimination Complaint With the EEOC](https://chicagolegalcounsel.com/filing-a-federal-job-discrimination-complaint-with-the-eeoc/) **Published:** June 30, 2020 **Author:** msaawe **Content:** Federal and state laws protect employee discrimination on [certain characteristics](https://www.nolo.com/legal-encyclopedia/illinois-employment-discrimination-31693.html) in Illinois workplaces across the state. However, depending on what type of employer you have, the complaint has to be made in a specific manner and to a specific entity. For federal employees, that entity is the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency responsible for enforcing workplace discrimination. The responsibility for enforcing state anti-discrimination laws falls to the [Illinois Department of Human Rights](https://www2.illinois.gov/dhr/Pages/default.aspx) (IDHR). This entity protects discriminated employees by conducting investigations of alleged discriminatory acts against private employers, local government, unions and environmental agencies. On the other hand, federal anti-discrimination laws apply to employers who have 15 or more employees on the payroll, except the following: - Age discrimination complaint against employers who have 20 or more employees. - Citizen status discrimination complaint against employers who have four (4) or more employees. - Equal pay discrimination for both male and female employees for all employers. In the state, organizations that have 15 or more employees on the payroll are held to all anti- discrimination standards and laws. Also, employers who have one or more employees who violate anti-disability, anti-pregnancy and sexual harassment laws are subject to hefty lawsuits. Federal employees who think they have been discriminated against in the workplace have 300 days from the first act to file their complaint with the EEOC. The complaint should have the following details: - A detailed description of the discriminatory act. - The complainer’s phone number and address. - Information on the employer or supervisor who committed the discriminatory act. - The signature of the complainer. If mediation does not work, the EEOC will start its investigation of the claim, depending on the information you provided. If they are unable to determine if the accused violated a law, you would receive a Notice of Right to Sue, which gives you permission to file a lawsuit. This has to be done within 90 days of the arrival of the notice. Even though you are protected by law against workplace discrimination, you may not know how to assert those legal rights. This is where the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) can help. We have more than three decades of experience fighting for the rights of employees in Schaumburg, Illinois, and surrounding states. Get in touch with us for a consultation today. We can ensure you get the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Right For Reasonable Accommodation For People With Disabilities In Illinois](https://chicagolegalcounsel.com/the-right-for-reasonable-accommodation-for-people-with-disabilities-in-illinois/) **Published:** July 13, 2020 **Author:** msaawe **Content:** Just because you have a disability, does not mean you are not entitled to fair and equal opportunities in all aspects of your life. In Illinois, this includes the workplace. Employees who are disabled are protected by the [Disability Rights Bureau](https://www.illinoisattorneygeneral.gov/rights/index.html#:~:text=The%20Disability%20Rights%20Bureau%20enforces,complaints%20through%20negotiation%20and%20litigation.), which enforces both federal and state laws when it comes to protecting their right to access services, housing and buildings. **The Right To Reasonable Accommodation** As an employee with a disability, you have the right to ‘reasonable accommodation’ pertaining to your job. According to the [Federal Americans with Disabilities Act](https://www.dol.gov/general/topic/disability/ada), it refers to any change in the hiring process, application process, how the job is done or the work environment, which can allow anyone who is qualified for the job to perform essential functions. A number of disabilities, both mental and physical, which can limit or prevent you from earning a living or make it extremely difficult, are covered by these laws. The reasonable accommodation requirement is deliberately kept broad allowing the disabled to do their job to the best of their abilities. Different accommodations may be required, depending on the type of disability you have and the job you have. For example, you may require a change in your work schedule, require non-essential duties to be reassigned, require special equipment, which can help you access your station or require interpreters. For example, if you are hard of hearing or completely deaf, you may require an interpreter for a job interview. However, employers in Illinois cannot be asked to provide accommodation if by doing so they would impose an undue hardship on their business. This includes the people they already have on the payroll and the cost they will have to incur to provide said accommodation. However, according to the Federal Americans with Disabilities Act, employers who have 15 or more employees are required to provide reasonable accommodation. To determine whether an employee requires it or not, they need to look at the position the employee holds, how their disability affects their job capabilities, and the work environment they will work in. If you have been discriminated against in the workplace because of a disability, you have the right to ask for compensation. Get in touch with our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) today. We don’t want you to settle for the bare minimum. We will ensure justice is served. Contact us today for a consultation in Schaumburg, Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [4 Common Signs Of Workplace Discrimination You Shouldn’t Ignore](https://chicagolegalcounsel.com/4-common-signs-of-workplace-discrimination-you-shouldnt-ignore/) **Published:** July 28, 2020 **Author:** msaawe **Content:** Workplace discrimination can cripple even dedicated employees and prevent them from realizing their career goals. In fact, you may be a victim yourself and just haven’t realized it. Here are some signs you should not ignore, as mentioned in the [Illinois Human Rights Act](http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt%2E+2&ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1393750): **You Receive Comments On Your Gender** Some ill-timed remarks from colleagues may be harmless, but not ones that take a dig at your gender. For example, if you are constantly belittled because you are a female colleague, you have grounds to file a harassment complaint. If it does not stop, even after you file a complaint, you can hire an attorney and file a lawsuit against your employer for his/her failure to prevent it. **You Are Pressurized At Work Because Of Pregnancy** You are not obligated to tell your supervisor or boss you are pregnant – unless it interferes with your ability to do your job. You don’t even have to offer detailed medical information about your condition and if you are pressurized to do so, you have grounds to lodge a formal complaint. This type of harassment falls under [pregnancy discrimination](https://www2.illinois.gov/DHR/publications/documents/pregnancy_fact_sheet-eng-14.pdf). **You Are Denied Promotions** Some employees are denied promotions based on their gender, race, disability, and any other thing employers think may compromise your job capabilities. For example, if you are denied projects that can allow you to prove your worth to your employers – even though you have the ability to complete them, you have grounds for complaint. An attorney can help you gather critical evidence to make a sound case. **Your Workplace Lacks Diversity** Demographic realities among workforce members are taken for granted in certain industries, despite attempts to resolve them. As such, employers in said industries may show discriminatory behavior among their employees based on race, religion, gender, disability, etc. A workplace that does not have a diverse employee pool may point to this. Spotting workplace discrimination is not difficult but some signs, like the ones mentioned, can be difficult to notice. If you believe you are a victim of discrimination in the workplace, you should get in touch with an attorney at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) as soon as possible. We understand you are angry, frustrated, scared and feel violated by the people and organization you have come to trust. We are relentless when it comes to taking large and private employers to task, especially those who think they are above the law. Get in touch with us today for a consultation in Schaumburg, Illinois. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [2 Ways Employers Can Stem Gender Discrimination in the Workplace](https://chicagolegalcounsel.com/2-ways-employers-can-stem-gender-discrimination-in-the-workplace/) **Published:** August 12, 2020 **Author:** msaawe **Content:** Gender discrimination in the workplace is usually experienced more by a female rather than male employees. If you count yourself as the former, chances are you may have experienced it in some form or another. You may have been passed over for a promotion in favor of another male colleague. Maybe you were let go from a job once your boss found out you were pregnant or you were [sexually harassed.](https://www2.illinois.gov/dhr/Pages/default.aspx) Whatever the case may be, if you are in a position of power now, you may find yourself making the same mistakes. Here are some ways you can prevent gender discrimination in the workplace **Educate Employees about Gender Discrimination in the Workplace** [Gender discrimination](https://www2.illinois.gov/sites/sexualharassment/Pages/Legal-Protections.aspx) can involve different types of harassment, which are based on gender stereotypes. It can involve any act making someone feel uncomfortable or discriminated against based on their sex. This includes both men and women. While many of those acts can be overt, if management fails to nip them in the bud, they can become explicit. Prevent that from happening by holding workshops that teach employees how to avoid this behavior. Make these workshops more enjoyable by incorporating them into company outings. **Take Immediate Action to Address Complaints** If someone comes to you with a complaint involving gender discrimination, take action immediately to address it. Otherwise, the situation may escalate and you may face a lawsuit. Prevent that from happening by outlining clear procedures that can deal with different situations and follow through with them. This includes asking the accused to explain their behavior and interviewing witnesses as well as other employees who may have been involved. This will help you to come to a suitable resolution. Depending on the severity of the harassment, it should involve paid/unpaid leaves and even dismissal. Regardless of the severity of the claims, your aim as an employer should be to completely prevent gender discrimination. If you allow even small issues to slide, you will open the door for severe acts. By addressing and resolving each claim, you can pave the way for a discrimination-free and diverse workplace. If you are an employee who has been discriminated against in the workplace because of your gender, you have every right to file a complaint. If that hasn’t worked, get in touch with us at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) for expert legal consultation and representation. We don’t back down from powerful employers and will ensure you receive the compensation you deserve in Schaumburg, IL. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [5 Signs Your Boss Illegally Fired You](https://chicagolegalcounsel.com/5-signs-your-boss-illegally-fired-you/) **Published:** August 26, 2020 **Author:** msaawe **Content:** Wrongful termination is illegal in Illinois. If you think your boss fired you because of these issues, you have every right to file a complaint against them with legal authorities: **Your Boss Retaliated Against You** For example, if you blew the whistle on your employer for failing to provide appropriate PPE for worker safety and were fired because of it, you can sue. According to the Illinois [Whistleblower Act](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57), employees who disclose illegal conduct to government officials are protected. However, despite this, some employers may still fire employees who speak up about anything illegal they discover in the workplace. **Your Boss Made False Claims About You** If you were terminated while your employer was making false claims about you and was slandering you – you have grounds to file a lawsuit. That’s because their slander can prevent you from getting gainful employment elsewhere. **You Took Time Off and Your Boss Fired You For it** If you took time off – according to state rules, and you were fired for it, you can sue your employer. This includes taking time off for [jury duty](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070503050K4.1), to take care of an immediate family member or to perform military service. Also, if your employer violated the rules of a union contract, you may have a claim against him/her. **Your Boss Fired You Because Of Your Pregnancy** If your boss terminates your employment right after you informed him/her you were pregnant and gave no probable cause for the decision, you have been discriminated against. If you cannot find any reason for termination except this one, even when you proved your pregnancy does not prevent you from doing your job, you can file a lawsuit against them. **You Were Fired Before Your Contract Expired** Your work contract specifies how long you will remain employed at a company. If your employer fires you before that term comes to a close, without probable cause, you have grounds for a lawsuit. However, if you were caught stealing or did not perform as well on the job as you were expected to, you probably won’t have a case. Whether you were wrongfully terminated because you got pregnant or because your boss didn’t like you – despite performing well, you deserve aggressive legal representation. Get in touch with our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) in Schaumburg, IL, for a consultation today. We do not back down when it comes to defending the rights of employees who are treated unfairly by their employers. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What You Should Know About the FMLA as an Employee](https://chicagolegalcounsel.com/what-you-should-know-about-the-fmla-as-an-employee/) **Published:** September 15, 2020 **Author:** msaawe **Content:** If you suffer from a serious health condition at work or have a family member who has taken ill, taking time off to take care of yourself or them should be your main concern. However, an uncooperative boss can make you stress out, which can further exacerbate your condition. This is where you can demand your rights, according to the Family and Medical Leave Act (FMLA). FLMA allows employees to balance family obligations and work without suffering from negative consequences. According to the law, employers must allow their employees to take time off from work to take care of themselves family members who are critically ill. ## What is Covered By the FMLA? However, this does not mean every family-related leave is covered. Here are some things you should be aware of about the FMLA as an employee: - According to the FMLA, you can take 12 weeks of leaves in 12 months, however, it will be unpaid - You may need to provide proof of the medical condition - Your employer cannot fire you after you leave. However, when you return, he/she may change your job without repercussions - [Not every employee](https://www.dol.gov/agencies/whd/fact-sheets/28-fmla) is covered ## Before Taking FMLA Leave Before taking these leaves, you need to give your employer [prior notice](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employeeguide.pdf). This should be at least 30 days if you know you need to take a leave for a surgery or because of a pregnancy. In such cases, you need to inform your employer about the leave the day you learn you need to take it or on the next workday. If you need FMLA leaves urgently, in case of an emergency (such as to care for a family member who is injured in a car accident), you still need to immediately inform your employer. If you are unable to do so on an urgent basis, you can follow set protocols your employer has in place until you can inform him/her about the leave. While you do not have to disclose your diagnosis to your employer, you must provide information proving the leaves you need is based on a condition protected by the FMLA. If you have been denied FMLA leave by your employer – even though you are eligible for it, you have the right file a lawsuit against them. [The Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) can help. For three decades, our attorneys have been fighting for the rights of employees in Schaumburg, IL, in federal court and are not afraid to go up against business giants. Get in touch with us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What You Need to Know About Retaliatory Discharge in Illinois](https://chicagolegalcounsel.com/what-you-need-to-know-about-retaliatory-discharge-in-illinois/) **Published:** October 13, 2020 **Author:** msaawe **Content:** Illinois does not have clear cut laws when it comes to suing former employers for retaliatory discharge. Just because an employer has been unfair in firing an employee does not necessarily mean the employee is entitled to compensation. In Illinois, retaliatory discharge is a common law tort, meaning it is not found in any statute. To prove a case, the offending employee must prove three (3) elements: 1. That the discharge was retaliatory for certain actions he/she took. 2. That the discharge violates public and company policy. If successful, a retaliatory discharge claim can help you recover several damages which include: - Future wages - Punitive damages - Back pay - Attorney charges - Mental and emotional distress ## How Employers Can Retaliate The [U.S. Equal Opportunity Commission (EEOC)](https://www.eeoc.gov/overview#:~:text=The%20U.S.%20Equal%20Employment%20Opportunity,national%20origin%2C%20age%20(40%20or) prohibits employers from punishing both employees and job applicants for asserting their rights when it comes to discrimination. Some of the activities that constitute retaliation according to the EEOC include employers who: - Reprimand employees without reason - Engage in physical and verbal abuse - Makes work difficult for the employee - Threatens the employee with termination or fires him/her - Increases scrutiny on the employee - Shifts the employee to a less desirable position in the company In most cases, employers are not obliged to provide their reasoning behind terminations or any of the above actions. However, if they are accused of retaliatory discharge later, they must prove the termination was not their way of exacting revenge. This includes providing proof the employee was performing poorly, were behaving badly in the workplace or were fired because of reasons that went beyond protected actions. While the [Illinois Whistle Blower Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57#:~:text=(a)%20An%20employer%20may%20not,a%20State%20or%20federal%20law%2C) protects employees who reveal illegal employer conduct to government officials, you will need an attorney to fight a retaliatory discharge claim. These professionals are more than well versed in both federal and state laws and will guide you through the process so you are well aware of your rights. This includes ensuring your case gets a favorable outcome. If you are looking for such attorneys, get in touch with us at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) today. We have years of experience aiding clients such as yourself, who have been discharged from jobs unfairly or as an act of retaliation. Get in touch with us for a consultation today in Schaumburg, IL. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Many Forms of Employer Retaliation](https://chicagolegalcounsel.com/the-many-forms-of-employer-retaliation/) **Published:** October 27, 2020 **Author:** msaawe **Content:** The [Whistle Blower Act](https://www2.illinois.gov/oeig/complaints/pages/whistleblower.aspx) in Illinois protects employees who reveal illegal acts their employers are involved in to the law or the government. This can lead to retaliatory action from their employee. In Illinois or in any U.S. state, employers are retaliating if they try and punish an employee for engaging in a protected activity or to prevent them from speaking out. Common acts of retaliation include the following: - Terminating the employment of an employee who has been injured on the job and files a claim - Retaliating against an employee who files a [worker compensation](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68) claim - Demoting an employee or offering him/her a lower status job or a lower paying position in the company despite their experience. This includes overlooking injured workers for promotions because of their physical state, even though they are qualified for the job - Refusing to hire an employee who returns to work after recovering from an injury - Compromising your performance review for no reason after you place an injury claim - Undeserved disciplinary action against an employee for no reason or as a retaliatory action because they filed a claim. - Providing poor employment references that can affect a qualified and skilled employee’s future job prospects. If this is done in retaliation for a worker’s compensation claim being filed, the employee is eligible for compensation in most cases ## Protected Activities According to Illinois and federal laws, employees that proceed with the following actions cannot be retaliated against: - Discussing issues with their manager regarding workplace discrimination such as sexual harassment - Refusal to follow instructions that can lead to discrimination - Filing a complaint with the Equal Employment Opportunity Commission (EEOC) - Filing a complaint with the Illinois Department of Human Rights (IHDR) - Taking part in an investigation regarding discrimination or harassment in the workplace - Asking for reasonable accommodation for a disability or any religious practice Employees who make specific complaints or requests about an employer can receive the maximum protection the law offers. For example, if you see someone being sexually harassed or are the victim yourself, you have to specify in the complaint that you are being *sexually* harassed. If you are in such a situation or know someone who is being treated unfairly by employers, get in touch with our attorneys at the Law Offices of Joshua D. McCann, LTD today. We have helped hundreds of clients such as yourself get the compensation that they deserve and brought unfair employers to justice in Schaumburg, IL. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Holiday Bonuses and Discrimination](https://chicagolegalcounsel.com/holiday-bonuses-and-discrimination/) **Published:** November 17, 2020 **Author:** msaawe **Content:** As per the [Minimum Wage Law](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68) in Illinois, your employer is obligated to pay you for all of the hours you worked whether you are a salaried or an hourly employee. If you fail to complete certain hours in the week, you will not be paid for them. However, you can enter into an agreement with your employer to use some of your holiday and sick leave benefits for those days if you have them. ## Holiday Leaves As per state law, private employers don’t have to give their employees paid or unpaid holiday leaves and your employer may also ask you to working during them. Additionally, they do not have to pay you premium wages for working during the holidays either unless the hours qualify for [overtime](https://www.ilga.gov/legislation/legisnet92/hbgroups/hb/920HB3176LV.html). If your employer does give you paid or unpaid holiday leaves, it has to comply with company policy or your work contract. ## Vacation Leaves Similarly, an employer who is based in Illinois is not obligated to provide employees with paid or unpaid vacation benefits. They are only obligated to do so if the company has a policy or a contract has a clause that promises said leaves. If the policy or contract details vacation benefits, the employer has to pay the employee all of their earned or collective vacation if the employee separates from the company. The employee cannot claim them after leaving the company unless he/she is part of a collective bargaining agreement with a union that provides otherwise. Additionally, no company policy can state a deadline for vacation time. If vacations are part of the policy, employers have to give employees a reasonable amount of time to use those leaves, not lose them if they don’t use by a certain date. Even though employers in Illinois are not obligated to observe holidays in the state, some do offer days off on Christmas and New Year’s Day. However, during that time they don’t have to pay their employees if the business is closed on those days and if their employees are not scheduled to work during them. If you think your employer is withholding your holiday bonus or leaves from you even though he/she is contractually obligated to provide them, get in touch with our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) today. We have over 30 years of combined experience fighting for the rights of employees in Illinois and the surrounding states. Get in touch with us for a consultation in Schaumburg, IL today! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Pregnancy Discrimination 101 for Employers](https://chicagolegalcounsel.com/pregnancy-discrimination-101-for-employers/) **Published:** November 30, 2020 **Author:** msaawe **Content:** According to the [Illinois Pregnancy Accommodation Act](https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1050) (IPAA), employers have a duty of care for pregnant employees, regardless of the number of employees they have. The law protects expecting mothers who are on the payroll as well as pregnant job application, probationary employees, and part timers. ## What Is Pregnancy Discrimination? The best way to ensure you are not charged with pregnancy discrimination from an expecting employee, is to educate yourself on the nuances of the Illinois Pregnancy Accommodation Act. Pregnancy discrimination involves the treatment of pregnant employees or job applicants unfairly based on childbirth and other conditions related to their state. Some actions that come under this form of discrimination include the following: - Firing or demoting a pregnant employee or applicant - Refusing to hire a pregnant applicant because of their condition - Refusing to give a similar job to a pregnant employee when she returns to work post childbirth or after a pregnancy leave - Treating a pregnant employee unfairly or differently from other disabled employees - Refusing to provide health insurance coverage for male employees for their wives’ pregnancy related conditions. (This comes into effect if the wife is an employee of the same company and has access to the same coverage) Pregnancy or any condition that is related to it, must be treated the same as you would a temporary disability. This can include bed rest recommended by a doctor, severe morning sickness, childbirth recovery and other conditions. As an employer, you are obligated to ensure your pregnant employees receive the same benefits and treatment employees with other disabilities do in the workplace. Common ways employers can discriminate against pregnant employees include the following: - Asking a job applicant how many children they have and if she plans on getting pregnant again. If the applicant informs you she is four months pregnant and is overlooked because of it or asked to return once the child is born, you can be sued. - The employee is fired after the employer learns she is pregnant even if she could work for several months more. - Refusing to give time off to a pregnant employee for a mandatory doctor’s appointment or docking pay for the hours she was not at work – even if she requires ongoing medical treatment because of her condition. This is far from an exhaustive [list](https://www.entrepreneur.com/article/244475). If you think you are being discriminated against in the workplace because you are expecting a child or after childbirth, you have grounds to sue. Get in touch with our dedicated attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) in Schaumburg, IL today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What You Should Know About Retaliatory Discharge in Illinois](https://chicagolegalcounsel.com/what-you-should-know-about-retaliatory-discharge-in-illinois/) **Published:** December 14, 2020 **Author:** msaawe **Content:** Even though Illinois is an [at-will state](https://www2.illinois.gov/idol/faqs/pages/default.aspx#:~:text=Illinois%20is%20an%20%22employment%20at,without%20any%20reason%20or%20cause.) (which means employers have the right to fire employees for a variety of reasons), there are exceptions. One of them is retaliatory discharge i.e. if you were let go as retaliation for exercising your legal rights in the workplace. If you have a valid claim, you can sue your employer for wrongful termination provided you have an experienced attorney who can analyze your claim and file your lawsuit. ## What Is Retaliatory Discharge? Retaliatory discharge from an employer can take on many forms. It can be against an employee who filed a [worker’s compensation claim](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68), requested for legal reimbursement as per medical coverage, and other legal actions. Since these are legal rights, employers who fire employees on their basis may be considered retaliatory. If an employer lets go of an employee as revenge, due to severe issues (such as letting an employee go who filed a sexual harassment report at work or who exposed an illicit activity in the company to the authorities), they can be sued for damages by the victimized employee. In fact, as an employee, you are also protected if you refuse to carry out a command by a supervisor or employer that you think is illegal or discriminatory in nature. This can be the case if say your employer tells you to deny service to a client based on their religious proclivities, gender identity, or race. If you are asked to kick out a diner because he only speaks Spanish and cannot relate his order in English, you have the right to fight back if you are fired for refusing. That’s because you refused to perform a discriminatory act that is protected by law in the state of Illinois and several other states as well. ## How to Prove Retaliatory Discharge If you have been the victim of a retaliatory discharge, you need to prove the following to present a solid case: - That you were employed when you were injured (and then let go because of it). - That you sought worker’s compensation for it. - That you lost your job. - That you were let go because you wished to seek worker compensation benefits. This is where the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) comes in. We can provide you an experienced attorney who will not settle for the bare minimum when it comes to damages you can claim. We are known for our aggressive representation tactics and are not afraid to go head to head with powerful and private employers. Get in touch with us in Schaumburg, IL today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Employer Retaliation – Top Signs to Look out For](https://chicagolegalcounsel.com/employer-retaliation-top-signs-to-look-out-for/) **Published:** December 28, 2020 **Author:** msaawe **Content:** [Workplace retaliation for whistleblowing](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57) is illegal in Illinois and you can get compensated for it, provided you have a competent attorney on your side. If you brought illegal practices to the light, your employer might show his/her displeasure by retaliating subtly. Here are some of the top subtle signs of employer retaliation you may not be aware of. ## You Are Left out At Work The silent treatment is innocent in grade school, but it can take on malicious proportions in the workplace. If your colleagues or employer start to exclude you from work-related conversations when they never did before, they may be retaliating against you. A common example of this is exclusion from meetings that everyone is attending but you never received a memo for it. ## You are Reassigned to a Different Department or Shift One of the most common ways disgruntled employers can retaliate against employees is by shifting them to other departments or shifts. This can be due to one of two reasons. They may not want to work with you anymore or they may be trying to make your life difficult, so you have no choice but to quit. If you were working in marketing, but were suddenly shifted to another department after you made a complaint, you are being retaliated against. Yes, you can quit and find a job where you will not face such issues, but do you really want to be booted out just for doing the right thing? ## What to Do if You Think Your Employer is Retaliating Against You If you are being treated unfairly in the workplace just because you made a complaint about say a supervisor who was sexually harassing you, talk to HR first. If they fail to take action or take minimal action, file a retaliation complaint with the [Equal Employment Opportunity Commission (EEOC).](https://www.eeoc.gov/) You may have to contend with certain time limitations so make sure you also get legal advice as soon as possible. This is where the attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) can prove invaluable. We understand such concerns on an intimate level and are not afraid of going head to head with powerful employers if it means you can get the compensation you deserve. We have litigated over 500 cases in federal court which include cases against Fortune 500 companies and even government entities. Get in touch with us for a consultation in Schaumburg, IL today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How the Illinois Whistleblower Act Protects You from Wrongful Termination](https://chicagolegalcounsel.com/how-the-illinois-whistleblower-act-protects-you-from-wrongful-termination/) **Published:** January 27, 2021 **Author:** msaawe **Content:** Illinois is a state that has ‘[“at-will employment”](https://www2.illinois.gov/idol/faqs/pages/default.aspx), which means that an employer can fire an employee at any time irrespective of the reason behind the termination. This can lead to problems but there is an exception to this rule in the state called the Whistleblower Act. ## What Is the Whistleblower Act? The Illinois Whistleblower Act protects and rewards employees who expose corrupt practices in their workplace or wrongdoings. The Act also protects them against retaliation if their employers find out about their complaints by prohibiting them from doing it. Employers cannot retaliate against employees who: - Take part in an investigation to reveal illegal activity or refuse to take part in something that violates state laws. - Reveal information to law enforcement that they believe can violate state laws and regulations. Before disclosing any information, employees should make sure that they are 100% correct in their estimations. This includes determining whether the issues and activities can be interpreted as violations or not. If they fail to do this and their information turns out to be false, the Act cannot protect them against libel. Prohibited Acts by Employers ## Prohibited Acts by Employers As per the Illinois Whistleblower Act, employers are prohibited from doing the following: - Retaliating against employees who disclose certain information that incriminates them. - Create, adopt, or implement any company policy that prevents employees from disclosing information to the government or a federal agency if they believe they are breaking the law. - [Threaten an employee with retaliation](https://www.eeoc.gov/facts-about-retaliation). Please note that you cannot claim punitive damages under the Act. However, you can file a lawsuit of retaliatory discharge in court within 5 years of that act. Just make sure that you have an Illinois employment law attorney by your side from the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/)[.](https://chicagolegalcounsel.com/) We understand these concerns and can help you get the compensation you deserve. We have been working for clients like you for close to three decades and know what it takes to win cases where the chips seem as if they are stacked against you. During that time, we have managed to create an impressive track record of over 500 employment cases that were fought in federal court. This includes cases against powerful adversaries such as Fortune 500 company execs who can get quite aggressive, but who we never back down against. Get in touch with us for a consultation in Schaumburg, Illinois today! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Age Discrimination in The Workplace](https://chicagolegalcounsel.com/age-discrimination-in-the-workplace/) **Published:** February 16, 2021 **Author:** msaawe **Content:** If you are 40 years of age or older and you have been discriminated against in the workplace because of your age, you can sue as per the [Age Discrimination in Employment Act (ADEA).](https://www.dol.gov/general/topic/discrimination/agedisc) This federal law protects employees in your age bracket from unlawful age discrimination. ## Top Examples of Age Discrimination in The Workplace [Age discrimination](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) can be subtle or overt. Here are some ways you may be being discriminated against because of your advanced age: - You got fired because your boss prefers to keep younger employees on the payroll who can be paid less. - An employer refuses to hire you because you don’t look young. - You received a negative evaluation of your job because you are unable to take on projects that a younger employee can. - You did not receive a promotion that you deserved and which went to an employee who is younger but less experienced than you. - You were laid off during a company layoff in which younger and less experienced workers were kept onboard because your employer could afford to keep them. - Your supervisor would make age-related remarks about you before you were fired. If you experienced any of the aforementioned, you can sue your employer for age discrimination. ## Which Employers Are Covered? Not every employer can be sued for this type of discrimination. The law applies to those employers who have at least 20 employees, whether they are state or federal. It also applies to employment agencies, the federal government, and labor unions. However, the law is not applicable to independent contractors and elected officials. You may not be able to determine the number of employees your employer may have, but that is nothing that an experienced workplace discrimination attorney cannot uncover. ## What You Can Do Due to the complexities and differences between federal and state laws, you may face some challenges in your case. Here are some things you can do to streamline the process: - Write down any hints, remarks, or acts that were directed at you because of your age. This includes the circumstances surrounding the experiences. - Check out company policies that are based on age discrimination. If they contain options to address such conduct, you may not have a case. The best thing to do is to consult with an attorney. Both state and federal laws protect employees against discrimination and unlawful treatment in the workplace. Don’t fear for job security. The [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) can ensure you get the compensation you deserve and can get a job after. Get in touch with us in Schaumburg, IL for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Does the Family and Medical Leave Act Cover Illness from COVID?](https://chicagolegalcounsel.com/does-the-family-and-medical-leave-act-cover-illness-from-covid/) **Published:** February 26, 2021 **Author:** msaawe **Content:** ## What Is the Family and Medical Leave Act? The coronavirus has wreaked havoc in [Illinois](https://www.dph.illinois.gov/covid19/covid19-statistics) and across the globe making sick leaves mandatory. The [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) allows employees 12 weeks of unpaid job protection if they have serious health conditions. It also protects qualifying family members. During the pandemic, this act has proven invaluable because it does cover the illness. That’s because COVID patients require care or continual treatment by a health care provider in case the patient has to go on a ventilator. However, unless you fulfill the following criteria, you cannot benefit from the Act: - You have been employed by the company for 12 months. - Your employer has over 50 or more employees on the payroll and who work onsite or within 75 miles of the worksite. - You have completed over 1,250 hours during the 12 months before you take the FMLA leave ## When Can You Take A FMLA Leave For COVID-19? If you are unable to do your job properly because of health conditions caused by the virus, you can take your FMLA leave. It’s the same if you would take sick days off if you caught the flu. While the flu is not necessarily categorized as an impairing disease, it can be treated as such if it results in hospitalization or inpatient care. It should also involve incapacity that lasts for more than three consecutive days and should also involve either of the following: - In-person treatment by a healthcare professional at least once, which also results in other treatments down the line such as antibiotics. - In-person treatment twice or thrice within 30 days after the first time the employee was incapacitated. However, this duration is flexible in keeping with any extenuating circumstances that crop up during hospital visits. By ‘incapacity’ we mean the employee’s inability to perform basic job functions, attend a school or take care of daily activities that were not a problem for them otherwise because of their serious health condition. If your employer is refusing to allow you to take FMLA leave because you have COVID, you can file a lawsuit against him/her for denying you those basic rights. At this point, you should hire an experienced employment attorney from the [Law Offices of Joshua McCann](https://chicagolegalcounsel.com/) in Schaumburg, IL right away. He has an impressive track record of protecting employees such as yourself from unlawful treatment in the workplace and this includes denial of FMLA leaves. Get answers to tough questions by booking a consultation with him or by filling out and submitting this [online contact form.](https://chicagolegalcounsel.com/contact) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Is There a Time Limit for Filing a Wrongful Termination Claim?](https://chicagolegalcounsel.com/is-there-a-time-limit-for-filing-a-wrongful-termination-claim/) **Published:** March 5, 2021 **Author:** msaawe **Content:** Illinois is an ‘[at will’ state](https://www2.illinois.gov/idol/faqs/pages/default.aspx#:~:text=Illinois%20is%20an%20%22employment%20at,without%20any%20reason%20or%20cause.). While it means that employers can fire employees without an extended notice or explanation, wrongful termination is [against the law](https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/employment-at-will-isnt-a-blank-check-to-terminate-employees-you-dont-like.aspx). If you think you are the victim of unlawful firing, you have 180 days from the time you knew or should have known that you were victimized. ## The Statute of Limitations A statute of limitations is basically a deadline that is set by law for filing lawsuits. Once it passes, your claim will not be actionable. These can vary from six months to a year or longer depending on the case and the circumstances surrounding it. While judges usually dismiss cases that are filed post statute of limitations, there are exceptions. However, only a skilled and experienced employee can guide you through options that a judge will not dismiss. Rather than relying on friends or family who have been through similar cases, consult with a professional litigator for your unique situation. They are more aware of changes in the law than the people you know are and can give reliable advice. ## What Is Wrongful Termination? If you have been wrongfully terminated from your job, your lawyer will argue that you deserve compensation because your employer violated exceptions to the ‘at will’ rule. These include the following: - Discrimination - Termination of employment for protected work time. - Employment contract violation. - Retaliation for protected action Employers can fire employees within reason. However, as per Illinois law, protected workers cannot be fired for reasons pertaining to the reason why they are a protected class. So if your employer terminates your employment on the basis of your sex, religion, gender, citizenship status, marital status, and other things you cannot control, they can be sued. The law applies to all employers in the state who have 15 more employees with some exceptions. For example, age discrimination applies to those who have 20 employees or more, and employers who have four or more employees cannot discriminate against workers when it comes to their citizenship status. However, all Illinois lawyers have to comply with the law the prohibits disability discrimination. Additionally, they are not allowed to fire employees for a rightful action they take such as asking for [worker’s compensation](https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx#:~:text=Illinois%20law%20requires%20employers%20to,employment%20is%20localized%20in%20Illinois.&text=An%20employer%20that%20knowingly%20and,a%20minimum%20fine%20of%20%2410%2C000.) or reporting sexual harassment in the workplace. If you think you have been fired wrongfully, you have every right to sue your employer. It is not just unfair, it is also illegal. Get in touch with us for a consultation with our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Properly Document Employer Retaliation](https://chicagolegalcounsel.com/how-to-properly-document-employer-retaliation/) **Published:** March 26, 2021 **Author:** msaawe **Content:** When employers fire an employee, they try to keep it under wraps from other employees if they did it out of retaliation. Instead, they point to other ‘issues’ that they faced with the terminated employee. This can be anything from a poor work ethic to attitude problems to performance issues. If the employee was terminated because he/she asked for worker compensation, this is employer retaliation, [which is illegal in Illinois](https://www.workplacefairness.org/whistleblower-retaliation-claim-IL). ## Documenting Employment Retaliation Over the years, Illinois courts have recognized several methods that prove employment retaliation. Some of them include the following: ## Recording the Way It Is Reported You cannot have a claim if you do not have proof that you were discriminated against because you took part in a protected activity. So make sure that you have a copy of the complaint you filed with the employer or HR. This can include emails and hard copies and even calls. ## Prove Employer Awareness You also need to prove that your employer was aware that you participated in the protected activity. For instance, you can produce the form that HR gave you to fill since it has to go through your boss as well. It is also a good idea to prove (if applicable) that he/she knew about the protected activity before retaliating against it. ## Maintain a Paper Trail If you are being retaliated against, chances are your access to your work PC will be cut off at some point to ensure you don’t save any incriminating documents. Be ready to gather evidence from a file that is not connected to company servers. Keep hard copies of all emails or communication you received that are negative in tone. This includes: - Emails that prove a supervisor was micromanaging your work. - Post and pre-protected action employment reviews. - Harassing notes you received from employees or your employer after you took the protected action. - Emails from workers detailing conversations they had with your employer which incriminates him/her. If they told your colleagues about any negative action they were going to take against you, you should have proof of it. - Demotion notices. The aforementioned documents can help your attorney create a rock-solid case that can protect your best interests. At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/), we protect brave [whistleblowers](https://www.workplacefairness.org/whistleblower-retaliation-claim-IL#:~:text=Employees%20who%20engage%20in%20protected,substances%2C%20and%20workers'%20compensation.) who expose illegal activities in their company and other protected actions they participate in. Don’t let your employer get away with employment retaliation. Get in touch with us for a consultation in Schaumburg, IL today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can I Be Fired for Refusing to Work Due to COVID Fears?](https://chicagolegalcounsel.com/can-i-be-fired-for-refusing-to-work-due-to-covid-fears/) **Published:** April 8, 2021 **Author:** msaawe **Content:** As the COVID-19 pandemic continues to take a massive economic toll on national and global markets, unemployment has become a substantial concern not only in the US but all over the globe. Wrongful termination of employees has been a serious problem in the past year. What are the rights of employees in a situation like this? Can your employer sue you if you refuse to work due to COVID fears? Let’s obtain the answer in light of the employment law. ## Termination for Refusing to Work Amid COVID-19 Outbreak The stress and fear surrounding the COVID-19 crisis have resulted in certain dangerous behaviors, such as the mistreatment of Asian-Americans due to their perceived connection with the pandemic. Some employers retaliated against employees who raised concerns regarding workplace safety with respect to the coronavirus. Others even went on to fire employees for complying with the stay-at-home orders. Thanks to the law, employees are legally protected against all such harassment and discrimination issues they face at work. If the virus situation in your city is serious, the authorities will most certainly have strict lockdown measures, including the shelter-in-place order. In this situation, if you refuse to turn up to work to comply with the government directive, your employer can’t legally terminate you. If you’ve experienced anything like this, go ahead and file a wrongful termination claim at your earliest. Even if there’s no stay-at-home order, you still have the right to refuse to work in the following conditions: - You strongly feel that existing conditions at your workplace pose an ‘imminent danger’ that can immediately cause severe physical harm or death, and most will individuals agree with you. - You reported the health hazard to your employer. - Your employer failed to address the issue. - The urgency of the situation makes it impossible to seek an inspection from OSHA. If, however, the disease is not highly prevalent in your region and workplace, and no shelter-in-place order is implemented, you can’t simply refuse to work. Your employer is certainly responsible for providing a perfectly safe work environment with proper social distancing measures. You will be required to attend work but have full authority to file a lawsuit against your employer if you believe that proper COVID-19-safety measures aren’t in place. Now that you know your rights against wrongful termination, it’s time to find a reliable employment lawyer to represent you in court. If you’re located in Schaumburg, IL, [Joshua McCann](https://chicagolegalcounsel.com/our-team/josh-mccann/) is the right employment lawyer for you! He has been protecting employees in Illinois for 30 years. Get in touch for a [free initial consultation](https://chicagolegalcounsel.com/contact)[.](https://chicagolegalcounsel.com/contact) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can I Sue if My Employer Replaces Me with a Younger Worker?](https://chicagolegalcounsel.com/can-i-sue-if-my-employer-replaces-me-with-younger-worker/) **Published:** April 22, 2021 **Author:** msaawe **Content:** Since age discrimination violates Illinois state law, very few employers will make it obvious that their decision has to do with the employee’s age. You won’t likely hear words like ‘We want a younger employee in your position’ or ‘You’re too old to stay in the company.’ Yet, if you’re aged 40 or older, and you’ve been replaced with someone under 35, you know you’re faced with age discrimination. This guide explains how to protect yourself in a situation like this, but before that, let’s understand age discrimination: ## What Is Age Discrimination? Under the Age Discrimination in Employment Act (ADEA), it’s not legal for employers to hire, fire, or promote employees or determine their compensation based on their age. When an employer violates this rule with a worker who is 40 years or older, they’re said to be guilty of age discrimination. This can happen if the boss wants to hire younger employees who expect lesser pay, asserting that the organization needs new blood. You’ll notice that most of the workers that were laid-off during the ‘redundancy’ period will be older, whereas youngsters with less experience were allowed to stay. If you’re among the victims of age discrimination, more often than not, you’ll have faced remarks like ‘ancient,’ ‘old school,’ or ‘over-the-hill’ coming from your boss. Let’s find out what to do when faced with age discrimination: ## What to Do when Faced with Age Discrimination Age Discrimination cases tend to be more complicated than other discrimination matters, primarily because you need concrete evidence to establish your claim. When preparing for your case, create a record of any hints, remarks, emails, etc., that indicate age discrimination. Be sure to add the names of the person involved as well as a comprehensive explanation of each act. Also, check the company’s policies about discrimination and grievances. You may find options that might be more feasible to you than suing the employer. If you have no other choice than to file a lawsuit, contact an Illinois age discrimination lawyer to guide and help you through the litigation process. If you’re located in Schaumburg, IL, get in touch with [Joshua McCann](https://chicagolegalcounsel.com/michael-t-smith), one of the most experienced employment attorneys in the region. No matter how complex your case is, he is well-versed in taking on the challenge and protecting you from age discrimination at work. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Protect Yourself From Sexual Harassment in the Workplace](https://chicagolegalcounsel.com/how-to-protect-yourself-from-sexual-harassment-in-the-workplace/) **Published:** June 23, 2021 **Author:** msaawe **Content:** According to the U.S. Equal Employment Opportunity Commission, [60 percent of women](https://www.premierhealth.com/your-health/articles/healthnow/protect-yourself-from-sexual-harassment) experienced sexual harassment in their workplace. Their experiences ranged from inappropriate comments to unwanted touching to coercion, coming from both males and females. Males have also been victims, though. Sexual harassment can include name-calling, physical assaults, offensive jokes, sending inappropriate pictures or objects, unwelcome touching, and more. The harasser can be male or female. So, how do you protect yourself from sexual harassment at work? By following these steps: ## **Steps to Protect Yourself from Sexual Harassment in the Workplace** 1. Before anything else, take the time to read the full definition of sexual harassment. According to Illinois Human Rights Act, [sexual harassment](https://www2.illinois.gov/sites/sexualharassment/Pages/Definitions.aspx) in employment refers to unwanted sexual advances, any conduct of sexual nature, or even requests for sexual favors. 2. Submitting to such conduct may implicitly or explicitly be made a condition of employment or submitting or rejecting the request may affect a decision about your employment. Your decision to comply or disagree with the conduct may also impact your job performance or set up a hostile, offensive, or intimidating work environment. 3. As a next step, study the institutional policies related to sexual harassment at the company you’re working for. 4. As soon as you experience sexual harassment, report the incident to your supervisor. If it’s your supervisor who harassed you, report the case to a higher authority in the company. If necessary, discuss the problem with the human resources personnel. Don’t ever feel fearful about reporting gestures, conduct, or comment from someone that made you uneasy. 5. If it doesn’t put you under further harassment, speak with the harasser directly and tell them that you feel their behavior was inappropriate. 6. Put the incident in writing as soon as you can. This will help you in filing your claim. 7. Turn to your family, colleagues, friends, or your state’s legal authorities for support. ## **Hire an Employment Law Firm** While following the above-explained steps should protect you, if you still face sexual harassment at work, hire an Illinois employment law attorney. Joshua McCann, a respected employment attorney with an impressive record of protecting employees, is here to tackle your case. Serving in Illinois for over 30 years, Joshua McCann truly understands sexual harassment concerns and knows how to secure compensation for what you’ve been through. Book your free initial consultation with the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Discriminated Against For Sexual Orientation? Here's What To Do](https://chicagolegalcounsel.com/discriminated-against-for-sexual-orientation-heres-what-to-do/) **Published:** June 29, 2021 **Author:** msaawe **Content:** Harassment or discrimination on the basis of sexual orientation was included in anti-discrimination protection under [Title VII](https://www.eeoc.gov/sex-based-discrimination) in 2017. This move established that discrimination based on sexual orientation is a form of sex discrimination, which is an already protected category. If you’ve been discriminated against for sexual orientation, read on to study what employee rights you have and what you can do to claim them. Let’s start with the definition of sexual orientation discrimination: ## What is Sexual Orientation Discrimination? Sexual orientation discrimination refers to treating someone differently because of their perceived or actual sexual orientation, such as for being gay, lesbian, straight, pansexual, asexual, or bisexual. Regardless of whether the perception of someone’s sexual orientation is correct or not, if they’re treated differently for this sole reason, they’re believed to be discriminated against. The discrimination may also occur based on a person’s association or support for an individual of a different sexual orientation. Some simple examples can be that you are not hired or promoted, are wrongfully terminated, or face other negative employment actions for having a sexual orientation. Most commonly, you may begin to be treated differently once you come out as homosexual to others at work. So what can you do when faced with a situation like this? Let’s find out: ## What to Do When Faced with Sexual Orientation Discrimination? While many US states have no laws banning sexual orientation discrimination, thankfully, Illinois is not among them. If you have been discriminated against due to your actual or perceived sexual orientation, you’ll be interested in knowing that the Illinois Human Rights Act (IHRA) prohibits harassment or discrimination on the basis of sexual orientation. As a plaintiff, you can file discrimination, retaliation, or harassment cases in the state court. Follow these steps to get started: 1. Gather and preserve available evidence of discrimination, such as phone messages or emails. 2. Compile a list of witnesses. 3. Go through your company’s discrimination policies and information about reporting processes, contractual employee rights, and grievance procedures. 4. Report the issue to an appropriate department in your company, such as HR. 5. Collect and preserve copies of any favorable employment reviews and congratulatory emails. 6. Preserve the documents or evidence against discriminatory offenses you collect at your home so that your employer cannot destroy or alter them to avoid legal trouble. 7. File Your Compliant. ## Hire an Employee Rights Attorney While the above-mentioned steps may sound easy, preparing and filing a claim against sexual orientation discrimination is never easy. Since the discrimination type has only been recently included in the sex discrimination law, and that too in a limited number of states, you need to stay fully prepared and not take any chances. An experienced employee rights attorney in Illinois can be of great help. At the [Law Offices of Joshua McCann](https://chicagolegalcounsel.com/), we have successfully represented gay clients in the Illinois Department of Human Rights. To book your free initial consultation, [contact us](https://chicagolegalcounsel.com/contact/) today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can My Employer Fire Me Over Political Beliefs?](https://chicagolegalcounsel.com/can-my-employer-fire-me-over-political-beliefs/) **Published:** July 12, 2021 **Author:** msaawe **Content:** ## **Illinois Forbids Employers From Discriminating On The Basis Of Political Views** In Illinois, discrimination based on one’s politics happens when an employer makes job decisions based on an employee’s party affiliations, political beliefs, or civic activities. This can be anything from supporting gun control, running for a local school board, or taking part in a protest. So, you have every legal right to hire a wrongful termination lawyer in Illinois, if your employer fires you because of your political beliefs. That is considered discrimination, pure and simple. Additionally, employers cannot maintain records of their employees’ political activities unless the latter submits a written record or allows the former to collect said records. In other words, employers cannot present said records as proof of termination or demotion. In fact, they are not even allowed to discriminate against employees or retaliate for an employee’s off-duty use of lawful products such as social media. ## Political Rights, According to Illinois Law According to [Illinois law](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=696&ChapterID=11), political rights include the following activities: ● Campaigning for or against political candidates ● Speaking out on public policies ● Distributing political literature ● Making public speeches ● Making campaign contributions ● Seeking public office ## **What Employees Can Do** The Illinois Human Rights Act prohibits discrimination in the workplace, but not necessarily for political affiliations unless such acts are for one or more of [these reasons](https://www2.illinois.gov/dhr/FilingaCharge/pages/employment.aspx). The department is not responsible for investigating unfair union practices either or investigating charges against the federal government unless it is for the aforementioned reasons. However, all is not lost. Employees who believe they are being discriminated against on the basis of their political views and it is also connected with their religion, race, gender, etc., are protected. For instance, if your boss fires you after discovering you attended a Black Lives Matter rally that was advocating for police reform, he/she may have targeted you on the basis of your race. That is illegal under federal law and thus grounds for a lawsuit. Similarly, the National Labor Relations Act (NLRA) prohibits employers from taking negative action against employees for union activities. It also protects non-union members who try to get together to improve workplace conditions. Since politics often intersect with these issues, your activities can be protected as per the law. For instance, if you support a senator and his platform for increasing the minimum wage, for example, you might be protected. If that is the case, you can fill out and submit an Employment Complaint Information Sheet (CIS). If the allegations are covered by the Human Rights Act, a charge will be drafted for your signature. This must be done within 300 days of the alleged discriminatory act. So, if you think you were fired because of your political beliefs, file a complaint, and hire an Illinois wrongful termination lawyer from the [Law Offices of Joshua McCann](https://chicagolegalcounsel.com/). You have the right to pursue justice, whether you were discriminated against on the basis of political affiliations, gender, race, or religion. Get in touch with us today so we can fight for the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can An Employer Use My Social Media Against Me When Hiring?](https://chicagolegalcounsel.com/can-an-employer-use-my-social-media-against-me-when-hiring/) **Published:** July 29, 2021 **Author:** msaawe **Content:** When you are at work, you should expect that your privacy is being protected. However, those rights may be violated without your knowledge. In the U.S., the right to workplace privacy is dependent on the state, so protections vary from one to the other. However, in Illinois, employment attorneys are frequently hired to help their clients sue employers who use their social media account against them. ## Amendments To Illinois Right To Privacy In The Workplace Act In 2012, Illinois became the second state to forbid employers from seeking access to their employees’ and job applicants’ social media content and credentials. It was an amendment to the existing [Right to Privacy in the Workplace Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2398&ChapterID=68) and it came into effect in 2013. Employers in Illinois know the Act restricts them from soliciting information to gain access to social media accounts. Before these amendments came into effect, the terms only covered social media sites such as Facebook pages. It now expands to cover personal online accounts used by others primarily for their own personal use. The definition was amended to cover new technologies as they are developed. However, it does not specify whether it includes an employee’s email account such as Gmail. Besides the aforementioned prohibitions, as per the new amendments, employers in Illinois cannot: ✔ Ask employees to open their social media in front of them. ✔ Require that employees add them as ‘friends’ or invite them to join their personal online accounts. If employees suffer from adverse employment action due to their refusal to share their social media credentials, they are protected by the law. If this happens to you, you have every right to hire a Schaumburg employment attorney to fight for compensation. ## Actions That Are Still Permitted However, the amended regulations do not forbid employers from the following: ● Monitoring the use of social media, email, and equipment. ● Creating maintaining legal workplace policies on the use of electronic equipment. This includes addressing an employee’s use of a personal social media account, accessing or operating it during business hours or while connected to the network, or while using an employer device. ● Complying with state and federal laws. ● Asking employees to share specific content that was reported to the employer to ensure compliance with the law or with an investigation regarding legal violations or work-based employee misconduct. If an employer violates privacy laws, employees and job applicants can file a complaint with the [Illinois Department of Labor](https://www2.illinois.gov/idol/Pages/default.aspx). As an employee in Illinois, you should be able to work each day without fearing for your privacy or peace of mind. Unfortunately, that is not always the case. If you think you have been discriminated against or suffered an unfair negative action from your employer because you refused to provide your social media credentials, get in touch with an Illinois employment attorneys at the [Law Offices of Joshua McCann](https://chicagolegalcounsel.com/). We have represented employees throughout Illinois who have been discriminated against or wrongfully terminated in the area for years. Contact us so we can start fighting for your rights today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Do I Do if I Am Fired After an On the Job Injury?](https://chicagolegalcounsel.com/what-do-i-do-if-i-am-fired-after-an-on-the-job-injury/) **Published:** August 18, 2021 **Author:** msaawe **Content:** As per the [Illinois Workers’ Compensation Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68), employees who suffer an on-the-job injury have to undergo medical treatment to heal. The Act provides financial aid to help them pay for said treatments as well as living expenses and bills while they are recuperating. However, some employers may try to avoid this responsibility by firing the employee. ## Claiming Compensation For A Workplace Accident In Illinois Illinois is an ‘at will’ state, which means employers can terminate contracts or fire full-time employees for any reason whatsoever. However, while it is not exactly illegal for them to fire employees if the employee in question suffered an on-the-job injury, they cannot fire them solely for getting injured. For example, if you got injured while working, but your work performance was poor before the accident and your employer has proof, you may not be able to get full compensation. However, if you crashed your truck at work and hurt your back, and got fired for it, you have a case. In fact, even if you hurt your back months ago, never filed a claim, and got fired or quit, you still have a case. However, in this case, you may lose since injured employees have to report their condition within 45 days of their accident. Plus, if your employer refuses to rehire you after you have recovered from your injuries, you have the right to sue them. The same should be the case if they give you a poor reference if you decide to switch jobs post-recovery. A wrongful termination lawyer in Schaumburg can help you understand your options and what can be done to ensure you get the maximum compensation. This includes providing proof that you were wrongfully discharged so that you have a solid case in your hands. Just make sure that you file a claim with the[ Illinois Workers’ Compensation Commission](https://www.illinois.gov/). Otherwise, your employer can have your case dismissed without fear of a lawsuit. ## What Happens To Your Workers’ Compensation If You Are Fired Employers are responsible for paying for medical treatment for workers who are injured on the job. In fact, they also have to provide total disability benefits (TTD) till injured employees are able to return to work or their claim is settled. Your employer cannot take those benefits away legally after firing you and before your claim is settled. This is the case even if your work performance was poor. You have the right to work each day without fear of harassment or retaliation. If you have been fired from your job after suffering a workplace injury, get in touch with us at the Law Offices of Joshua McCann for a free consultation. At this time, you need an experienced and aggressive [wrongful termination lawyer in Schaumburg ](https://chicagolegalcounsel.com/retaliatory-discharge)who will not back down till you get the maximum compensation you deserve. The sooner you get in touch with us the better. An on-the-job injury can have future repercussions if you do not get the medical treatment and compensation you deserve. Get in touch with us today! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What you Need to Know About the Family and Medical Leave Act](https://chicagolegalcounsel.com/what-you-need-to-know-about-the-family-and-medical-leave-act/) **Published:** September 14, 2021 **Author:** msaawe **Content:** If you have to take time off from work to take care of yourself or a loved one who is seriously sick, you should be able to take time off work. Stress resulting from the thought of imminent job loss may exacerbate your condition and circumstances. This is where the Family and Medical Leave Act (FMLA) comes in. ## **What is the Family and Medical Leave Act (FMLA)?** The [Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla) ensures that US employees are allowed up to 12 weeks of leaves per year and can take them without losing their jobs. Additionally, the Act also ensures group health benefits are unutilized during the leaves. In other words, the FMLA helps employees maintain a balance between their work and family responsibilities. The Act also facilitates equal work opportunities for men and women and accommodates valid employer interests. The Act applies to all organizations and private and public schools with at least 50 or more than 50 employees. Employees should receive 12 days of unpaid leaves per year for the following reasons: - To tend to seriously sick or injured immediate family members such as a child, parent, or spouse. - To give birth and care for a newborn child. - To adopt a child or to provide foster care to a child - To recover from a severe illness. ## **Where FMLA Applies And Where It Doesn’t** The FMLA doesn’t cover all companies. As mentioned before, only those with at least 50 or more than 50 employees can grant their employees this leave. Additionally, if your employer is covered by the Family and Medical Leave Act, that doesn’t mean you have coverage. To become eligible for the FMLA, you have to work for the company for at least a year for 1,250 work hours. Additionally, it would be best if you also work at a location where your employer has over 50 or more than 50 employees to be eligible. They can also be within a 75-mile radius to ensure your eligibility. ## **How to Apply for FMLA Leaves** Employees who wish to take an FMLA leave need to give prior notice to their employers. If, for instance, taking the leave is imminent (for surgery or to give birth, for example), you have to submit your notice 30 days beforehand. If you find out you need to take the leave within this duration or urgently (to take care of an injured family member, for instance), submit your notice as soon as possible. Adhere to your employer’s call-in procedures unless you are incapable of doing so. If you are denied leaves under the FMLA, you have grounds to sue your employer and receive the compensation you deserve. Your word may not be enough, and your employer/the insurance company will do everything in their power to come out on top. At Law Offices of Joshua D. McCann, we have [skilled employment lawyers in Chicago](https://chicagolegalcounsel.com/employment-law/) who will ensure your rights are protected at a time when you are at your most vulnerable. We are not afraid to get aggressive if it comes down to it! Get in touch with us at our Schaumburg, IL offices for a consultation today! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Why You Need to Hire an Attorney if Fired Over Religious Beliefs](https://chicagolegalcounsel.com/why-you-need-to-hire-an-attorney-if-fired-over-religious-beliefs/) **Published:** October 4, 2021 **Author:** msaawe **Content:** Religious discrimination at work can take a toll on your emotional and psychological well-being. It is important to note that it is also [illegal in Illinois](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2272&ChapterID=64). Hiring a wrongful termination lawyer in Naperville should be your priority if you are fired for your religious beliefs. ## What Is Religious Discrimination? If a job candidate or an employee has negative experiences or is treated poorly at their workplace because of their religious beliefs, they have cause to sue. As per state and federal laws, employers cannot discriminate against their employees based on their religion or beliefs. This type of discrimination usually occurs when there is a conflict between work hours and worshipping hours. Besides accommodating work hours for religious employees, employers should also make reasonable accommodations for employees with specific religious practices. An excellent example of this is allowing employees to take Sundays off as per religious beliefs and accommodate their work hours accordingly. However, this doesn’t mean that the employer has to face undue hardship to be accommodating. Accommodations can be granted as per work standards. As per Title VII of the[ Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64), employers cannot harass employees because of their religion or religious beliefs. This can be offhand comments or simple teasing, incidents that are frequent enough to merit an investigation. Isolated incidents, on the other hand, do not fall under this category. ## Why You Should Hire A Wrongful Termination Lawyer In Naperville If You Are Fired For Religious Beliefs Without a wrongful termination lawyer in Naperville in your corner, your employer may get away with religious discrimination. Unlike a lawyer, you may not have the knowledge or resources to make them take responsibility for their actions. As per Illinois law, no employer can make job decisions based on religious beliefs, even if the employee in focus is an atheist. For instance, employers: - cannot refuse to hire Catholics, Muslims, or Jews or make them undergo punishments more harshly than other employees. - Force employees to adopt their religious beliefs or criticize them for lack of theirs’. - Favor employees of a particular religion and refuse to hire employees that have other religious backgrounds. In either of these cases, proving that the employer is displaying religious discrimination can be tricky unless you have an experienced lawyer in your corner. If you were fired because of your religious beliefs, your lawyer could help you collect evidence that proves your case. However, discrimination can be easier to verify if an employer admits they are religiously biased. On the other hand, while direct evidence can be challenging to acquire, your attorney can collect circumstantial proof to strengthen your case. [Wrongful termination lawyers in Schaumburg](https://chicagolegalcounsel.com/employment-discrimination) who have decades of experience working on such matters and are passionate about their work can ensure you get the compensation you deserve. Call the Law Offices of Joshua D. McCann, LTD in Schaumburg at [(847) 450-1103](tel:8474501103) for a consultation today. We are eager to take on clients who have been the targets of discrimination at work based on their religion, race, or origin. You may not be aware of this, but there are protections in place that can defend you against such negative actions. You can also contact us if you think a colleague is being discriminated against and is too afraid to approach a lawyer. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Are Examples of Retaliatory Discharge?](https://chicagolegalcounsel.com/what-are-examples-of-retaliatory-discharge/) **Published:** October 13, 2021 **Author:** msaawe **Content:** If you were fired for filing a complaint against your company, you were discharged in retaliation as per Illinois law. Retaliatory discharge is an offense in Illinois that carries severe consequences. Here are some of the top reasons/complaints that can compel a disgruntled employer to fire an employee: ## 1. Sexual Harassment Sexual harassment should never be tolerated, much less in a workplace where you are supposed to feel safe. If you have been harassed at work and think your boss fired you because of your complaint, you should contact a Chicago employment law attorney as soon as possible. The offense is covered under the [Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and is thus punishable by law. If your claim is valid, you can also get back pay from the day you were fired to when you were either reinstated or received a settlement. With the right attorney, you can also receive compensatory damages. ## 2. Race Discrimination The law is quite clear when it comes to race discrimination in the workplace. As per state and federal laws, employers cannot mistreat employees because of their race or skin color. Racial segregation can take on multiple forms. It can include employee segregation in which those who have a specific skin tone or race are placed together. If your complaint resulted in employment termination, you have grounds to sue your employer-provided you have an experienced Chicago employment law attorney in your corner. ## 3. Age Discrimination Were you fired for something that your colleagues got away with? If you are above 40 years of age and believe it affected your employer’s decision, you may be the victim of age discrimination. The good news is that if that is the case, you are protected as per the [Age Discrimination in Employment Act (ADEA)](https://www.eeoc.gov/laws/statutes/adea.cfm). This covers several employment processes such as payroll benefits, layoffs, and promotions. The fact is that older workers also have legal rights in the workplace, and as such, they also have the right to hold their employer accountable for unfair actions. ## 4. Wage and Hour Disputes/Unpaid Overtime Do you have unpaid wages, commissions, or overtime that your employer refuses to pay? Determining wage and hour salaries can be a challenge, but you should be able to receive what you are due from a legal point of view. If your boss fired you because you asked for owed money, you have grounds to sue as per the [Fair Labor Standards Act (FLSA)](https://www.wenzelfenton.com/practice-areas/payment-disputes/flsa-wage/%22). Just make sure you have proof in the form of pay stubs, your employment contract, company policies, and anything else that proves outstanding payments. The more information you have, the better. ## Contact the Law Office of Joshua McCann for a Consultation for Retaliatory Discharge You should be able to work every day without fear of harassment or hostility. If you think you were fired because you complained about workplace discrimination or harassment, you should pursue justice with help from the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). We will assign an experienced [Chicago employment law attorney ](https://chicagolegalcounsel.com/employment-law/)to your case in Schaumburg, IL. Get in touch with us today and get the justice you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Is Covered By the Civil Rights Act of 1964?](https://chicagolegalcounsel.com/what-is-covered-by-the-civil-rights-act-of-1964/) **Published:** November 1, 2021 **Author:** msaawe **Content:** If you have ever been discriminated against in the workplace and received justice in the form of a settlement, you should thank the people behind the Civil Rights Act of 1964. The Act was monumental in ending employment discrimination and other discriminatory acts that made the lives of women and people of color miserable. ## What is the Civil Rights Act of 1964? The Civil Rights Act of 1964 is a landmark ruling that prohibits discrimination based on color, sex, religion, race, and national origin. The Act was signed into effect by President Lyndon B. Johnson, and it also granted the individuals mentioned above equal access to schools, employment, and public spaces. We mean restaurants, parks, theatres, courthouses, hotels, and even sports arenas by public spaces. ## The Legacy of the Act The Act triggered reforms on several aspects of American life. Title VII prohibited employers and labor unions from discriminating against employees based on their religion, race, and national origin. It led to the creation of the [Equal Employment Opportunity Commission](https://www.eeoc.gov/), which allowed employees to file lawsuits. The Act also forbade federal employees from using federal funds to create or maintain discriminatory programs. It also forbade segregation in schools, empowered the Commission on Civil Rights, and forbade unequal voting requirements. Additionally, the Act was also expanded to cover disabled Americans and the elderly. The Act also energized feminists, which led to the founding of the National Organization for Women (NOW) in 1966. Because of the Act, a woman could get gainful employment even if she had children. Emboldened by these achievements, Congress expanded the Act to cover pregnant women to ensure they would not face restrictions in their public and private life. It also paved the way for the Voting Rights Act, which forbade the use of discriminatory voting practices such as literacy tests, and the [Fair Housing Act](https://www.investopedia.com/terms/f/fair-housing-act.asp#:~:text=The%20Fair%20Housing%20Act%20is,add%20disability%20and%20family%20status.), which forbade discrimination in the rental, sale, and financing of property. Even though racism is still rampant today, you can get the compensation you deserve if you sue for retaliatory discrimination. That would not be possible today if the Civil Rights Act did not exist. ## Contact the Law Offices of Joshua D. McCann, LTD Employment discrimination can ruin your life and prospects. You shouldn’t have to go to work each day scared you will be harassed or discriminated against. The good news is because of the Civil Rights Act of 1964, you don’t have to put up with that behavior. If you think you are being discriminated against because of your race, color, sex, and religion, get in touch with our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) today. You will receive a free initial consultation once you hire an employment law attorney in Schaumburg from our office. That way, we can assess your case thoroughly and create a strategy to ensure you get the compensation you deserve. Bring as much relevant information as possible to the first meeting for a solid strategy. The time to act is now! Get in touch with us today so you can get the maximum compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Is Illinois A Right To Work State?](https://chicagolegalcounsel.com/is-illinois-a-right-to-work-state/) **Published:** December 7, 2021 **Author:** msaawe **Content:** As of April 2019, Illinois is not a right-to-work state. The legislation was signed into effect by Governor J.B. Pritzker, which rolled back the protections that Lincolnshire had established in 2015. The decision was later [overruled by the federal court](https://www.chicagotribune.com/suburbs/lincolnshire/ct-lsr-right-to-work-law-overturned-tl-0109-20170109-story.html), which ruled that only states have the authority to adopt laws. ## What Is Right-To-Work? Also known as the Workplace Freedom or Workplace Choice law, right-to-work law allows workers the right to choose whether they wish to join a workplace union or not. States that have this law ensure that workers are not forced to pay union dues and other membership charges needed for union maintenance and representation whether they are members or not. The law addresses the clause many companies include in their policy for union security. The policy states that the employer has the right to fire an employee who fails to pay their membership dues or other charges required by a workplace union. Federal law legalizes union security clauses in company policies, but employers cannot include that clause in work contracts if a state passes a right-to-work law. So if a state such as Illinois elects to be a right-to-work state, that means workers will not have to worry about losing their jobs if they refuse to finance or support a union. The more workers opt out of a union, the less revenue the latter gets from the employees it represents. However, since Illinois is an at-will state, employers can fire their employees at any time and for any reason whatsoever. On the other hand, they can only do so for legal reasons. So if you think your employer has fired you or is harassing you based on your skin color, age, gender, nationality, or place of origin, you should get help from Chicago employment lawyers and sue for damages. You can also file a lawsuit against [employers that give you a hard time for jury duty](https://www.ilga.gov/legislation/ilcs/documents/070503050K4.1.htm). As an employee in Illinois, you should not have to face each day at work completely stressed out because of harassment or the threat of termination. If you think your employer is making your life difficult to make you quit your job or for any reason, you have the right to sue for damages. ## Contact the Law Offices of Joshua D. McCann, LTD Whether you are being discriminated against because of your race, gender, age, or any illegal reason outlined in the Civil Rights Act, you should get the compensation you deserve. Contact the Chicago employment lawyers at [The Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) and get a free consultation. We are known for aggressive representation and do not back down if our clients are compensated for their loss. A single look at Law Offices of Joshua McCann resume is enough to convince anyone that he is the perfect lawyer for anyone who wishes to file a workplace discrimination claim. From a stint in the US Army to several years in the Downers Grove Police Department, he served the community and the nation from the get-go. A consultation with him is just a phone call away. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Recourse Do I Have if My Job Environment Is a Hostile Workplace?](https://chicagolegalcounsel.com/what-recourse-do-i-have-if-my-job-environment-is-a-hostile-workplace/) **Published:** December 28, 2021 **Author:** msaawe **Content:** A peaceful work environment is every employee’s right, as per [Title VII of the Civil Rights Act of 1964](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=005002050K3c). As per the law, a hostile work environment is one in which an employee is subjected to harassment or unfair treatment resulting in an atmosphere where they feel threatened or intimidated. If an employee is discriminated against based on their race, religion or was sexually harassed, they are in a hostile work environment. ## What You Can Do If You Have a Hostile Work Environment Any individual who claims a hostile work environment has to prove its existence with fact-based details. That’s because, in Illinois, the burden of proof falls on the ones making the claims, i.e., the one being bullied or harassed. So it would help if you wrote detailed notes on the work environment you experienced and how it affects your ability to perform work duties. Additionally, you also need to prove that the treatment was pervasive, severe and that you were targeted. That is the best way to prove that the offender was hostile to you specifically. The court will assess your case from a reasonable person’s point of view. The crux of proving a hostile work environment under Section VII is sufficient evidence. Save documentation that you can use to prove you were harassed in court. This can be anything from saving emails or voicemails to videos showing your employer harassing you or another employee. It doesn’t matter if you are working from home. Any harassing communication that extends from your workplace to your home can be considered as viable evidence. Do not hesitate to record any efforts you made to report that hostile work environment or harassment that you made to HR or your employer. If you filed a report with either of them, that means your employer was aware of your circumstances and distress. The court will value your claim if you prove you took measures to report the incidents long before you filed a lawsuit. Also, keep a record of unreported harassment claims to prove to the court that the treatment was pervasive. Identify witnesses that may have seen those interactions and who can be relied upon to testify during a trial if necessary. ## Why You Should Hire an Employment Rights Lawyer in Chicago Proving a hostile work environment can be a challenge, but not if you have an employment rights lawyer in Chicago in your corner. They can help you make a compelling case, ensure your rights are protected and that you can get the compensation you deserve. This is important because offenders (accused employers) may try to avoid liability by claiming: - You did not use the procedure that was in place to report or remedy the alleged harassment claim. - They took reasonable care to prevent or correct the behavior after you reported it. - You failed to report the incidents as per workplace policies. ## Contact the Law Offices of Joshua McCann If you are experiencing a hostile work environment and have done everything possible to try and correct it, speak to an employment rights lawyer in Chicago at the [Law Office of Joshua McCann](https://chicagolegalcounsel.com/) first. Otherwise, you may not get unemployment benefits or compromise the value of your claim later. An attorney from our firm can help you understand your options and ensure you get compensated. Contact us for a free consultation today! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Can I Do When My Employer Won't Let Me Take Off Under FMLA?](https://chicagolegalcounsel.com/what-can-i-do-when-my-employer-won-t-let-me-take-off-under-fmla/) **Published:** January 12, 2022 **Author:** msaawe **Content:** At some point in time, you will need to take time off work. A family member may need your assistance, or you may have to be hospitalized. In this case, [FMLA](https://www.dol.gov/agencies/whd/fmla) can ensure you don’t go in the red, and you have a job to return to. Your employer cannot force you to work during your leaves or retaliate against you when you send in a request for the leaves. ## When Employers Violate FMLA Rights If your employer refuses to accept your FMLA leave request, and there is nothing wrong with your application, they are in the wrong. In this case, you can and should file a complaint with the US Department of Labor, or sue them with help from Schaumburg employee rights lawyers. The Family and Medical Leave Act (FMLA) is a federal law that protects employees like you who need to take some days off for medical or personal reasons. If you are eligible for them, your employer cannot take that right away from you legally. However, they have the right to refuse if you do not qualify for it. You are only entitled to the leave if: - You have worked for the employer for at least 12 months or at least 1,250 hours before requesting leaves. - Your employer is covered, i.e., he has over 50 employees, all of who work within a 75-mile radius. ## What You Can Do If Your FMLA Leaves Are Denied The first thing you should do if your FMLA leaves are denied is to figure out why. Request an inquiry into the matter. Keep in mind that you have to fulfill the factors mentioned above before your request is considered. Get in touch with Human Resources and ask them to send you a record of your work hours. If they prove you have worked over 12 months and completed over 1,250 hours of work and the company has more than 50 employees, you file another request. If that is rejected as well, you have two choices. You can complain to the US Department of Labor, or hire a Schaumburg employee rights lawyer to sue your employer. Before hiring an attorney, make sure that you have checked all of the requirements mentioned above and your medical/personal issue falls in the [FMLA category](https://www.dol.gov/general/topic/benefits-leave/fmla). They will work with you to get you the leave if you are eligible for it. If your employer knows you are hiring a lawyer, they may try to renegotiate. ## Contact the Law Office of Joshua McCann for A FREE Consultation As an employee, you should be able to go to work without sweating bullets. If your employer is harassing you or refusing to accept your leave request even though you are eligible, you should sue. Don’t delay. Get in touch with[ Schaumburg employee rights lawyers](https://chicagolegalcounsel.com/) at the Law Office of Joshua McCann for a free consultation today. We have represented employees who were wrongfully terminated and harassed by their employers, and are known for our successful track record. Rest assured, we will fight for your rights aggressively. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Signs You Have Been Wrongfully Terminated](https://chicagolegalcounsel.com/signs-you-have-been-wrongfully-terminated/) **Published:** January 26, 2022 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/24896-wrongful-termination-2-9d77daef-300x200.jpg "24896-wrongful-termination-2-9d77daef | Law Office of Joshua McCann")If you have just lost your job, you are going through a tough time. Maybe you saw it coming. However, if you were blindsided, chances are your rights were violated. In this case, you should look into experienced Schaumburg wrongful termination attorneys who can inform you about your rights. Even though Illinois is an ‘at will’ state, employers cannot fire employees illegally. If you were fired and believe you were wrongfully terminated, you can file a claim against it. Determining whether you were or not can be complicated. Here are some top signs that you were fired illegally: ## Your Employment Contract Was Violated If you signed an employment contract that outlines your duties, responsibilities, and benefits, your employer is legally bound to honor them. Even a verbal agreement is legally binding. If you were fired before the time frame mentioned in your contract, you might have a case against your employer. ## You Were Being Discriminated Against at Work In Illinois and most states, for that matter, employers cannot discriminate against employees because of their gender, race, sexual orientation, age, disability, or origin. Plus, you also cannot be fired if you are pregnant or follow a religion your employer doesn’t agree with. In any of these cases, you can complain to the [Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/). ## You Were Treated Unfairly at Work Because of A Disability If you have a disability, asked for reasonable accommodation for your job, but still had to fill out unemployment claims, you were discriminated against. People with disabilities are also protected, which means they cannot be fired because of their disability. Your employer should make adjustments to your workspace to make you comfortable, and even modify your role if need be. The fact is that they can do a lot to ensure you remain employed and are comfortable in their employment. As per the Americans with Disabilities Act (ADA), if you have a physical or mental impairment, and experienced an illness or injury that merited a few days off, your employer should accommodate you. If you were fired because those reasons, you can file a wrongful termination claim and sue your employer for damages. ## Contact the Law Office of Joshua McCann for A Consultation Today! As an employee in Schaumburg, IL, you have the right to ask for reasonable accommodation for a disability, injury, health condition, or anything preventing you from working. If you were fired because your employer didn’t want to accommodate you, you can and should sue them with help from [Schaumburg wrongful termination attorneys](https://chicagolegalcounsel.com/) at the Law Office of Joshua McCann. Whether the discrimination was based on race, gender, age, or any other factor, you have the right to pursue justice. We have represented wrongfully terminated employees for years and have a strong track record of successful cases. Get in touch with us for a free consultation today! Don’t stand for mistreatment. We can help you get the compensation you deserve! The legal process can be long and arduous if you don’t have experienced lawyers in your corner. Reach out to us with any concerns or queries you may have. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Rights Are Protected by The Whistleblower Act?](https://chicagolegalcounsel.com/what-rights-are-protected-by-the-whistleblower-act/) **Published:** February 11, 2022 **Author:** msaawe **Content:** The state of Illinois recognizes ‘at will’ employment. This means that any employer there can fire a worker for any reason whatsoever. It may sound unfair, but there are certain exceptions to this rule. One of those falls under [**The Whistleblower Act**](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495&ChapterID=57#:~:text=An%20employer%20may%20not%20make,law%2C%20rule%2C%20or%20regulation.). ## What is The Whistleblower Act? The act was introduced to protect and reward employees who expose corrupt employers, wrongdoings, and other fraudulent behavior and practices in their workplace. It also protects them against retaliation from disgruntled employers. The act applies to all employers in the state, whether they have one employee or several, and it also covers both state and local government entities. The Whistleblower Act protects employees who disclose information they think is evidence regarding: - Gross mismanagement. - Law, regulation, and rule violations. - Significant abuse of authority. - Significant waste of funds. - Substantial danger to public health or safety. ## What Employers Cannot Do You can hire a Chicago employment rights attorney to sue your employers if they: - Retaliate against you, or employees who refuse to participate in activities that violate fate and federal laws. - Adopt, or make rules, or policies that prevent workers from disclosing information to a government or law enforcement agency. - Threaten retaliation or retaliate against workers who disclose information. ## What Employees Can Claim in Damages You can pursue damages from your employers if they are found guilty of any of the above-mentioned actions. Some of the damages you can claim with help from a Chicago employment rights attorney include the following: - Back pay for lost wages complete with interest. - Reinstatement to the job you had before the retaliation. - Damage compensation includes fees for expert witnesses, litigation costs, and attorney charges. ## Filing a Whistleblower Claim in Illinois You could file a lawsuit against retaliatory discharge with the [**Illinois Department of Human Rights (IDHR)**](https://www2.illinois.gov/dhr/Pages/default.aspx) if you were let go because of something you revealed to the authorities. However, it has to be done within 180 days of the retaliatory action. Do it well, and you can get the damages mentioned above. A dedicated Chicago employment rights attorney can ensure you get the maximum compensation possible. For complaints regarding occupational safety and health, you need to contact the Illinois Department of Labor. Make sure you file it within 30 days of the retaliatory action. The department will investigate your claim and pursue legal action against your employer on your behalf. ## Were You Fired Because You Complained? Contact the Law Office of Joshua McCann The last thing you should be worried about when you work is termination and harassment. A stress-free workplace is a fundamental right that no one should be able to take away from you, least of all your employer. If you think you or someone you know has been the victim of workplace discrimination or retaliatory action because of your complaint, get in with the [**Law Offices of Joshua D. McCann, LTD**](https://chicagolegalcounsel.com/) today. Book a free consultation with us and start fighting for the outcome you deserve before it is too late. You only have a few years to do this before your claim is invalid in Schaumburg, IL. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Why All Americans Should Have Maternal and Paternal Leave](https://chicagolegalcounsel.com/why-all-americans-should-have-maternal-and-paternal-leave/) **Published:** February 26, 2022 **Author:** msaawe **Content:** When you are about to give birth or waiting on your partner to do so, ensuring you are there during their first forays into the world should be a priority. It is the best way to create a bond with your child that can last a lifetime. Unfortunately, the US has yet to introduce a nationwide paid parental leave program that can ensure this, to its detriment. ## Covid-19 and How It Has Triggered Policy Changes The Covid-19 pandemic has devastated families across the nation. In response to the sheer number of victims, federal policymakers made a temporary paid family and medical leave program under the[ **Families First Coronavirus Response Act**](https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave). While not all workers can claim its benefits, the act recognized that they should take time off to attend to their families, especially when a new member is about to make their debut in the world. They should be able to take parental or family leave without worrying about retaliation, their jobs, or their wages being cut. The success of the act has led policymakers to consider a permanent and broader program of paid maternal/paternal and medical leaves. ## Why All Americans Should Have Paid Parental Leave The United States is the only wealthy nation in the world that does not have a national paid leave program. All we have are several local, state, and federal policies. Some federal laws offer unpaid leaves to workers but no national paid leaves. Most employers do not voluntarily provide paid medical or family leave. Some of the top benefits they get to enjoy if they offer companywide parental leaves include the following: ### Increased Employee Retention Employee turnover rates affect bottom lines. According to [**American Progress**](https://www.americanprogress.org/article/there-are-significant-business-costs-to-replacing-employees/), employers have to pay 21% average base salary to replace an employee. This is why most women leave the labor force one year after having a child. Paid parental leaves can encourage employees to return to work. ### Attract and Retain Skilled Talent Organizations that offer paid parental leave ensure their employees stay with them until they become assets. They also benefit by attracting top talent who come on their heels. This is true for both working men and women who are expecting children. In a competitive market, every benefit that a company can offer its employees can be the key to their success. ### Increase Productivity and Employee Morale If employees know there is a job waiting for them after they have children, they will be more willing to stay on and work harder. Single employees or those who aren’t parents yet may be encouraged to stay on, knowing they can spend quality time with their children when they are finally parents. ## Book a Consultation with Joshua McCann for FMLA Violations Were your rights violated under the Family and Medical Leave Act (FMLA)? You should contact Illinois Family Medical Leave Act attorneys straight away. At the [**Law Offices of Joshua D. McCann, LTD**](https://chicagolegalcounsel.com/), we have years of experience helping victims like you get the compensation they deserve, if not more. Call us at our Schaumburg, IL office for a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Are Fathers Covered For Paternity Leave Under The Family Medical Leave Act?](https://chicagolegalcounsel.com/are-fathers-covered-for-paternity-leave-under-the-family-medical-leave-act/) **Published:** March 7, 2022 **Author:** msaawe **Content:** Whether you are a new father or your wife is expecting another child soon, you can spend time with them after the birth without fearing for your job as per the Family Medical Leave Act (FMLA). If your employer is giving you a hard time regarding those leaves, you should get in touch with Illinois Family Medical Leave Act attorneys and take them to court. ## What is the Family and Medical Leave Act? Under the [Family and Medical Leave Act (FMLA)](https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=84&GA=97&DocTypeId=HB&DocNum=4724&GAID=11&LegID=&SpecSess=&Session=), both parents are allowed up to 12 weeks of unpaid time off after the birth or placement of a child. Besides biological parents, it also covers non-birthing parents and same-sex couples. If you are covered, you can take time off without losing your job. If your employer threatens to fire you or terminates your employment, you can sue them for compensation. However, you can only do that if you are eligible for FMLA benefits. To qualify: - The company you work for should have at least 50 employees within 75 miles of your workplace. So if your employer has that many employees, but they are spread across a wider radius, you may not be eligible for FMLA benefits. - You must have been employed for 25 hours per week for over 50 weeks. ## When Fathers Can Take FMLA Leave Fathers can take FMLA leave for the following [qualifying reasons](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employeeguide.pdf): - An expanding family. This can include the birth of a child and the placement of an adopted or foster child. - To care for a seriously injured or ill family member that requires an overnight stay at the hospital. You can also take the leaves to take care of a pregnant spouse. In this case, your employer should extend the leave to 26 weeks. - A health condition that prevents you from working. All in all, if both parents are eligible to take FMLA leave, they can take the designated 12 weeks off. Mothers can also take leave for issues relating to their pregnancy. This includes the first four weeks of the pregnancy and two months after the child is born. Similarly, the father may take his leave to help raise the child. The leave can only be taken within a year of the child’s birth, foster placement, or adoption. ## Contact Law Offices of Joshua D. McCann, LTD You should be able to work in Illinois without fear of hostility, harassment, or job loss. If your employer is giving you a hard time because you want to take the FMLA benefits you qualify for, get in touch with the Illinois Family Medical Leave Act attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). Workplace discrimination based on race, religion, age, or any other factor is a punishable offense in Schaumburg, IL, and you have the right to pursue justice. We have years of experience representing clients like you who are treated unfairly by their employers and were fired without valid reasons. Get in touch with us today for a consultation. We will fight for the fair outcome you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Are Some Examples of Civil Rights Violations Covered Under the Civil Rights Act?](https://chicagolegalcounsel.com/what-are-some-examples-of-civil-rights-violations-covered-under-the-civil-rights-act/) **Published:** March 21, 2022 **Author:** msaawe **Content:** As per the [Civil Rights Act](https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=The%20Civil%20Rights%20Act%20of%201964%20prohibits%20discrimination%20on%20the,religion%2C%20sex%20or%20national%20origin.&text=The%20Act%20prohibited%20discrimination%20in,and%20the%20desegregation%20of%20schools.), every US citizen has the right to be treated equally and fairly. Civil rights ensure this, particularly for people who have been historically discriminated against due to some group characteristic. This includes their gender, skin color, religion, and other factors that they cannot change and should not be discriminated against. If you think your employer is discriminating against you because of these factors, contact Chicago civil rights lawyers to discuss legal actions. ## Common Civil Rights Violations Here are just some examples of civil rights violations you may come across: ### Racial Discrimination in Housing If you think you were denied housing opportunities because of your skin color or race or because your landlord prefers Caucasians as tenants, you can sue for damages. In this case, the landlord has violated your civil rights by discriminating against you because of your race. ### Refusal of Service Based on Sex or Gender If a waiter or restaurant owner refuses to serve a homosexual man or woman, the latter has grounds to sue. In this case, the former is guilty of violating the civil rights of a patron based on their sexual orientation or identity. Sex discrimination can take on several forms. It can also include unfair treatment or harassment of a person because of their sexual identity (transgender and gay people). Harassing women by disparaging their workplace contributions also comes under this violation. So if your employer fired you, demoted you, or denied you benefits because of your gender, you should contact Chicago civil rights lawyers and file a case against them. ### Denying the Right to Vote As per the Voting Rights Act of 1965, voting practices that deliberately exclude people based on their race, gender or disability are unlawful. No state or locality can pass a law that blocks citizens from voting without breaking the law. ## What You Should Do If Your Civil Rights Are Violated If you believe you have been discriminated against because of the abovementioned factors, you have several options. You can either file a complaint or contact Chicago civil rights lawyers. Whatever you do, don’t stay in your situation as if nothing happened. Be a voice for the voiceless and stand up for your rights. If it is happening to you, it is also happening to others. Get the compensation you deserve for the emotional turmoil you went through. ## Contact the Law Offices of Joshua D. McCann, LTD for a Legal Consultation You spend most of your day at work. If you are being harassed or treated unfairly because of your gender, sexual identity, race, religion, or any other factor, get in touch with our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) for a consultation today. We have years of experience representing people like you who have nowhere else to turn. Our employment attorneys can ensure you get the compensation you deserve, if not more. The longer you wait, the worse your chances of getting maximum compensation. We can help you determine the legal actions that can be taken against difficult employers, so you have nothing to worry about. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Do All Workers Have the Right to Unionize?](https://chicagolegalcounsel.com/do-all-workers-have-the-right-to-unionize/) **Published:** April 11, 2022 **Author:** msaawe **Content:** Forming unions is not illegal. Irrespective of your job or industry, you can form a union or join one legally. You don’t have to belong to a specialized industry or make a certain amount of money to exercise this right. But a Chicago employment rights attorney will tell you that some employees are exempt to prevent conflicts of interest. ## Employees Who Cannot Legally Form a Union Some employees that cannot form legally-protected unions in the state or the nation include those whose role compromises their ability to negotiate fairly with their employers. These include: ### Managers and Supervisors Employees responsible for managing and supervising employees on behalf of their employers cannot join unions. This includes those who have to make critical business decisions based on their judgment such as: - Directing employees, reassigning jobs, or changing workflows. - Making employment decisions (hiring, promoting, or firing). While you can join a union if you are a supervisor or a manager, doing so will not be in your or the company’s best interests. It will just blur the line between worker and employer and also weaken the union against retaliatory action. ### Confidential Employees An employee who has to aid in personal labor issues is ineligible for unions since they are essential in a brand’s bargaining potential. The [National Labor Relations Board’s](https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1) Guide for Hearing Officers includes people who determine, make, and effectuate management policies. ### Employees That Are Employed By a Spouse or Parent These employees are not protected under union rules because of conflicts of interest between them and their family employers. ## Legal Union Activity Besides those mentioned above, any employee has the right to form a union if there is none available at their workplace. Their rights include: - Joining a union whether their employer recognizes it or not. - Creating or attempting to create a union in the workplace. - Aiding anyone in their workplace in forming a union. - Possessing the right to be fairly represented by a union. ## Rights Of Employees Who Are Not Union-Backed If a union does not protect you, you still have some rights as per the NLRA. For instance, you can participate in some ‘concerted activities,’ i.e., when two or more employees take action for protection under certain employment conditions to protect themselves. Single employees can also take part in [protected activities](https://www.nlrb.gov/about-nlrb/rights-we-protect/our-enforcement-activity/protected-concerted-activity) under the authority of their colleagues by bringing specific complaints to their employer to drive group action. ## Contact the Law Offices of Joshua D. McCann, LTD for a Consultation Irrespective of the type of industry you work in or the job you have, you should be able to work every day without fear of harassment or hostility. If your employer is retaliating against you because you want to form a union or creating problems for an existing union, you need an experienced Chicago employment rights attorney. This is where the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/Home) can prove invaluable. We have spent years representing employees like you who have been wrongfully fired or harassed in the workplace. Forming unions is your right. Get in touch with us for a consultation if that right has been violated. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can an Employer Fire Me Because of My Age?](https://chicagolegalcounsel.com/can-an-employer-fire-me-because-of-my-age/) **Published:** April 21, 2022 **Author:** msaawe **Content:** As per the Illinois Department of Labor, [Illinois is an ‘at-will’ state](https://www2.illinois.gov/idol/FAQs/Pages/default.aspx#qst4). This means that employers can fire workers for any reason at any time, as long as their reason isn’t discriminatory. Since we cannot stop time, your employer cannot legally fire you because of your age, even if they think it is justified. So yes, age discrimination is illegal in the state. If you believe you were fired because you were getting older, you should hire a lawyer right away. They will evaluate your claim and recommend the best legal strategy moving forward. ## What Is Age Discrimination? If you are over 40 years old and think a decision about your employment harmed you because of your age, you have grounds for an age discrimination claim. Some of the factors that prove you are being discriminated against because of your age include the following: - You get a negative job evaluation because your employer thinks you were not flexible or spry enough to take on new projects. - You weren’t hired because the employer prefers younger workers over older ones. - You were fired because your employer wanted to hire younger and cheaper labor. - Most of the company layoffs were older, and younger workers were not laid off even if they did not have as much experience as their senior counterparts. - Your boss made age-related remarks about you before firing you (such as calling you ‘ancient’ or ‘old man’). If any of these things happened to you, you were discriminated against because of your age and can sue your employer if you want to. ## What Is the Age Discrimination in Employment Act (ADEA)? Irrespective of the reason behind your age-based termination, you are protected under the [Age Discrimination Employment Act (ADEA)](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967). The law protects employees who are 40 years old or older against employment discrimination. The Act was amended later by the Older Workers Benefit Protection Act Of 1990 (OWBPA) to specifically target employers who denied older employees the work benefits they deserved. Besides age, workers are also protected against sex, race, religion, and disability discrimination in the workplace. Women are more likely to be discriminated against for all of these factors than men. ## Contact the Law Offices of Joshua D. McCann, LTD Some things are out of our hands. Time is one of them. So if your boss is keeping you from a promotion, threatening to fire you, or misbehaving with you because you are older than other employees, you can and should take a stand. With the Chicago employment law attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) in your corner, you can get the compensation you deserve. We are not afraid of going up against aggressive opponents if it means our clients can benefit from our representation. Call us today to book a consultation, whether you consult with your union or not. We will develop a strategy that can protect your best interests and ensure your employer thinks twice before discriminating against future employees or your colleagues. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Should a Living Wage Be Considered a Basic Human Right?](https://chicagolegalcounsel.com/should-a-living-wage-be-considered-a-basic-human-right/) **Published:** May 11, 2022 **Author:** msaawe **Content:** A [minimum wage](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2400&ChapterID=68#:~:text=of%20this%20Act.-,Every%20employer%20shall%20pay%20to%20each%20of%20his%20or%20her,%3B%20(3)%20%249.25%20per%20hour) should cover basic needs, so it should be considered a basic human right. Your living wage should be able to cover your rent, utilities, food for you and your family, and other aspects that you need to survive AND thrive. It should also give you enough room to save for bigger purchases and handle emergencies. In other words, a minimum or living wage should allow families to remain clear of the poverty line and live a healthy life that everyone deserves to have. ## The Importance of Minimum Wage as per The UN Universal Declaration of Human Rights As per the UN Universal Declaration of Human Rights, everyone has the right to a sustainable living standard that ensures their peace of mind and health. As per the [ILO Minimum Wage Fixing Convention](https://www.ilo.org/global/topics/wages/minimum-wages/definition/lang--en/index.htm#:~:text=ILO%20Conventions%20reflect%20this%20evolution,and%20wages%20are%20exceptionally%20low%E2%80%9D.), countries should: - Set a living or minimum wage for all employees that can cover their and their family’s needs. - Administer the appropriate labor laws to ensure that wage is paid properly and on time. ## Minimum Wage in Illinois Illinois is one of the states that took these clauses seriously. As of [January 1st, 2022](https://www.dhs.state.il.us/page.aspx?item=137635#:~:text=Effective%2001%2F01%2F2022%20the,the%20state%20minimum%20wage%20increase.), the minimum wage in Illinois has been increased to $12/hour. Additionally, Earnfare participants can earn up to $420 per month. The new living wage can be used to calculate the number of hours they took for SNAP Employment and Training. It can also be used to determine the maximum number of hours assigned. ## Cost of Living in Illinois [The average cost of living in Illinois](https://www.sofi.com/cost-of-living-in-illinois/) is approximately $43,981/year, one of the lowest in the US or compared to other states. With the minimum wage increased to $12 an hour, a resident of Illinois can enjoy a comfortable and sustainable life. Here are some of the factors that come into play: ### Affordable and Accessible Healthcare Illinois is in the top 25 out of all US states regarding healthcare affordability and accessibility. This is important since healthcare can take a large chunk out of anyone’s savings or wages. Illinois is one of the few states where out-of-pocket expenses are not high enough to affect the cost of living expenses, which ensures quick health access. ### Cold Winters Illinois has one of the worst winters out of any state, so energy bills are usually high during this time. As energy usage is one of the costs determining the cost of living in a state, this factor can significantly drive up both expenditures. States that have a milder climate during the winter fare better in this case. ## Contact the Law Offices of Joshua D. McCann, LTD If you have been a victim of workplace discrimination, you can and should pursue justice with help from a dedicated Chicago employment rights attorney. This is where the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) can prove invaluable. Whether the discrimination was based on your sex, gender, age, religion, or other factors, we can help you get the compensation you deserve. We have represented employees in Chicago who were in the same predicament, as well as those whose employment was wrongfully terminated. Get in touch with us for a consultation today! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can My Employer Fire Me for Having Gender Affirmation Surgery?](https://chicagolegalcounsel.com/can-my-employer-fire-me-for-having-gender-affirmation-surgery/) **Published:** May 23, 2022 **Author:** msaawe **Content:** Thanks to celebrities such as Caitlyn Jenner, the transgender community is getting more recognition than it ever had before. Many individuals who identify as transgender are emerging from the sidelines and taking their place in society and the workforce. Many are going for [gender affirmation surgery](https://my.clevelandclinic.org/health/treatments/21526-gender-affirmation-confirmation-or-sex-reassignment-surgery) whether their employers approve or not. As per anti-discrimination laws, employers cannot fire workers who want to affirm their gender through surgery. ## The Legal Framework Protecting Transgender Workers in the Workplace Transgender workers or employees who wish to undergo this procedure face an uphill battle. As per Title VII of the Civil Rights Act, employers cannot discriminate against their employees based on their race, color, national origin, and sex. This applies to employers with 15 or more workers, private organizations, the federal government, and local governments. ### Employers Cannot Fire Employees for Getting Gender Affirmation Surgery As per a Supreme Court ruling in 2020, [‘sex’ covers sexual orientation and gender identity](https://edition.cnn.com/2020/06/15/politics/supreme-court-lgbtq-employment-case/index.html). This means that employers cannot discriminate against transgender workers and those who wish to undergo gender affirmation surgery today. Transitioning can be different for different people. What one person may deem medically necessary, another may not. For instance, some may only change their name or gender designation, while others may take hormones or undergo surgery to change their sexual characteristics. Gender affirmation surgery has often been discussed under Title VII and the Affordable Care Act. Some beneficiaries believe that these laws bar employers from discriminating against workers who change their gender identity. Several laws have been enacted across the US that prohibit employers from retaliating against transgender employees, whether they come out before or after being hired. This means that if workers are fired after getting gender affirmation surgery, they can sue their employers no matter where their employer is headquartered. Workers who want to undergo gender discrimination surgery in Chicago are also protected. ## What Employers Can Do To Protect Transgender Workers In light of these laws and to ensure they don’t get sued, employers should introduce policies and practices to ensure gender identities are protected. Some of these include the following: ### Anti-discrimination policy Comply under Title VII and ensure gender indemnity and expression are protected in the workplace. ### Dress code policy Discourage gender stereotypes by forcing male employees to wear dress trousers and female employees to wear skirts. Employers who allow their workers to dress as per their gender expression can increase workplace morale. ### Monitor state laws Employers should follow applicable state laws and look into federal laws regularly for changes, so they don’t mistakenly discriminate against employees. ## Contact the Law Offices of Joshua D. McCann, LTD At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/), we understand that one size doesn’t fit all when it comes to gender identity. If you were fired after getting gender affirmation surgery in Chicago, get in touch with us for a consultation as soon as possible. We can fight for your rights and hold your employer accountable for the damage they have caused. You shouldn’t have to hide who you are because your employer doesn’t accept different genders. We can ensure you get the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Chris Smalls Started A Movement After Forming Amazon's First Union](https://chicagolegalcounsel.com/how-chris-smalls-started-a-movement-after-forming-amazons-first-union/) **Published:** June 7, 2022 **Author:** msaawe **Content:** Chris Smalls, the president of the first-ever [Amazon Labor Union](https://www.amazonlaborunion.org/), stands as a shining beacon of hope for exploited workers in the American workforce. The retail behemoth was forced to allow employees to unionize after a long and persistent battle by a small movement that quickly snowballed into a significant protest over worker rights. Get in touch with an experienced Chicago employment rights attorney for legal representation if your employer has violated your employee rights. ## How Chris Smalls Heralded a Movement on Worker Rights Against Amazon Chris Smalls was fired from his job at an Amazon warehouse on Staten Island when Covid-19 became a pandemic at the beginning of 2020. Smalls and his friend and co-worker Derrick Palmer organized a walkout over unsafe work conditions. Seeing Smalls as the leader, Amazon fired him the same day. This is the first time the retail giant faced such a movement, and it left no stone unturned to try and stop it. It included a multimillion-dollar campaign to try and prevent the workers from unionizing. That is when Smalls staged a walkout at the warehouse over working conditions but was [fired for his trouble.](https://www.theguardian.com/technology/2020/apr/02/amazon-chris-smalls-smart-articulate-leaked-memo) The company initially claimed that he was ‘not smart or articulate’ during a meeting with founder Jeff Bezos to discredit him. Their plans backfired. By firing Chris Smalls, Amazon made him a martyr. The unfair termination sparked widespread protests and outrage on social media and attracted Senator Bernie Sanders’s support. ## Formation of the Amazon Labor Union (ALU) With solid backing from the masses and political support, Smalls formed the Amazon Labor Union (ALU) in 2020. For the next two years during the pandemic, he worked with his partner, Palmer, to rally Amazon workers via a series of small events such as barbecues and bonfires near the warehouse where it all started. Smalls would also speak with people waiting at the bus stop to further his cause. His campaign eventually raised enough money through GoFundMe donations to make the union possible. He accomplished his goal without any aid from the top labor organizations, and while Amazon was doing everything in its power to stop him. Smalls also revealed that the issues with Amazon started years ago. Staff often complained about unsafe working conditions and short breaks to higher-ups but were ignored. Rather than addressing complaints with solutions, the company would unwittingly belittle their employees by offering them treats such as cupcakes and lollipops to ease them. It showed that management saw their workforce as kids rather than adults with families to support. With Smalls and Palmer helping workers unionize, they have set the stage for better work conditions and benefits, whether the retail giant is onboard or not. ## Contact the Law Offices of Joshua D. McCann, LTD to Fight for Worker Rights Whether you work at Amazon or any company in Schaumburg, Illinois, and believe your worker rights have been violated, contact an experienced Chicago employment rights attorney at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). We will create a tailored strategy customized to your end goals and ensure you get the maximum compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Ramifications of Transgender Woman Allowed To Compete In Swimming](https://chicagolegalcounsel.com/ramifications-of-transgender-woman-allowed-to-compete-in-swimming/) **Published:** June 21, 2022 **Author:** msaawe **Content:** Sports has two desirable standards – it gives every athlete equal opportunity to compete and levels the playing field. However, the lines can get blurred when it comes to transgender athletes. As more and more players come out proudly, showing the world that they are not afraid to reveal their gender identity and compete on an equal footing. However, many are [facing discrimination](https://www.npr.org/2022/02/21/1082079058/transgender-swimmers-participation-on-women-s-team-ignites-fairness-debate) for their bravery, especially transgender swimmers in women’s teams. ## Transgender Athletes in Swimming Transgender individuals are people with a gender identity different from the one assigned to them at birth. Their biology at the time doesn’t match how they present themselves, and many undergo sex-change medical procedures to become the gender they associate with. Renowned swimmer Lia Thomas made headlines recently as she became the first openly transgender athlete to win the NCAA Division 1 national championship. However, her participation and win were deemed unfair as she was allegedly stronger than her heterosexual female counterparts. Officials and other swimmers argued that she had a distinct advantage over her competition since she had the strength of a man. ## NCAA Regulations regarding Trans Swimmers While she isn’t the first trans swimmer in the NCAA, Lia’s victories have placed her in the center of a debate about trans athletes. The ramifications are positive for all athletes who refuse to conform to standard gender norms and wish to compete as their actual gender. To appease the masses, the NCAA updated its transgender inclusion policy to outline what they considered a transgender swimmer. As per the playing rules: - A transgender male athlete or student-athlete is an individual who has received a medical exemption for testosterone treatment for gender dysphoria, Gender Identity Disorder to compete in the NCAA completion in the men’s team. They are not eligible to compete in the women’s team unless the team changes its status to mixed. - A transgender female athlete or student-athlete is anyone undergoing treatment to reduce testosterone levels in their body for gender dysphoria, Gender Identity Disorder to compete in the NCAA completion in the men’s team. They cannot compete in the women’s team till they complete one year of testosterone suppression treatment. - Before they start hormone treatments, a transgender student athlete’s college has to submit a waiver to waive the rule regarding swimsuits. This has to be done every year, so they have to re-submit annually to ensure their students can compete in the suits designed for their bodies. The case for transgender athletes is a complex one. Not everyone is on board, and [many states](https://www.deseret.com/u-s-world/2022/3/26/22996780/transgender-sports-bans-full-list) are placing bans on this gender from competing in sports consistent with their gender identity. This does not include Illinois. So if you are banned from a sport because of your gender identity, contact a Chicago gender discrimination lawyer right away and protect your rights. ## Get In Touch With the Law Offices of Joshua D. McCann, LTD Gender discrimination has no place in the workplace, sports, or anywhere in your life. If you believe you are being discriminated against because of your gender identity, get in touch with a Chicago gender discrimination lawyer at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/). We have years of experience representing clients like you who feel they are not being heard. We will fight for the outcome you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Overturning Roe vs. Wade Could Impact Civil Rights](https://chicagolegalcounsel.com/how-overturning-roe-vs-wade-could-impact-civil-rights/) **Published:** July 6, 2022 **Author:** msaawe **Content:** On May 2nd, a draft of the decision regarding the [Dobbs vs. Jackson abortion case](https://reproductiverights.org/case/scotus-mississippi-abortion-ban/) was leaked to the press. If the decision is finalized, it could overturn the Roe vs. Wade case that made abortion illegal in the United States. The overturn will have far-reaching consequences for civil rights in the state, which are still being examined. While the decision will be finalized in June, experts believe that the conservative Supreme Court may target LGBTQ+ rights regarding contraception access. ## What is Roe vs. Wade? To understand the implications the overturned case could have, we need to discuss the case that made abortion rights a hot topic in the US, i.e., Roe vs. Wade. Jane Roe was an unmarried and pregnant woman who filed a lawsuit for herself and others challenging Texas abortion laws. A doctor arrested for violating the statute also joined the lawsuit stating that abortion laws were too confusing for medical practitioners to follow accurately. The Supreme Court made the following decisions on the case: - Individuals have a fundamental right to privacy under the US Constitution which protects their right to determine if they wish to have an abortion. - The abortion right has to be balanced against the government’s interests regarding its duty to protect prenatal life and health. The case highlighted whether Americans had the right to determine how they wished to live their lives. Abortion rights became personal matters that the state did not have the right to interfere with unless there were extenuating circumstances. ## What May Happen If Roe vs. Wade Is Overturned? If the decision is overturned, it will set the wrong example that anti-rights and certain government groups can pounce on. With time, they can use the decision to deny the rights of girls, women, and other individuals who can get pregnant. However, scholars and advocates claim that the major issue is that once the draft is finalized, [it may be used to violate the rights of the LGBTQ+ community about marriage and sexual relations](https://www.shondaland.com/act/a40038310/impact-of-overturning-roe-v-wade/). A leaked memo from the National Senatorial Committee stated that [political position should be based on reason and compassion](https://time.com/6176180/overturn-roe-transform-america/) since Republicans don’t want to ‘throw doctors and women in jail.’ However, a law based on a statewide abortion ban was also floated by Congress members. If the Supreme Court overturns Roe vs. Wade, abortion pills via telehealth subscription may be delivered via mail as a form of legislative warfare. The nation will be divided, with democratic states being pro-right and Republican states being pro-life. The former may also experience an influx of patients seeking legal abortions because their home states don’t allow it. ## Contact The Law Offices of Joshua D. McCann, LTD For A Consultation Today! Abortion is legal in Illinois. If a hospital or a partner denies your abortion rights, your civil rights are violated. Contact the [Chicago civil rights attorney](https://chicagolegalcounsel.com/) at The Law Offices of Joshua D. McCann, LTD for a consultation today. We can create a solid case to protect your rights and ensure your voice is heard. We have helped countless clients like you get justice and can help you as well. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can I Sue The School District For Gender Discrimination Of My Child?](https://chicagolegalcounsel.com/can-i-sue-the-school-district-for-gender-discrimination-of-my-child/) **Published:** July 20, 2022 **Author:** msaawe **Content:** Discrimination based on sex and sexual identity is prohibited under [Title IX of the Education Amendments of 1972](https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/title-ix-education-amendments/index.html#:~:text=Title%20IX%20of%20the%20Education%20Amendments%20of%201972%20(Title%20IX,activity%20receiving%20federal%20financial%20assistance.). So yes, parents can sue the school district of Illinois if they believe their child’s rights were violated in this case. At this point, filing a complaint with appropriate authorities and hiring a gender discrimination attorney in Chicago should be your priority. Discrimination based on sex includes discrimination based on pregnancy, parental status, and sex stereotypes (treating a child differently because they cannot conform to a gendered role or meet traditional expectations about their sexual identity). ## Filing a Complaint Before hiring a gender discrimination attorney in Chicago to sue the school, file a formal complaint with the [Office of Civil Rights (OCR)](https://www2.ed.gov/about/offices/list/ocr/index.html) in writing. You can also submit it via the Discrimination Complaint Form, which you can get from their offices. Some of the information you should mention include: - Your complete name and address. - A phone number. - A basic description of the child or class of individuals who faced the alleged discriminatory act. Names are not required. - The location and name of the institution that allegedly perpetrated said act. - Details about the alleged discriminatory act or act to aid the OCR in understanding the situation, i.e., what occurred, when it happened, and the main basis for the discriminatory act. You have 180 days to file the complaint unless the OCR extends the deadline due to relevant causes. ## Determine ‘Cause of Action’ Before suing a school district, you need to establish a ‘cause of action.’ This legal term pertains to facts that prove a lawsuit is justified. In other words, if you can prove that specific factors are grounds for a lawsuit against the other party, you can sue them. For example, say your non-binary child was denied admission to school because of their gender. In this case, the cause of action would be selective admission practices. The school denied or refused entry to a child based on a category that is protected by constitutional and federal law. ## Suing A Public School vs. a Private School Contrary to popular belief, the process for suing a public school district is vastly different than that of suing a private one. The former are government entities protected by sovereign immunity, but the latter are businesses owned and run by shareholders or certain private individuals. You can sue a private school without filing the complaint mentioned above. That is why suing a private school is easier and faster than filing a lawsuit against a public one. ## Contact the Law Offices of Joshua D. McCann, LTD to Sue the School Schools should be safe places for children, irrespective of gender identity or sexual orientation. Whether you want to sue a public or private school for gender discrimination, get in touch with our [gender discrimination attorney in Chicago ](https://chicagolegalcounsel.com/)at the Law Offices of Joshua D. McCann, LTD for a consultation. We also take on cases based on other protected categories such as religion and workplace discrimination. Fight for the outcome you and your child deserve with our help. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Why You Should Never Accept a Discrimination Settlement Without an Attorney](https://chicagolegalcounsel.com/why-you-should-never-accept-a-discrimination-settlement-without-an-attorney/) **Published:** August 3, 2022 **Author:** msaawe **Content:** Were you the victim of employment discrimination under a [protected category](https://www.eeoc.gov/discrimination-type)? In that case, the last thing you want to do is accept a settlement without help from a Schaumburg employment discrimination lawyer. You may settle for an unfair amount that does little to compensate for your losses. ## Top Reasons Why You Should Hire an Attorney before Accepting a Discrimination Settlement Here are some of the main reasons why you should hire an attorney before accepting a settlement for a workplace discrimination claim: ### Insufficient Evidence for a Sufficient Discrimination Settlement Gathering evidence regarding your experience can mean the difference between a weak or solid settlement. You first need to prove your employer’s intent since few will ever say they were biased. A Schaumburg employment discrimination lawyer will ensure you collect evidence that can result in a larger settlement per [EEOC requirements](https://www.bgsu.edu/content/dam/BGSU/equity-diversity/documents/university-policies/evidence-prove-discrimination.pdf). This includes documents such as procedures, policies, handwritten notes, letters, files, attendance records, and any other content that can be used to maximize your settlement claim. For instance, if your employer says you were fired or demoted because of poor work performance, but your last few performance reviews were stellar, you may get a larger settlement. ### They Can Run a Cost-Benefit Analysis on Your Behalf An experienced Schaumburg employment discrimination lawyer has years of cases to draw from when developing a cost-benefit analysis for your case. They will do that by revealing weaknesses and strong points, determining the expense of discovery trails, and the amount you can recover if you win. Your lawyer can also determine your chances of winning and if their assessment changes as the case progress. Their direction and guidance can help you make informed decisions as your employer tries to downplay or outright deny your case. ### They Can Determine Damages The main recovery form for workplace discrimination lawsuits is monetary damages. To win those, you have to prove that your employer acted illegally and that their behavior resulted in a loss or damages. Your Schaumburg employment discrimination lawyer will evaluate your case thoroughly to determine said losses. In an employment discrimination case, this can include lost wages, benefits, emotional turmoil, and punitive damages (to punish employers). In some cases, you may be able to get a settlement large enough to cover your attorney’s fee or be entitled to it from your employer. ### They Can Coach You Even if you have your ducks in a row for your discrimination case, you may be a poor witness. Your lawyer can determine this and coach you on how you should represent yourself in court as the key witness. You need to appear clear, organized, presentable, and honest to have any sway over a jury or judge. A sincere and credible demeanor can maximize your settlement claim more than you realize. ## Contact the Law Offices of Joshua D. McCann, LTD Workplace discrimination can make your life miserable and affect your performance. You can and should sue if you think your employer is treating you unfairly because of your skin color, age, religion, or other protected category. Contact our attorneys at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) for a consultation today. We represent employees like you across Schaumburg, IL, and can help you get the compensation you deserve. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Prove Retaliatory Discharge](https://chicagolegalcounsel.com/how-to-prove-retaliatory-discharge/) **Published:** August 17, 2022 **Author:** msaawe **Content:** If your employer fired you because you made a complaint about them or reported them to the authorities for a wrongdoing, you could sue them for retaliatory discharge (aka wrongful termination). The wrongdoing can range from sexual harassment in the workplace to religious discrimination complaints per the [Illinois Fair Housing Act (FEHA).](https://www2.illinois.gov/dhr/FilingaCharge/Pages/Housing.aspx) Most of these cases occur after an injured worker files a workers’ compensation claim. In any case, retaliatory discharge is illegal in Illinois. Your employer will be liable for your lost wages, benefits, emotional distress, and more. An experienced [Schaumburg retaliatory discharge attorney](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) can prove invaluable during this time. Make sure you have sufficient evidence to prove your case, but before that, make sure your case is worth pursuing. ## What Retaliatory Discharge Looks Like Most retaliatory discharge cases look something like this: - You complained about your supervisor or a colleague, and your employer found out. - You were asked to do something outside the scope of your work, and you declined, only to be fired. - Your employer starts to treat you differently, demotes you, cuts your hours or your salary or does anything else to force you to quit. - You were fired without knowing the reason behind it. ## Top Evidence That Can Prove Retaliatory Discharge A Schaumburg retaliatory discharge attorney will evaluate all of the elements of your case and the damages it caused. To prove it, you need to provide evidence for the following: - You experienced discrimination in the workplace. - You witnessed discrimination in the workplace. - You were discharged while engaged in a protected activity. - Your employer acted adversely because of your choice. - You suffered damages because of your employer’s adverse response. Contrary to popular belief, retaliation and discrimination/harassment are different. For the former, you don’t have to prove that you were harassed or discriminated against as long as you believe you experienced retaliatory discharge. Make sure that you give your Schaumburg retaliatory discharge attorney ample evidence. This includes documents, offensive messages, and visuals that can prove your case. Also, ensure you provide the full name, job title, and designation of witnesses and the employer. Besides this, provide proof that you complained about the harassment or discrimination incident (such as emails, letters, memos, notes, etc.). Even if you don’t have these, you can still have a solid case if you can prove you filed a complaint and were discharged shortly after because of it. This is important because your lawyer must prove that you suffered a loss in a retaliatory case. In your case, this can include loss of benefits, job opportunities (if your employer refused to give you a referral), and wages. If you also lost healthcare benefits, give those documents to the lawyer. ## Contact The Law Offices of Joshua D. McCann, LTD For A Consultation Today! You should be able to work each day without fear of harassment, bullying, or being fired. If you believe your employer fired you or forced you to quit because of a complaint you made or any other reason, you can and should sue. Contact a Schaumburg retaliatory discharge attorney at the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) for a consultation today. We have years of experience representing victims like you get the compensation or outcome they deserve. You will be the key witness, but we will do everything possible to reduce your stress and burden. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can an Employer Specify a Preferred Gender When Hiring](https://chicagolegalcounsel.com/can-an-employer-specify-a-preferred-gender-when-hiring/) **Published:** September 14, 2022 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/45535-four-people-sitting-on-a-bench-43690aba-300x211.jpg "45535-four-people-sitting-on-a-bench-43690aba | Law Office of Joshua McCann")Certain positions seem ideal for a specific gender, but as the LGBTQ community gains traction, role reversals have become common, and sex discrimination is frowned upon. However, when people still think of a nanny or babysitter, a female one is the first image that comes to mind. But if a man applies to be a babysitter, can their employers deny them those jobs legally? ## What is the Bona Fide Occupational Qualification? The answer is a tentative yes, i.e., in certain circumstances. A Chicago sex discrimination lawyer will tell you that the key to hiring a single gender for a specific role lies in your ability to prove that gender is the only one capable of the job. This clause is called the Bona Fide Occupational Qualification (BFOQ). You can choose a specific gender for a job in extremely narrow circumstances. As per [**Title VII**](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), it is illegal to discriminate against employees in the workplace based on their gender unless the employer can prove that the position is a BFOQ and that specific gender is vital for it. For example, you may require a woman to work as a bathroom attendant in a woman’s bathroom or models to showcase bikinis on the runway. Before using this clause to prove their intention, employers should determine whether they mistakenly or unknowingly participate in sex discrimination. A Chicago sex discrimination lawyer can help them ensure their stance before they develop advertising material for the position. Some employers can toe the line. For instance, some airlines refuse to hire male flight attendants even though they are just as capable of performing those duties. Similarly, few people think a man should be employed as a [**Hooters server**](https://www.businessinsider.com/how-can-hooters-hire-only-women-2015-9#:~:text=Hooters%20doesn't%20hire%20any%20men%20as%20servers.). The brand’s desire to hire only a specific type of female staff [**attracted some attention**](https://apnews.com/article/a22562562d42facf3c11d563a39c5da7) from the Equal Employment Opportunity Commission in the late ‘90s. The EEOC argued that since Hooters’ primary function was providing food for paying customers, it should have no qualms about hiring male servers as they could do the job just as well. By refusing, the brand essentially said its main draw was sexual entertainment. The lawsuit resulted in a more than $3 million settlement and the agreement to hire men in eligible positions such as hosts and bartenders. The lawsuit highlights that the BFOQ exception is tricky to implement in situations or for professions requiring a specific gender. The main attraction of Hooters is that people get attractive, model-esque servers to take their orders and bring their food to them. Even though their customers prefer those servers, the EEOC does not see them as essential for performing that job. It is sex discrimination in their eyes. ## Contact The Law Offices of Joshua D. McCann, LTD For A Consultation Today! If you or someone you know is facing sex discrimination at work, contact a Chicago sex discrimination lawyer at the [**Law Offices of Joshua D. McCann, LTD**](https://chicagolegalcounsel.com/) for a consultation today. With his experience working at the Illinois Department of Children and Family Services, Joshua McCann is the go-to employment attorney for residents of Schaumburg, IL. With his team’s support, he can develop a legal strategy to ensure you get the maximum compensation you deserve. **Tags:** - [Chicago Sex Discrimination Lawyer,](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=chicago-sex-discrimination-lawyer) - [Sex Discrimination](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=sex-discrimination) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Legality of Florida’s New Don't Say Gay Law](https://chicagolegalcounsel.com/legality-of-floridas-new-dont-say-gay-law/) **Published:** September 28, 2022 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/47185-gay-and-transgender-pride-flags-with-note-that-says-dont-say-gay-e0aa165f.png "47185-gay-and-transgender-pride-flags-with-note-that-says-dont-say-gay-e0aa165f | Law Office of Joshua McCann")As per the ‘Don’t Say Gay’ bill in Florida, rainbows are no longer welcome in the sunshine state. With gender discrimination threatening the mental health and future of the LGBTQ community, the new bill is another blow to a movement that was years in the making. ## What is the Don’t Say Gay Law? Florida’s [Parental Rights in Education Law](https://www.washingtonpost.com/politics/2022/04/01/what-is-florida-dont-say-gay-bill/) (aka Don’t Say Gay bill) restricts teachers in the state from discussing or saying anything related to sexual orientation and gender in classrooms. While the bill is legal because it is a law now, people across the US and even the White House have called it a disturbing trend that is targeting members of the LGBTQ community. Several groups are challenging the bill with varying degrees of success. The law was signed into effect on March 28th of this year. It prevents kindergarten to third-grade teachers from discussing sexual orientation and gender issues in their classes. The law also controls what they can and cannot say to older students regarding this topic. The latter will come into effect when instructions on age-appropriate materials are developed. Republican governor Ron DeSantis repeatedly asserted that the law would only allow parents of children (between kindergarten and third grade) more control over their education. This includes [barring teachers from discussing LGBTQ history and events](https://www.nbcnews.com/nbc-out/out-news/floridas-dont-say-gay-law-takes-effect-schools-roll-lgbtq-restrictions-rcna36143). ## The Potential Effects of the Don’t Say Gay Law According to the Centers for Disease Control and Prevention, Florida has some of the highest suicide rates in the country. It is higher than the [national average](https://www.wfla.com/wfla-plus/florida-suicide-rate-up-more-than-national-average/), and officials have admitted that LGBTQ youths experience mental health challenges and have suicidal thoughts more than others. These facts have been pushed under the rug by conservative House and Senate members to the detriment of the community. The law is broad, so it can effectively prevent teachers in Florida’s public schools from discussing anything related to the LGBTQ movement and gender identities. They fear they will be fired or sued by conservative parents. In other words, the new law is supporting a culture of fear to the point that parents and even educators are terrified of touching anything related to the topic to protect their reputations. The law has been harshly criticized in Florida and condemned across the nation. Before the bill was signed, entertainment industry members such as show hosts called for it to be abolished because of its negative stance on the LGBTQ movement. Disney only spoke out against gender discrimination when it was pressured to do so. Equality Florida sued the state because of the lasting damages the bill is already doing to the community. As per the suit, the law violates the First Amendment rights of the community to debate ideas based on sexual orientation and gender issues. In other words, it violates their right to free speech since the law prevents them from discussing these issues in classrooms. So while we can say that the new bill is legal, its implications may have devastating consequences, including gender discrimination. ## Contact the Law Offices of Joshua D. McCann, LTD For a Consultation Today! If you faced discrimination in the workplace because of your gender and are searching for a professional Chicago employment discrimination attorney in Schaumburg, IL, contact us today! At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/), we offer confidential consultations to all our clients who are treated unfairly in their workplaces. Allow us to help you get the compensation you deserve! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Do Illinois Pregnancy Laws Protect Workers In Illinois?](https://chicagolegalcounsel.com/how-do-illinois-pregnancy-laws-protect-workers-in-illinois/) **Published:** October 14, 2022 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/48237-person-who-is-pregnant-writing-at-desk-with-computer-af462636-300x214.png "48237-person-who-is-pregnant-writing-at-desk-with-computer-af462636 | Law Office of Joshua McCann")[Pregnancy is considered a civil right](https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1050&GA=98) in the state of Illinois. This means employers cannot discriminate against workers who are expecting children, gave birth recently, or have a medical condition from giving birth or because of their pregnancy. These laws apply to all business owners or employers irrespective of whether their workers work full-time, part-time, or on probation. The change was implemented in the Illinois Human Rights Act. Pregnancy was included as a [protected class.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K1-103) As per Illinois pregnancy laws, this means you are protected if you are expecting a child and can sue your employer for discrimination with help from Chicago sex discrimination lawyers. ## **How Pregnant Workers Are Legally Protected in Illinois** Per the Pregnancy Discrimination Act, US employers with one or more workers cannot mistreat any of them if they are pregnant, are trying to get pregnant, or have suffered a miscarriage/pregnancy loss. Here is what this means: - Your employer cannot terminate your employment or cut down your hours. If you can keep working while pregnant or trying to get pregnant, you are legally allowed to keep your job. You can also sue your employer if they harass you because of your condition. - Employers cannot ask about your pregnancy during your job interview or ask if you plan to have children later. - You have the right to be treated like everyone else at your workplace, whether pregnant or not or had a miscarriage. According to the Supreme Court, employers cannot burden pregnant employees. Your employer has to make accommodations for you as they do for injured workers. For instance, if your employer sends pregnant women on unpaid leaves but gives compensation to injured workers as they recuperate at home, they are being discriminatory. Your Chicago sex discrimination lawyers will advise you to collect evidence to strengthen your complaint. This includes the company policy on harassment, discrimination, witness testimonies, and evidence of how others are treated. ## **What Are ‘Reasonable Accommodations?’** In Illinois, employers have to make reasonable accommodations for pregnant workers or new mothers. These adjustments are meant to help the latter adjust to their work life in a way that doesn’t harm them. Some of these accommodations include the following: - A comfortable chair. - Frequent bathroom breaks. - Frequent rests for water or a break. - A private space where you can pump breast milk. - A temporary change in duties, your current schedule, and work environment. - Time off in case you need medical leave or have to go to an appointment. **Important note**: *These accommodations are not set in stone. Employers don’t have to provide any that will cause undue hardship to them or their business. This can include expensive addition to a space or a new chair that a startup cannot afford, for instance. Your Chicago sex discrimination lawyers can advise you on whether you should push for accommodations or not after evaluating your case.* ## **Contact the Law Offices of Joshua D. McCann, LTD For a Consultation Today!** At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/), we have seen it time and time again – employers in Illinois taking advantage of pregnant workers to line their own pockets by firing them or placing them on unpaid leaves. If you feel harassed in the workplace because of your pregnancy or need legal advice to sue, contact our dedicated Chicago sex discrimination lawyers today in Schaumburg, IL. We can take up your case and ensure you get the compensation you deserve. **Tags:** - [Chicago sex discrimination lawyers,](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=chicago-sex-discrimination-lawyers) - [Illinois pregnancy laws](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=illinois-pregnancy-laws) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Rights Are Protected Under The Civil Service Reform Act?](https://chicagolegalcounsel.com/what-rights-are-protected-under-the-civil-service-reform-act/) **Published:** November 30, 2022 **Author:** msaawe **Content:** The [Civil Service Reform Act (CSRA)](https://www.congress.gov/bill/95th-congress/senate-bill/2640) was introduced in 1978 to protect federal employees and managers and provide flexibility to [improve government operations](https://www.flra.gov/about/introduction-flra/statute) and productivity. The law also protects these employees from unwarranted and unfair practices. If you are one of them and face workplace harassment because you refuse to participate in these practices, contact a Federal employee discrimination attorney in Illinois. ## A Breakdown of the CSRA The CSRA effectively replaced the Civil Service Commission (CSC) with the following: ### The Office of Personnel Management (OPM) The Office of Personnel Management (OPM) provides human resources and policy managers for employers in the Federal Government. This includes leadership and support that can aid these agencies in serving the American public better. The OPM also manages the civilian service. ### The Merit Systems Protection Board (MSPB) The MSPB protects merit system policies and promotes an efficient workforce without prohibited practices. The board also takes care of federal employees’ appeals to protect their rights. ### The Federal Labor Relations Authority (FLRA) The Federal Labor Relations Authority provides a bargaining platform and network for federal employees from different sectors. It also manages all labor-management relationship protocols and methods and acts as a bridge between the federal government and its workers. ## The Role of the CSRA The CSRA is considered the most significant reform in the government since the Pendleton Civil Service Reform Act, which only allowed the selection of a few government employees via exams rather than political connections. As per this Act, federal employees cannot be fired or demoted by government officials because of political reasons. Once the CSRA was established, a new grade classification was created for top government managers. This is called the Senior Executive Service (SES). The managers in this category were placed in strategic locations throughout the government and were given bonuses as awards based on evaluations and merit. The Act also protected employees who were whistleblowers from being fired by vengeful employers. ## What You Can Do If a Federal Employer Mistreated You If you face discrimination in a federal agency, you must follow specific protocols that are different from private sector ones as per the Civil Service Reform Act. You must contact the Equal Employment Opportunity counselor within 45 days of the discriminatory action. You will be asked to participate in counseling or a dispute resolution process. If these don’t work, you can complain at your agency. However, if your complaint is dismissed, you should immediately contact a Federal employee discrimination attorney in Illinois. ## Contact the Law Offices of Joshua D. McCann, LTD for a Consultation Today! The legal process for federal employees can be long and complex without the proper support and resources. At the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/), we have extensive experience aiding government employees cut through red tape, ensure their complaints are addressed and receive due compensation for damages. Do not hesitate to contact us if you have questions or concerns regarding your case. Just dial [(847) 450-1103](tel:8474501103) to book a consultation today. The longer you wait, the worse it may get for you. Take action now! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Illinois Pregnancy Laws That Employers Must Follow](https://chicagolegalcounsel.com/illinois-pregnancy-laws-that-employers-must-follow/) **Published:** December 7, 2022 **Author:** msaawe **Content:** In Illinois, it is[ illegal for employers to discriminate against employees](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077500050K1-103) or job candidates who are expecting a baby, just gave birth, or suffer from medical conditions because of pregnancy or childbirth. Contact Chicago employment law attorneys immediately if your boss has violated any Illinois pregnancy laws we will discuss. ## Illinois Pregnancy Laws Employers Have To Follow To Avoid Lawsuits If you fulfill any of the pregnancy terms mentioned in the law, you can sue your boss if they break any of these pregnancy laws: ### 1. Reinstatement Post Pregnancy Per the law, your employer has to reinstate employees affected by their pregnancy or who suffered complications during childbirth. They can reinstate you in your original position or one that is equivalent unless they can prove it will not impose hardship. ### 2. Post-Pregnancy Notices in Conspicuous Locations Employers must post pregnancy policy notices in accessible and conspicuous locations, including the employee handbook. It should be approved by the [Illinois Department of Human Rights](https://dhr.illinois.gov/) and summarize the rights of pregnant employees in the workplace. The notice should also provide steps pregnant employees can take if they wish to file charges against employers who violate pregnancy laws. ### 3. Maternity Payments Illinois doesn’t have a law that makes paid maternity leave mandatory for employers. However, you can fund your time off as a parent by applying for short-term disability benefits instead if your workplace is covered for it. Ask HR regarding this benefit if you cannot find it in your employee handbook. ### 4. Reasonable Accommodations In Illinois, employers must provide reasonable accommodations to pregnant employees to ease their work experience and reduce strain. This includes: - allowing frequent bathroom breaks. - Allowing frequent breaks for rest or water. - Aid with manual labor, such as lifting heavy objects. - A comfortable chair. - A temporary change of duties. - A private room where they can pump breast milk. - Days or time off for medical consultations or leave. - Changing work duties, such as replacing stressful or manually intensive labor with simpler tasks. - Making the workplace accessible. - A reduced or modified work schedule. - Time off to recover from childbirth or conditions pertaining to it. Employers have the right to deny accommodation that causes undue hardship for them or the business. This includes options that are expensive or disruptive for the business. If your employer refuses to provide these accommodations or violates the abovementioned laws, you can and should hold them accountable. Chicago employment law attorneys can ensure you get compensated for your stress and pain. ## Contact the Law Offices of Joshua D. McCann for a Consultation Today! [Joshua McCann](https://chicagolegalcounsel.com/) is one of the best Chicago employment law attorneys you can hire for your case. With his experience as a military police officer in the US army, he is experienced in facing large companies and their lawyers. Contact him or his law firm for a consultation by dialing [(847) 450-1103](tel:8474501103). Don’t stand for this mistreatment. Protect your rights by holding your employers accountable for their actions, so no one else has to go through what you are going through. The Law Offices of Joshua D. McCann, LTD can help! **Tags:** - [Chicago employment law attorneys,](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=chicago-employment-law-attorneys) - [Illinois pregnancy laws](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=illinois-pregnancy-laws) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Are Union Organizers Protected In Illinois?](https://chicagolegalcounsel.com/are-union-organizers-protected-in-illinois/) **Published:** December 21, 2022 **Author:** msaawe **Content:** The [Illinois Public Labor Relations Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=108&ChapterID=2) protects union organizers and unions under Illinois employment laws. As such, you have the right to form, join or aid a union as an organizer or an employee without fearing you will lose your job. If your boss threatens to fire you because you want to become a union organizer, you can and should sue for damages. ## Your Rights as a Union Organizer Besides the right to form, aid, and join a union, you can also make a union to discuss the terms and conditions of your employment. Some of the rights you can discuss are your right to: ● Distribute union-based literature. ● Wear t-shirts, buttons, and other insignias on the union. ● Ask co-workers to sign cards authorizing the union. ● Discuss the union with colleagues. In any case, your boss or employer cannot spy on you or say they have their eye on you, question you, bribe you, or threaten you to give up your union activities. Additionally, they cannot fire, demote, penalize or discipline you for participating in these activities. However, your employer may enforce workplace policies that limit union activities. This includes prohibiting you from discussions and solicitations for the union during work hours. But they cannot prohibit you from doing these things during your break or before you come in for work. This means they cannot fire or penalize you if you distribute pamphlets advertising the union during your break. You can also solicit colleagues in non-work areas such as the parking lot. ## What’s Ahead for Union Organizers in Illinois Union organizers and workers may have more to celebrate this year if [Amendment 1](https://ballotpedia.org/Illinois_Amendment_1,_Right_to_Collective_Bargaining_Measure_(2022)#:~:text=Amendment%201%20would%20amend%20the,welfare%20and%20safety%20at%20work.%22) is passed. This proposed change to the state’s Constitution gives unions more power. It is also known as the workers’ rights amendment and is made up of four parts: 1. Employees have the right to bargain through the representatives they choose. 2. Employees can negotiate work hours, wages, and safety to protect their economic well-being. 3. No Illinois employment laws or laws, in general, shall be passed that reduce employee rights to bargain collectively for the rights mentioned above. 4. No Illinois employment laws or laws, in general, shall be passed that forbid the application of agreements between unions and employers. The amendment will give unions and their leaders more bargaining power and freedom than state lawmakers. A vote will be passed in the first week of November. But if you are facing discrimination because of your union efforts, you can still seek legal action against them with help from an employment attorney. ## Contact the Law Offices of Joshua D. McCann, LTD for a Consultation No one can work well if they feel threatened in the workplace. Since you have the right to form or represent unions, your employer cannot legally fire you. If they threaten to do so, contact our attorneys at the Law Offices of Joshua D. McCann, LTD to discuss your legal options by dialing [(847) 450-1103](tel:8474501103). We also represent clients who are victims of race, religion, age, or other protected factors in their workplace. Fight for the outcome you deserve with our help! **Tags:** - [Illinois employment laws,](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=illinois-employment-laws) - [Unions](https://chicagolegalcounsel.com/resources/blog/?page=1&tag=unions) ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Protects Single Mothers From Workplace Discrimination?](https://chicagolegalcounsel.com/what-protects-single-mothers-from-workplace-discrimination/) **Published:** January 4, 2023 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/51729-business-woman-pushing-stroller-0d5fc5f8-300x214.jpg "51729-business-woman-pushing-stroller-0d5fc5f8 | Law Office of Joshua McCann")There are laws in the United States to protect workers from discrimination. However, many companies still discriminate against workers for their race, age, disability, gender, religion, sexual orientation, etc. Others may be discriminated against because they are single mothers. This is illegal and grossly unfair. Contact our[ Chicago employment discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) for immediate legal assistance if it happens to you. ## Why Do Employers Discriminate Against Single Mothers? Single mothers are usually hard workers just trying to make ends meet for their children without a partner to assist them. However, employers may see a single mother as needing to be more sufficiently dedicated to their work. Or, the company may take a dim view of the mother taking off work to take care of their children and take them to school. Whatever the reasons for discriminating against single mothers, this is against the law in Illinois. Talk to a Chicago employment discrimination lawyer if you suspect you are being discriminated against. ## Examples Of Discrimination Against Single Mothers [Discrimination against single mothers](https://work.chron.com/legal-rights-single-parent-workplace-23388.html) can take many forms, including: ● Being let go from a job because you are pregnant or asking for maternity leave ● Not providing work flexibility to a single mother while providing a flexible schedule to people who do not have children ● Not getting a raise or promotion because you have children ● Lying about your job performance to justify firing you ## Federal Discrimination Law Single parents are not a protected class under federal law specifically. However, the employer cannot ask you if you are married during a job interview. They also may not ask if you have children or if you will have more in the future, then base whether you get the job on your answer. While filing a lawsuit against your employer for mistreating you as a single mother is challenging, there are ways to make the case stick. For example, your supervisors or co-workers may make negative comments that you are late to work because of your children. Or, you may hear criticism that you do not look as good after pregnancy as you did before. In the latter case, this could be filed as a sexual harassment case. ## Pregnancy Discrimination Act The[ Pregnancy Discrimination Act of 1978](https://www.dol.gov/agencies/oasam/civil-rights-center/internal/policies/pregnancy-discrimination#:~:text=The%20Pregnancy%20Discrimination%20Act%20of,childbirth%2C%20or%20related%20medical%20conditions.) offers protection to pregnant women. It does so by expanding discrimination protections based on your sex to include matters related to pregnancy. So, you cannot be let go from your job because you have a child. Also, your company must provide reasonable accommodations for your pregnancy. ## What To Do If You Are Being Discriminated Against If you think you are being discriminated against for being a single mother, you should detail the case in writing. For example, if someone gets a promotion that you were supposed to get, this should be detailed in writing. Your attorney will investigate the matter to determine if discrimination was a factor. ## Being Discriminated Against At Work? Call A Chicago Employment Discrimination Lawyer Many single mothers work hard and care for their children. However, employers sometimes take advantage of them by unfairly denying them raises and promotions. If this has happened to you, our Chicago employment discrimination lawyers can help you. Please contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact/) at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [I Was Fired For Taking Care Of Sick Wife What Are My Rights](https://chicagolegalcounsel.com/i-was-fired-for-taking-care-of-sick-wife-what-are-my-rights/) **Published:** January 18, 2023 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/52308-i-was-fired-for-taking-care-of-my-sick-wife-cbeaea79-300x214.jpg "52308-i-was-fired-for-taking-care-of-my-sick-wife-cbeaea79 | Law Office of Joshua McCann")So, you work in Schaumburg at Park Lane Jewelry or Cruises International but need to take time off to help your sick wife. If you are caring for your sick wife in Schaumburg, you know it takes a lot of time, patience, and dedication. Sometimes, caring for an ill spouse can conflict with your work schedule. Fortunately, US workers are protected today by the[ Family And Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla), so you can care for your wife without fear of being fired. However, some unscrupulous Illinois companies may ignore the FMLA and unfairly fire you when you care for your spouse. If that happened to you, a[ Schaumburg wrongful termination attorney](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act/) will fight for your rights today. ## What Are Your Rights Under The FMLA? The Family And Medical Leave Act states that employees in certain situations can take unpaid leave without worrying about losing their jobs. The maximum time available under the FMLA is 12 weeks in a one-year period. The unpaid leave is available to eligible workers in these cases: - The birth of your child or any care that is required in the first year of life - Placing a foster or adopted child in your family - A serious health complication that makes it difficult to do your job - Caring for your wife, husband, child, or close family member with a serious health problem - Situations that make you miss work to deal with issues involving a military spouse on active duty If you think you are in a FMLA wrongful termination situation in one of the above cases, you should talk to a Schaumburg wrongful termination attorney. ## Are All Job Responsibilities Protected? Yes. The FMLA states that you must be able to resume your previous position at the same rate as when you took leave. Therefore, if your company cannot leave your job open, they must bring you back to an equivalent position. The only exception is a key employee who must be replaced immediately to avoid serious economic issues in the organization. ## What Happens In Employer Retaliation? Employer retaliation can happen to you when caring for your sick wife. This is where the employer takes actions against you for taking leave. For example, firing you because you cared for a sick spouse is employee retaliation under the FMLA. It also is illegal for the employer to put you in a lesser position at a lower pay rate. Unfortunately, some employers may create a hostile workplace to encourage you not to take time off to care for your loved one. If you think your employer is doing this, you should talk to an attorney now. You also should submit a claim to the[ Equal Employment Opportunity Commission (EEOC).](https://www.usa.gov/federal-agencies/equal-employment-opportunity-commission#:~:text=The%20Equal%20Employment%20Opportunity%20Commission,training%2C%20wages%2C%20and%20benefits.) ## Talk To A Schaumburg Wrongful Termination Attorney Now When your spouse is sick, the last thing you need is to be discriminated on the job for caring for her. If you think you were wrongfully terminated, you have rights in Illinois. The Schaumburg wrongful termination attorneys at the[Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact/) can help you fight for your rights. Call us today at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Do I Prove Retaliatory Discharge In Illinois?](https://chicagolegalcounsel.com/how-do-i-prove-retaliatory-discharge-in-illinois/) **Published:** February 9, 2023 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/52732-youre-fired-image-e7718450-300x222.png "52732-youre-fired-image-e7718450 | Law Office of Joshua McCann")Illinois has an [at-will employment policy](https://www.natlawreview.com/article/illinois-employment-law-developments), meaning you can be fired without cause. However, this is different than a company firing you for a reason that is illegal under state or federal law. The state and federal governments ban employers from firing people for unlawful reasons, including age, race, religion, gender identity, national origin, or disability. You also are protected from being fired for retaliatory discharge. However, if you believe you are a victim of [retaliatory discharge or wrongful termination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees), the Law Offices of Joshua D. McCann, LTD may assist you. ## What Is Retaliatory Discharge In Illinois? [Retaliatory discharge](https://www.eeoc.gov/retaliation) is one exception to at-will employment rules. For you to prove there was a retaliatory discharge, you must show you were fired and that the termination was because you were engaged in a ‘protected activity.’ Also, the termination must have violated a mandated public policy, such as in the state or federal constitution. You might have a valid claim for retaliatory discharge if you were fired for complaining that your company was doing something illegal. Also, you could file a retaliatory discharge claim if you are fired for refusing to do something illegal on the job. For instance, there could be a retaliatory discharge lawsuit if you were fired for not providing false testimony in court. There also could be a claim when the company fires you because you complained about them violating laws, such as the Clean Air Act or Clean Water Act. ## How Do You Prove Retaliatory Discharge? You must prove one of these to have a retaliatory discharge case: - You were engaged in a protected activity, and your firing was related to that activity. There might be direct written evidence that you were terminated because of your actions. Or you may prove the case by providing circumstantial evidence that the company engaged in discriminatory behavior. However, direct evidence carries more weight in a retaliatory discharge case. - You were fired because you would not engage in discriminatory action. If you think you were fired because of this, you need to prove that you thought the act was discriminatory and that you would not act because of this fact. As noted earlier, in many cases, a company is not required to offer a reason for your being fired in Illinois. However, if the company is accused of retaliatory discharge, it may need to show that the firing did not stem from protected behavior. For example, they might point out your poor performance at work or how your attitude negatively affected the workplace. In this situation, you must talk to a wrongful termination attorney today. ## Speak To A Chicago Wrongful Termination Attorney Do you think you were fired for being a member of a protected class, such as gender identity, race, sex, or age? Or, were you a victim of retaliatory discharge? You may be able to file a state or federal wrongful termination claim. Please contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) at [(847) 450-1103](tel:8474501103) for a consultation about your wrongful termination or retaliatory discharge case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Does The Civil Service Reform Act Protect Federal Employees?](https://chicagolegalcounsel.com/how-does-the-civil-service-reform-act-protect-federal-employees/) **Published:** February 23, 2023 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/52734-michael-smith-2-how-does-the-civil-service-reform-act-protect-federal-employees_f-300x200.png "52734-michael-smith-2-how-does-the-civil-service-reform-act-protect-federal-employees_f | Law Office of Joshua McCann")The [Civil Service Reform Act of 1978 (CRSA)](https://www.gao.gov/products/fpcd-80-38) was devised to offer government managers more flexibility to enhance government productivity and operations. It also was written to protect federal workers from unwarranted or unfair practices. The 1978 law set up merit system principles (MSPs) and prohibited personnel practices (PPPs) that safeguard federal applicants and employees for federal jobs. The Office of Special Counsel administers this law. While the CRSA has done much to protect federal employees, there are still problems. If you think you were discriminated against while working for the federal government, our [federal employee discrimination attorneys in Chicago](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees) can help. ## More About The CSRA of 1978 This federal law also replaced the Civil Service Commission with the following federal agencies that protect federal workers: ## The Merit Systems Protection Board (MSPB) The goal of this organization is to safeguard important merit system principles. It also is intended to encourage a robust federal workforce that does not engage in illegal personnel practices. In addition, the MSPB listens to federal employee appeals and researches federal merit systems to protect federal worker rights. ## The Office of Personnel Management (OPM) [The OPM is the major HR agency](https://www.opm.gov/) and personnel policy organization for the US government, It provides HR leadership and support to all federal organizations. It also helps federal employees to achieve their work aspirations in their service to the American public. ## The Federal Labor Relations Authority (FLRA) The purpose of this authority is to offer a collective bargaining setup for the many classifications of federal employees. The FLRA is an intricate part of the labor-management relationship between federal workers and managers. ## If You Were Discriminated Against In The Federal Government, What Should You Do? If you think you are a victim of discrimination or retaliation in the federal government, you must follow an administrative process to resolve the issue. For example, you may be a victim of retaliation for reporting discrimination in the federal workplace. You first need to talk to an EEO counselor at the federal agency where the alleged discrimination occurred. However, the EEO process must be started within 45 days of the alleged discriminatory behavior. If you miss this deadline, it can be extended in these situations: - You were not told of the 45-day time limit or were simply unaware of them. - You did not know that the discrimination occurred at the time. - You could not contact the EEO counselor promptly for reasons outside your control. If you have difficulty reporting discrimination in the federal workplace, a federal discrimination attorney in Chicago can handle the process for you. ## Speak To Our Federal Employee Discrimination Attorneys In Chicago The CSRA is vital because it was one of the biggest reforms to federal personnel regulations since 1883, which was the Pendleton Civil Service Reform Act. Do you think you were discriminated against in federal employment at the Kluczynski Federal Building or another federal building in Chicago? If so, please [contact the Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Do Illinois Pregnancy Laws Protect Women At Work?](https://chicagolegalcounsel.com/do-illinois-pregnancy-laws-protect-women-at-work/) **Published:** March 15, 2023 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/53690-smith-1-how-do-illinois-pregnancy-laws-protect-women-at-work_march-2023-e74393b0-300x200.png "53690-smith-1-how-do-illinois-pregnancy-laws-protect-women-at-work_march-2023-e74393b0 | Law Office of Joshua McCann")In 2014, Illinois Governor Pat Quinn signed pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act. This act provided pregnant women with more workplace protections than they had previously. Learn more about Illinois pregnancy laws and wrongful termination in this article. If you have questions about your case, talk to our [FMLA wrongful termination lawyer in Chicago](https://chicagolegalcounsel.com/employment-law/employment-discrimination) at Law Offices of Joshua D. McCann, LTD. ## Pregnancy Discrimination Overview Illinois is an at-will employment state. This means that your company can terminate your employment for no reason. However, this does not mean they can fire you for illegal reasons. If your company fires you illegally, it is a wrongful termination. Some kinds of wrongful termination include sex or pregnancy, age, race, and sexual orientation. For example, state and federal laws protect you against being fired because you are pregnant. Federal law outlaws employers with more than 15 workers to fire because of pregnancy. But the Human Rights Act in Illinois applies to all workers. ## Your Rights Under The Illinois Human Rights Act If you are pregnant and work in Illinois, the Act requires you to have certain rights during your pregnancy. For example, your employer must make reasonable accommodations based on your medical restrictions during the pregnancy. For example, if you work as a cashier and are on your feet for many hours, your employer may need to give you more breaks so you can rest. Also, you can sue for damages if you prove that you were wrongfully terminated because of your pregnancy. ## What To Do If You Suspect Pregnancy Discrimination Here are essential steps to take if you suspect pregnancy discrimination: - Document the discrimination: Write down details about what happened, who did what, and when. - Talk to your supervisor: Talk with your boss or HR and ask about how the company handles pregnancies and reasonable accommodations. - Talk to co-workers: Do you know other employees who were pregnant at work? Find out how they were treated. - File a complaint: File your complaint through HR or your supervisor. - File with the state and federal government: If the matter is unresolved, you can file your complaint with the state and federal governments. ## What Damages Are Available For Wrongful Termination? It is a serious matter if your employer discriminates against you in Illinois. You cannot be fired or discriminated against because you are having or had a baby. If it happens, you must talk to a Chicago FMLA wrongful termination lawyer today. The first thing to do is to file discrimination charges with the federal and state government. Next, contact the federal[ Equal Employment Opportunity Commission (EEOC)](https://www.eeoc.gov/laws/guidance/enforcement-guidance-pregnancy-discrimination-and-related-issues) and the Illinois Department of Human Rights. These agencies may try to intervene and settle the matter between you and your employer. The federal[ Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla) also addresses pregnancy rights and discrimination. The state of Illinois allows you to file a lawsuit and request damages for wrongful termination. If you want to sue your company before the state government reviews the claim, you must ask the government to give you a right-to-sue letter. If you win the case, you can get your job back and receive backpay and other compensation. ## Talk To Our FMLA Wrongful Termination Lawyer In Chicago Do you think you were wrongfully terminated because of your pregnancy? You could be entitled to compensation in a lawsuit. Contact our [FMLA wrongful termination lawyer](https://chicagolegalcounsel.com/contact) in Chicago at Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What To Do If Told You're Too Old For Job](https://chicagolegalcounsel.com/what-to-do-if-told-youre-too-old-for-job/) **Published:** March 24, 2023 **Author:** msaawe **Content:** Illinois is an at-will employment state, so an organization may fire workers without cause and at any time. However, if they discriminate against and terminate you, that is another matter. Age discrimination in the workplace is illegal in Illinois, so if you think it happened to you, talk to our[ Illinois age discrimination attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) at Law Offices of Joshua D. McCann, LTD. ## How Common Is Age Discrimination In America? Age discrimination often happens in the United States and [2/3 of workers between 45-74 claim](https://www.aarp.org/work/age-discrimination/facts-in-the-workplace/#:~:text=Two%20out%20of%20three%20workers,age%20discrimination%20are%20even%20higher.) they have seen or experienced this type of discrimination. Also, job seekers at least 35 years old say it is a significant obstacle to getting a job. Unfortunately, if you work in entertainment or technology, you may be even more likely to face age discrimination. Furthermore, most people think age discrimination starts in America when people turn 50, and 22% of those surveyed recently said they believe it begins even before that. ## Age Discrimination Overview If you are at least 40 and believe a decision about your job was based on your age, you might have an[ age discrimination claim](https://www.eeoc.gov/age-discrimination), especially if someone says you are too old. You also may have an age discrimination claim in these cases: ● You receive a negative performance review because the company thinks you must be more active in handling new projects. ● You were not hired because the company indicates it wants younger workers at a lower salary. ● You notice that most layoffs were among older staff, and younger employees kept their jobs, even when they lacked experience. ● Your manager commented that you are too old for your job before terminating you. Offhand comments such as ‘old man’ or other derogatory references to age also could be the basis of a lawsuit. Remember, age discrimination is against state and federal law, including: ● Illinois Human Rights Act (IHRA): This makes it illegal for employers to discriminate based on age in hiring, recruiting, terminating, and promoting. The Act also offers robust legal protections because the law applies to all organizations in the state with at least one worker. ● Age Discrimination In Employment Act (ADEA): This makes it against the law for organizations to discriminate against workers who are 40 or older, including in hiring, promoting, terminating, and compensating. However, this law only applies to companies with at least 20 workers. ● Older Workers Benefits Protection Act (OWBPA): This amended the ADEA to safeguard older employees from being denied benefits because of how old they are. ## How To File An Age Discrimination Claim You should speak to an attorney to protect your rights if you think you were fired or not hired because of your age. Engaging an attorney is also helpful if a company retaliates against you for taking a protected action, such as whistleblowing. Filing an age discrimination claim requires several steps, and you need permission from the EEOC to do so. Your attorney can walk you through this complex process. ## Contact Our Illinois Age Discrimination Attorney Today Some parts of life are not in our control, and our age is one of them. Were you told you are too old for a job in Illinois? You could be eligible for an Illinois age discrimination claim, so [speak to our Illinois age discrimination attorney](https://chicagolegalcounsel.com/contact/) at Law Offices of Joshua D. McCann, LTD today at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How To Prove Retaliatory Discharge In Illinois?](https://chicagolegalcounsel.com/how-to-prove-retaliatory-discharge-in-illinois/) **Published:** March 29, 2023 **Author:** msaawe **Content:** ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/53689-smith-2-how-to-prove-retaliatory-disharge-in-illinois_march-2023-a2c8ba67-300x200.png "53689-smith-2-how-to-prove-retaliatory-disharge-in-illinois_march-2023-a2c8ba67 | Law Office of Joshua McCann")Illinois is an at-will employment state, meaning that your company can fire you for no reason at any time. However, there are exceptions. For example, an employer cannot fire you for illegal reasons, including as retaliation for engaging in a protected activity. If you think you were wrongfully terminated, talk to our [Chicago retaliatory discharge attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination) at Law Offices of Joshua D. McCann, LTD now. ## What Is Retaliatory Discharge In Illinois? Retaliatory discharge is an exception to Illinois’ at-will employment policy. If you want to show your company retaliated against you, the following must be proven: - You worked at the company and were fired. - The termination happened because you engaged in a protected activity. - The termination violated a clear mandate of public policy. Most often, employees succeed with a retaliatory discharge if they were terminated because they complained that their company was engaging in illegal conduct. Also, a retaliatory discharge can happen if the company fires you if you would not involved in unlawful behavior. Suppose your employer terminated you because you would not offer false testimony in court. Or, the company fired you because you complained to the state government about them abusing the Clean Water Act or Clean Air Act. ## Examples of Employer Retaliation Your employer may retaliate by firing you. But there are other types of retaliation, according to the[ US Equal Opportunity Commission (EEOC):](https://www.eeoc.gov/overview#:~:text=The%20U.S.%20Equal%20Employment%20Opportunity,national%20origin%2C%20age%20(40%20or) - Verbally or physically abuse you - Make work difficult for you - Threaten you with being fired - Have more supervision of you than other employees in a similar position - Put you into a less desirable role with lower pay ## More About Proving Retaliatory Discharge Your wrongful termination attorney will need to prove the following to win your case: ### You Were Engaged In A Protected Activity Your lawyer must prove you were engaged in the activity that got you fired. For example, your employer may write an email or memo to other workers that you were fired for specific protected behavior. However, you must often collect circumstantial evidence to prove a retaliatory discharge claim. For example, your attorney may take depositions from employees who can detail how others were wrongfully fired. Of course, direct evidence is better, but that is only sometimes possible. ### You Were Terminated For Not Taking A Discriminatory Action If you think you were fired because you would not take a discriminatory action, you must show that you thought it was discriminatory and would not act because of it. The employer is usually not required to provide a reason for terminating you. But if you complain it was a retaliatory termination, they may need to show in court that the firing was unrelated to protected behaviors. For example, they may point out that you have a subpar yearly review or were often late to work. ## Talk To Our Chicago Retaliatory Discharge Attorney Now Do you suspect your employer fired you to retaliate against you? This is illegal under Illinois state law, and you could be entitled to damages. [Contact our Chicago retaliatory discharge attorney](https://chicagolegalcounsel.com/contact) today at Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:8474501103). Our attorneys have years of experience helping wrongfully fired clients, and we can help you. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Are Payments Determined For Wrongful Termination?](https://chicagolegalcounsel.com/how-are-payments-determined-for-wrongful-termination/) **Published:** April 5, 2023 **Author:** msaawe **Content:** Being without a job is stressful, and if the situation happened because of wrongful termination, it is even more upsetting. So first, learn how payments are determined for wrongful termination and related topics below. Next, speak to our[ Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) at Law Offices of Joshua D. McCann, LTD for assistance with your case. ## What Is Wrongful Termination In Illinois? ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/55217-smith-1-how-are-payments-determined-for-wrongful-termination_april-2023-7332780f.jpg "55217-smith-1-how-are-payments-determined-for-wrongful-termination_april-2023-7332780f | Law Office of Joshua McCann")[Illinois has an at-will employment rule](https://labor.illinois.gov/faqs.html#:~:text=Yes.,without%20any%20reason%20or%20cause.), meaning that workers and companies can terminate their employment agreement at any time. Because either party can end employment, it is only a wrongful termination when the company violates the at-will employment rules. These violations include: ● Violating the contract with the employee ● Discriminating against the employee ● Retaliating against the employee for whistleblowing and other protected actions ● Firing the employee for taking time from work, employment, or health leave ## What Is Wrongful Termination From Discrimination? While an employer can terminate your employment without reason, it is illegal to discriminate against and fire someone in one of these protected classes: ● Age ● Race ● National origin ● Disability ● Pregnancy ● Disability ● Sex Do you think you were terminated because of discrimination? First, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) and the Illinois Department Of Human Rights. If the EEOC decides you have a wrongful termination case, they will file a lawsuit. But if the EEOC rules against you, filing a wrongful termination lawsuit is still possible. ## Damages In A Wrongful Termination Case If you win your case, you may receive economic and non-economic damages. Economic damages include both past and future earnings. This number is relatively simple, based only on your past and future earnings. Non-economic damages are harder to calculate because they include emotional suffering, pain, and sometimes punitive damages. They include: ● Loss of monthly earnings ● Loss of job benefits ● Medical costs ● What a job search cost ● Pain and suffering ● Punitive damages, when applicable ● Liquidated damages that you had to pay when terminated ## How Do You Calculate Wrongful Termination Benefits? If you win your claim or lawsuit, you may be entitled to damages for wrongful termination. Quantifying the damages means knowing your total yearly compensation from your job. This includes your annual salary, commissions, bonuses, lost raises because you were fired, and lost benefits. Once this number is determined, it is multiplied by how many years you have been without a job and how many years you may be without a job if you have not already found one. Here is a simple formula that may be used to calculate benefits or damages in a wrongful termination lawsuit: *Total Yearly Compensation x Number of Years Unemployed = Financial Damages* But this figure does not consider other factors: age, kind of job, experience, education, pain, and suffering. That is why if you were wrongfully terminated, you should work with an attorney who handles these cases regularly. Wrongful termination settlements can vary widely based on your job, income, experience, age, etc. However, the EEOC reports the[ average wrongful termination settlement ranges from $5,000 to $80,000](https://www.eeoc.gov/remedies-employment-discrimination). Also, about 10% of wrongful termination cases lead to a verdict of at least $1 million. Wrongful termination because of sex, disability, or racial discrimination tends to be worth more. ## Contact Our Chicago Wrongful Termination Lawyer Now Do you believe you were wrongfully terminated in Chicago? You could be entitled to compensation, so[ contact our Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/contact/) at Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Are Violations Of Family And Medical Leave Act Common?](https://chicagolegalcounsel.com/are-violations-of-family-and-medical-leave-act-common/) **Published:** April 19, 2023 **Author:** msaawe **Content:** The[ Family Medical Leave Act of 1993 (FMLA)](https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections) intends to help workers balance their family and work lives by providing many employees unpaid leave for medical or family reasons. If you are eligible, you may take up to 12 weeks of unpaid leave annually and still qualify for your healthcare benefits. Unfortunately, FMLA violations happen, such as when a worker was[ wrongfully fired for taking a vacation while on leave](https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employer-makes-million-dollar-fmla-mistake.aspx). If this has happened to you, our[ Illinois family medical leave attorneys in](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act/) Chicago at Law Offices of Joshua D. McCann, LTD can help. ## FMLA Violation Statistics ![](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/55215-person-using-the-computer-on-a-desk-5695f09f.jpg "55215-person-using-the-computer-on-a-desk-5695f09f | Law Office of Joshua McCann")The US Department of Labor compiles statistics on [FMLA complaints and no-violation cases annually](https://www.dol.gov/agencies/whd/data/charts/fmla). Recent statistics are: ● FY 2022: Complaints – 780; Percent of no-violation cases: 60.4% ● FY 2021: Complaints – 928; Percent of no-violation instances: 57% ● FY 2020: Complaints – 966; Percent of no-violation cases: 52% ## Common Family Medical Leave Act Violations FMLA violations happen every day in America. Sometimes, the employer violates the law out of ignorance, while others may do so purposely to save money. No matter if the violation was intentional or not, be watchful for the following FMLA violations: ### Not Recognizing An FMLA Leave Request You do not have to use the magic words ‘FMLA leave’ to take your legally-allowed leave. Instead, you only need to tell your company enough to know they must give you time off under FMLA. So, for instance, your company should know that a worker who asks for a month off to spend time with their newborn is asking for FMLA leave. ### Delaying FMLA Leave US law established in 1993 that workers have a right to FMLA leave. But employers still have rights, as well. For example, the company can delay your leave if you need leave for a foreseeable reason and do not give 30 days’ notice. But other than that exception, you can take your leave when required. For instance, if your doctor says you need immediate hip surgery tomorrow, your company cannot make you delay the procedure because it does not fit their schedule. Instead, you should try to provide 30 days’ notice, but this is not always possible. ### Making The Worker Work On Leave Employees on FMLA leave do not need to work. But the company might check in with you from time to time and ask work-related questions. For instance, if your temporary replacement cannot locate a vital client file, they can call or email you. But the employer cannot make you take on your usual job duties on leave. ### Asking For Too Much Notice The leave act allows companies to make their workers follow the customary notice requirements, but only for paid leave. The company cannot mandate more notice when it is FMLA unpaid leave than federal law allows. This problem may arise when the worker needs unpaid leave for an emergency health problem and cannot give notice (see the hip surgery example above). You may have to follow the company’s rules to get paid for that time off, but your right to unpaid leave is under FMLA’s notice rules. ## Contact Our Family Medical Leave Attorneys In Chicago Sadly, sometimes employers take advantage of workers who do not understand the family medical leave system. When you are most vulnerable, you need an attorney who will fight for your medical leave rights. Please [contact our family medical leave attorneys](https://chicagolegalcounsel.com/contact/) in Chicago at Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Constitutes Wrongful Termination In Illinois?](https://chicagolegalcounsel.com/what-constitutes-wrongful-termination-in-illinois/) **Published:** May 10, 2023 **Author:** msaawe **Content:** Illinois is an[ ‘at will’ state](https://labor.illinois.gov/faqs.html) for employment, meaning companies can fire you anytime and for any reason. However, if you are discriminated against and let go, this is against the law. Learn details about wrongful termination below, and contact our Chicago[ wrongful termination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at Law Offices of Joshua D. McCann, LTD if you believe you were illegally fired. ## How Is Wrongful Termination Defined In Illinois? Wrongful termination occurs when an organization violates the exceptions to the at-will employment laws of Illinois. These exceptions are: ● Discrimination ● Retaliating for whistleblowing and other protected actions ● Firing an employee for taking time off work ● Violating the employee’s contract Illinois organizations can fire workers without reason, but you are protected in Illinois from being fired for your age, race, sex, disabilities, and national origin. You cannot be terminated for citizenship status, religion, marital status, or pregnancy. The law applies to companies with at least 15 workers for most of these types of discrimination. However, the law against age discrimination only applies to companies with at least 20 workers. The law against firing people for citizenship status applies to companies with four or more workers, but all Illinois organizations must comply with the law banning discrimination against disabilities. ## What Is Wrongful Termination For Taking Time Off Work? State and federal laws protect you when taking time off work in certain situations, including personal responsibilities and civic requirements. For example, you cannot be terminated for taking the following types of leave: ● Up to five years of military leave ● Voting ● Jury duty ● Taking up to 12 weeks annually for family and medical leave ● Taking time off to see a child or spouse who was deployed in the military or to get medical treatment ## When Is Termination Legal In Illinois? Not every termination in Illinois is illegal. For example, you can be legally fired for poor performance, subpar work quality, improper behavior on the job, disrespectfulness, being late, and insubordination. ## What Can You Receive In A Wrongful Termination Claim? The most common compensation for a wrongful termination claim is monetary damages. However, you also can receive compensation if you file a wrongful termination lawsuit. The amount of damages you receive in the case depends mainly on the facts of the specific situation. Some injuries you could receive in your claim include: ● Back pay ● Lost earnings ● Medical expenses ● Costs of finding new work ● Lost fringe benefits ● Attorney’s fees ● Pain and suffering ● Punitive damages However, note that damages for pain and suffering, punitive damages, and attorneys’ fees are seldom awarded. The court also may decide to compensate you in these ways: ● Reinstatement ● Writing an injunction to prevent the company from doing the same thing again ● Ordering the organization to rewrite its hiring and termination policies according to the law ## Speak To Our Chicago Wrongful Termination Lawyer Today Some wrongful termination cases are difficult to prove because Illinois is an at-will employment state. Collecting convincing evidence that you were illegally terminated can also be challenging. With an excellent attorney, however, it is possible to prevail. You have rights under Illinois law if you believe you were wrongly terminated. [Speak to our Chicago wrongful termination lawyer](https://chicagolegalcounsel.com/contact/) at Law Offices of Joshua D. McCann at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Illinois Pregnancy Leave Act - What It Protects](https://chicagolegalcounsel.com/illinois-pregnancy-leave-act-what-it-protects/) **Published:** June 28, 2023 **Author:** msaawe **Content:** Employment is vital to women’s equality, but women still can be discriminated against at work, such as when pregnant. However, in 2015, Illinois passed new laws that provide more protection for pregnant workers. If you have questions about the Illinois Pregnancy Leave Act, please speak to our [Chicago medical leave attorneys](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act) at Law Offices of Joshua D. McCann, LTD today. **Overview Of Illinois Pregnancy Accommodation** The new law also called the Pregnancy Accommodation Amendment, requires companies to provide reasonable accommodations for pregnant employees, even if the impairment does not meet the definition of what a disability is. This is a marked change from earlier laws that did not deal with accommodations for pregnant workers who were otherwise in good health. Under this law, Illinois companies may have to make [reasonable accommodations](https://dhr.illinois.gov/publications/pregnancy-rights.html#:~:text=II%2DC%3A%20Reasonable%20Accommodations,specifically%20prohibited%20under%20the%20Act.) for almost all pregnant workers, but this depends on the job. Also, the law enhances workers’ entitlement to accommodations when they are pregnant. If an employer does not provide reasonable accommodations for childbirth or pregnancy may constitute discrimination. If this happens to you, it is essential to have the case reviewed by a workers’ discrimination attorney. The law also requires companies to provide leave to pregnant workers. This leave must be provided for medical complications, doctors’ appointments, bed rest, or time off for recovering after childbirth. The worker can return to their job when they are fully recovered. This is a big change for many Illinois employers; previously, many would only provide leave for medical disabilities and required that workers meet the requirements for federal medical leave. **Employers Cannot Mandate Leave Or Accommodation** Companies may sometimes not just be reluctant to make reasonable accommodations for pregnant workers. They also may attempt to force accommodations on workers they do not want. However, the new law also states that Illinois companies cannot force a pregnant employees to accept accommodation. For instance, the company cannot reassign a pregnant woman to a job where she is not as visible or make her take leave before she wants it. It is estimated that 67% of pregnant women work, and many work until just before childbirth. So, many women need to be able to work for almost all of their pregnancy and the new law ensures that can happen. **Limits And Posting Requirements** The Illinois Pregnancy Accommodation law does not require employers to create a new job for the pregnant employee if one does not exist. It also does not require the company to terminate a worker who has more time on the job or provide that job to the pregnant employee. But as noted earlier, it does require the company to provide reasonable accommodations for pregnant workers, including buying special equipment for the worker’s benefit. **Contact Our Chicago Medical Leave Attorney Today** Laws have improved in Illinoisto provide more work safeguards for pregnant women. Unfortunately, it is not unusualfor employers to discriminate against women who are pregnant. If you suspectthis has happened to you or you have questions about medical leave and relatedlegal issues, [speak to our Chicago medical leave attorney](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How the New Illinois Workers' Rights Law Helps Workers](https://chicagolegalcounsel.com/how-the-new-illinois-workers-rights-law-helps-workers/) **Published:** July 12, 2023 **Author:** msaawe **Content:** In November 2022, voters in Illinois approved a new law called the Illinois Workers’ Rights Amendment (IWRA) that guarantees all workers collective and organizing bargaining rights that promise to help workers in many ways. However, the new law is complicated, so if you have questions about it, our [Schaumburg employee rights lawyer](https://chicagolegalcounsel.com/employment-law) can help you. ### What Is The IWRA? The [Illinois Workers’ Rights Amendment](https://www.ilga.gov/legislation/BillStatus.asp?DocNum=11&GAID=16&DocTypeID=SJRCA&SessionID=110&GA=102) contains new language for the state constitution that reaffirms all Illinois workers’ rights to bargain and organize through their chosen representatives to negotiate hours, wages, and working conditions. They also are authorized to protect their safety and economic welfare on the job. The law also states that local governments are not allowed to pass laws interfering with Illinois workers’ rights to organize and collectively bargain. This is called a blocking regulation, which protects workers from other laws that could be passed to counteract the IWRA. The [Economic Policy Institute](https://www.epi.org/blog/illinois-workers-rights-amendment-sets-new-bar-for-state-worker-power-policy-other-state-legislatures-should-seize-the-moment-to-advance-worker-racial-and-gender-justice-in-2023/#:~:text=Illinois'%20broadly%20worded%20new%20Workers,legislation%20that%20limits%20bargaining%20rights.) states that the amendment also contains detailed language that creates a firewall against attacks against workers’ rights and to unionize. These are, the Institute states, threats to repeal or undermine public sector employees’ right to collectively bargain and efforts to reduce collective bargaining rights with ‘right-to-work’ (RTW) laws. For example, RTWs typically try to prohibit employers and unions from inserting union security agreements into union contracts. ### The IWRA May Be Preempted The National Labor Relations Act (NLRA) The NLRA and other federal laws also protect collective bargaining rights of most workers. But there are questions about how much the NLRA preempts much of the material in the Illinois law. The new amendment has protections that apply to all workers, not just those in the public sector. As a result, private sector companies in the state may argue that the new law does not apply to them because the NLRA preempts the subject matter in the IWRA. Federal preemption in the private employer sector is related to the US Supreme Court’s views on the NLRA, which started in 1959 in a case and has been recognized ever since. Courts apply preemption under the National Labor Relations Act to expand the NRLA’s whole subject matter. ### The Amendment Protects Union Security The new amendment looks to block the state from ever becoming an RTW state, which also prohibits requirements for workers to join unions. Today, there are [28 RTW states](https://www.foxbusiness.com/lifestyle/right-to-work-states-what-that-means-for-employees), which include Iowa, Wisconsin, and Michigan. The NLRA allows all states to ban required union membership as a requirement of employment. But the new Illinois law does the opposite because it bans laws that prevent agreements between companies and labor groups that require union membership to work at an employer. So, the language would stop any legislative efforts to pass an RTW law in the state. Of course, the language could be challenged due to preemption of the NLRA, but it is uncertain how such a legal challenge would pan out. ### Contact Our Schaumburg Employee Rights Lawyer There are still questions to be answered about the IWRA, but it seems certain that the new law will expand worker protections for collective bargaining in Illinois. If you have questions about the law, [speak to our Schaumburg employee rights lawyer](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:8474501103). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Do I Prove Retaliatory Discharge in Illinois?](https://chicagolegalcounsel.com/how-do-i-prove-retaliatory-discharge-in-illinois-1/) **Published:** July 26, 2023 **Author:** msaawe **Content:** Illinois has an [at-will employment policy](https://labor.illinois.gov/faqs.html#:~:text=Yes.,without%20any%20reason%20or%20cause.), meaning you can be fired without cause. However, this is different than a company firing you for a reason that is illegal under state or federal law. The state and federal governments ban employers from firing people for unlawful reasons, including age, race, religion, gender identity, national origin, or disability. You also are protected from being fired for retaliatory discharge. However, if you believe you are a victim of [retaliatory discharge or wrongful termination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees), the Law Offices of Joshua D. McCann may assist you. ### What Is Retaliatory Discharge In Illinois? Retaliatory discharge is one exception to at-will employment rules. For you to prove there was a retaliatory discharge, you must show you were fired and that the termination was because you were engaged in a ‘protected activity.’ Also, the termination must have violated a mandated public policy, such as in the state or federal constitution. You might have a valid claim for retaliatory discharge if you were fired for complaining that your company was doing something illegal. Also, you could file a retaliatory discharge claim if you are fired for refusing to do something illegal on the job. For instance, there could be a retaliatory discharge lawsuit if you were fired for not providing false testimony in court. There also could be a claim when the company fires you because you complained about them violating laws, such as the Clean Air Act or Clean Water Act. ### How Do You Prove Retaliatory Discharge? You must prove one of these to have a retaliatory discharge case: - You were engaged in a protected activity, and your firing was related to that activity. There might be direct written evidence that you were terminated because of your actions. Or you may prove the case by providing circumstantial evidence that the company engaged in discriminatory behavior. However, direct evidence carries more weight in a retaliatory discharge case. - You were fired because you would not engage in discriminatory action. If you think you were fired because of this, you need to prove that you thought the act was discriminatory and that you would not act because of this fact. As noted earlier, in many cases, a company is not required to offer a reason for your being fired in Illinois. However, if the company is accused of retaliatory discharge, it may need to show that the firing did not stem from protected behavior. For example, they might point out your poor performance at work or how your attitude negatively affected the workplace. In this situation, you must talk to a wrongful termination attorney today. ### Speak To A Chicago Wrongful Termination Attorney Do you think you were fired for being a member of a protected class, such as gender identity, race, sex, or age? Or, were you a victim of retaliatory discharge? You may be able to file a state or federal wrongful termination claim. Please contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) at [(847) 450-1103](tel:8474501103) for a consultation about your wrongful termination or retaliatory discharge case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Are Illinois Child Labor Laws?](https://chicagolegalcounsel.com/what-are-illinois-child-labor-laws/) **Published:** August 16, 2023 **Author:** msaawe **Content:** There are many [child labor laws in Illinois](https://labor.illinois.gov/laws-rules/fls/child-labor-law.html) that you should be aware of that regulate the employment of those under 16. Below are some of the most critical child labor laws, and if you have questions after reading this article, our [Chicago employment law attorney](https://chicagolegalcounsel.com/employment-law) can assist you. ### Child Labor Age Restrictions One of the most important labor laws in the state involves age restrictions. Here are some of the most critical restrictions to be aware of for those under 16: - Children under 16 cannot be employed in manufacturing or mechanical occupations or processes, and they also cannot work in the building trades or on scaffolding. Those under 16 are also prohibited from using a motor vehicle or working in a quarry or mine. - They cannot be employed in dangerous jobs or that can damage their health or morals. They also cannot work in gas stations, railroad jobs, or specific construction and manufacturing jobs. - They also cannot serve or handle alcohol or work in amusement parks or bowling alleys. However, those under 16 can do work busing tables and help in the kitchen related to serving food at fraternal organizations and private clubs. If you are still determining if a certain job is appropriate for a child under 16, talk to an employment attorney for advice. ### Child Labor Time and Hours There are detailed laws in Illinois for times of day and hours of work for minors that you should be sure to follow. First, children under 16 can work up to eight hours per day or up to six straight days a week. They can also work up to 48 hours per week. Children under 16 are prohibited from working more than three hours on a day they have school or more than 24 hours in a school week. These minors can work on Saturday and Sunday for as much as eight hours per day if they do not work outside of school for more than six days per week and if their work outside school is not more than 24 hours per week. Illinois law also places limits on working late at night for minors and how long they can work between breaks. However, some additional work hours for minors during summer breaks are allowed. ### Child Labor Employment Documents Illinois law also requires that all minors under 16 have an employment certificate that may be valid for up to a year. Employment certificates, sometimes called working papers, are issued by the superintendent of the child’s school district. The child must apply for the employment certificate, and their parent or guardian must accompany them. The potential employer must have a statement of intention regarding the type of employment and the hours and days per week the child will be employed. The employer must keep the employment certificate while the child is employed there. The employer has to return the employment certificate to the official who issued it when the employment period is over. ### Speak to Our Chicago Employment Law Attorney If you have questions about employing a minor or have concerns about Illinois child labor laws, it is essential to have accurate legal advice. Please [contact our Chicago employment law attorney](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Common Is Race Discrimination in The Workplace?](https://chicagolegalcounsel.com/how-common-is-race-discrimination-in-the-workplace/) **Published:** August 30, 2023 **Author:** msaawe **Content:** Our skin color and nationality are part of our identities, but if an employer mistreats you based on your appearance or where you are from, that is against the law. There are state and federal protections in place that outlaw race discrimination at work. If you think you have been discriminated against in the workplace, our [race discrimination lawyer in Chicago](https://chicagolegalcounsel.com/employment-law/employment-discrimination/national-origin-race-religious-discrimination) would like to speak with you. ### Sobering Statistics on Race Discrimination in The Workplace In recent years, there have been national conversations on racism and injustice that received considerable attention. While some may believe that racial discrimination at work is in the past, the Gallup Center on Black Voices found in 2020 that about [24% of black and Hispanic employees](https://news.gallup.com/poll/328394/one-four-black-workers-report-discrimination-work.aspx) in the United States reported they were discriminated against at work in the last year. Those findings were gleaned from a large Gallup Web survey in November 2020 that showed workplace discrimination based on race is still an extensive problem. A follow-up question among those who claimed there was discrimination found that 75% of black workers said the discrimination was because of their race or ethnicity. This was higher than for Hispanics – 61% and whites – 42%. The 75% finding among black workers is consistent across age, gender, and income subgroups, with similar numbers saying the workplace discrimination they saw in the last year was based on their race. Blacks and Hispanics who work in science, technology, engineering, and math (STEM) have also reported extensive job discrimination in recent years. [A recent Pew Research poll](https://www.pewresearch.org/social-trends/2018/01/09/blacks-in-stem-jobs-are-especially-concerned-about-diversity-and-discrimination-in-the-workplace/) found that blacks in STEM jobs were four times as likely as whites in the same jobs to say their employers do not pay sufficient attention to boosting ethnic and racial diversity on the job. Black STEM workers were also more likely than blacks in non-STEM roles to say their companies pay insufficient attention to enhancing diversity (57% vs. 43%). The opposite was true in the survey for Hispanics: Those in STEM positions were less likely than those not employed in STEM to say their employers do not pay enough attention to diversity (23% vs. 37%). ### What to Do About Race Discrimination at Work in Illinois The[ Illinois Human Rights Act](https://dhr.illinois.gov/filing-a-charge/employment.html) prohibits workplace discrimination, including race, color, religion, sex, national origin, and age. The [Illinois Department of Human Rights](https://dhr.illinois.gov/filing-a-charge/employment.html#:~:text=Submit%20a%20completed%20Employment%20Complainant,days%20of%20the%20alleged%20discrimination.) (IDHR) investigates accusations of employment discrimination based on race, national origin, and religion against private employers and the state and local government. For an investigation to be started, the employer has to have at least 15 employees, with limited exceptions. You can file a [race discrimination complaint](https://dhr.illinois.gov/filing-a-charge/intake.html) at the IDHR website. If you think a federal employer discriminated against you, you should file a complaint with the Equal Employment Opportunity Commission (EEOC) or the EEOC counselor at the agency where the alleged discrimination happened. You must file your complaint with the EEOC within 300 days of the alleged discriminatory event. ### Speak to A Race Discrimination Lawyer in Chicago You can take legal action if you suspect you were discriminated against at work. Please [contact our race discrimination attorney in Chicago](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Cases Handled by Our Chicago Employment Lawyer](https://chicagolegalcounsel.com/cases-handled-by-our-chicago-employment-lawyer/) **Published:** September 13, 2023 **Author:** msaawe **Content:** When you are employed in Illinois, you are entitled to certain legal rights. But your rights may be overlooked when employers put profits over their employees. Fortunately, state and federal employment laws are created to safeguard employees and protect them from harm from employers. In this article, learn about employment-related claims our attorneys handle. If you have a potential case related to employment law, our [Chicago employment lawyer](https://chicagolegalcounsel.com/employment-law) at Law Offices of Joshua D. McCann, LTD can handle the matter promptly. ### Employment Discrimination Suppose you have been working at your Chicago employer for years, and suddenly you notice a serious change in how you are treated. You think you might be discriminated against. Several federal laws prohibit [job-related discrimination](https://chicagolegalcounsel.com/employment-law/employment-discrimination), including: - Title VII of the Civil Rights Act of 1964 - Equal Pay Act of 1963 - Age Discrimination in Employment Act of 1967 - Americans With Disabilities Act of 1990 ### Family and Medical Leave Act (FMLA) Many Americans suffer from medical conditions that affect how they do their jobs. The federal [Family and Medical Leave Act ](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act)was enacted to assist Illinois and nationwide employees in this situation. Some of these workers have medical conditions requiring special accommodations at work, while others may need extra time to care for themselves or loved ones. The FMLA states that eligible employees of covered employers can take unpaid leave and have their jobs protected for specific situations involving family and medical conditions. You can take up to 12 work weeks off in one year for various reasons, including medical care, childbirth, caring for someone who is ill, and more. ### Prerequisite Administrative Filings Many employees who come to our Chicago legal office do not know that they must file an [administrative complaint](https://chicagolegalcounsel.com/employment-law/prerequisite-administrative-filings) before filing an employment discrimination lawsuit. Depending on the situation, you must file a claim with the Illinois Department of Human Rights or the US Equal Employment Opportunity Commission. Our attorneys understand the procedural rules for filing discrimination allegations with either agency. ### Retaliatory Discharge And Wrongful Termination If you were fired for any reason, it may seem unfair, whatever the circumstances. But if you were fired for engaging in legally-protected activities, it is illegal. [Retaliatory discharge](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge) is a form of wrongful termination and can happen in any company. Our attorneys have seen many cases where workers were fired after they were hurt and intended to file worker’s compensation. Some employers will let employees go in this situation because claims raise the employer’s workers’ compensation insurance premiums. This type of discharge is illegal, and our attorneys have a strong record holding these types of employers accountable for their actions. ### Going to Court One of the most significant obstacles to bringing an employment-related claim to court is having sufficient evidence. There may not be direct evidence that you were discriminated against, but our attorneys can use the civil discovery process to investigate your workplace conditions for contradictions and inconsistencies that may undermine the reasons your employer offered. ### Contact Our Chicago Employment Lawyer Today If you have legal problems related to employment, you may be eligible to file a claim or lawsuit, depending on the circumstances. [Contact our Chicago employment lawyer](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD [(847) 450-1103](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Is There a Limit on Retaliatory Discharge Settlements?](https://chicagolegalcounsel.com/is-there-a-limit-on-retaliatory-discharge-settlements/) **Published:** September 27, 2023 **Author:** msaawe **Content:** Being fired for any reason is unpleasant and may seem unfair. But if you are fired for engaging in activities protected by the law, discharging you is illegal. Learn more about retaliatory discharge settlements in this article, and if you have questions, speak to our [Aurora retaliatory discharge lawyer](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge) now. ### Retaliatory Discharge Lawsuit Overview The Illinois Workers’ Compensation Act states that it is unlawful for an employer to coerce, discriminate against, refuse to recall or rehire, harass, fire, or threaten to hire a worker in retaliation for filing for workers’ compensation. If your employer fires you or forces you to resign, you could be eligible to file a retaliatory discharge lawsuit. You could receive some or all of these monetary damages: - Back pay - Future lost earnings - Attorney’s fees - Mental anguish - Punitive damages Unlike a workers’ compensation award, there is no limit on how much money you can receive in a retaliatory discharge settlement. Your attorney will review your case and damages and attempt to get you the highest amount possible. For instance, a 2016 retaliatory discharge case resulted in a $2 million award that the Illinois Appellate Court affirmed. The case was [Crowley v. Watson, et al.](https://www.illinoiscourts.gov/files/1142847.pdf/opinion), 2016 IL App (1st) 142847 (3/2/2016). ### How to Prove Retaliatory Discharge in Illinois In this state, [retaliatory discharge is a common-law tort](https://chicagolegalcounsel.com/resources/blog/what-you-should-know-about-retaliatory-discharge-in-illinois). This means it is not in any statute. To prove your retaliatory discharge case, you must prove these elements: - That the discharge was in retaliation for specific actions you took. - That the discharge violates company and public policy. ### How Can an Employer Retaliate Against You? The US Equal Opportunity Commission (EEOC) does not allow employers to punish employees and job applicants for asserting certain rights related to discrimination. Some activities that are retaliation in the eyes of the EEOC are: - Reprimand employees for no reason - Engage in verbal or physical abuse - Makes work hard for you - Threatens you with termination and then fires you - Increases scrutiny on you for no reason - Moves you to a less desirable role in the company Usually, an employer does not need to provide reasoning for firing you. But if they are accused of retaliatory discharge, they must prove that firing you was not retaliation. For example, they could prove that you had poor work performance, misbehaved, or were let go for non-protected reasons. The Illinois Whistleblower Act protects employees who expose illicit employer conduct to government officials, you have to hire an attorney for a retaliatory discharge claim. Your attorney is well-versed in state and federal laws in this area and will help you protect your rights. ### Contact Our Aurora Retaliatory Discharge Lawyer Today Do you suspect that you were a victim of retaliatory discharge? This is not just unfair: It is illegal. But with the help of a skilled employment lawyer, you could receive compensation for your losses. Our [Aurora retaliatory discharge lawyer](https://chicagolegalcounsel.com/contact) at Law Offices of Joshua D. McCann, LTD can help, so please call [(847) 450-1103](tel:8474501103) for more information. We have years of experience in retaliatory discharge cases and will fight for the most favorable outcome. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Are Single Mothers Protected From Workplace Discrimination?](https://chicagolegalcounsel.com/are-single-mothers-protected-from-workplace-discrimination/) **Published:** October 11, 2023 **Author:** msaawe **Content:** It is not unusual for single mothers to suffer workplace discrimination, and it can lead to considerable stress, suffering, and financial turmoil if it happens to you. However, there are state and federal laws that give you the ability to fight back. Learn about workplace discrimination in this article, and talk to our[ Schaumburg workplace discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) at Law Offices of Joshua D. McCann, LTD if you require additional information. ## The Illinois Human Rights Act And Employment Discrimination One of the key discrimination protections in Illinois is offered by the[ Illinois Human Rights Act](https://dhr.illinois.gov/filing-a-charge/faq-section-ii.html#:~:text=The%20Act%20prohibits%20discrimination%20based,)%2C%20physical%20or%20mental%20disability%2C). The Act bans discrimination in several areas, including employment, housing transactions, access to credit, and public accommodations. The Human Rights Act also outlaws sexual harassment and retaliation in work and of students in any educational institution in the state. Additionally, the Act bans discrimination based on many protected classes. These include: - Sex - Race - Color - Religion - National origin - Age - Marital status - Order of protection status - Military status - Conviction record The law also outlaws discrimination based on pregnancy, legal status, and arrest record in job-related matters. Some of the protections offered in employment include: - Hiring - Firing - Harassment - Layoff - Demotion - Promotion - Pay - Tenure - Terms and conditions of employment - Performance evaluation - Transfer pay For example, it is common for companies to discriminate against single women with children because they may need more time off of work. A single mother could notice she did not receive the expected promotion. Instead, the promotion went to a younger woman without children. Is this discrimination? Not necessarily, but it is possible and should be investigated. ## How Do You Know If A Job-Related Problem Is Illegal Discrimination? One way that may suggest illegal discrimination occurred is to compare how people in various protected classes were treated at work. For instance, if you find out you, a single mother, received disciplinary action at work but someone not in a protected class did the same thing, it could be illegal discrimination. However, the Act requires you to prove that you suffered an adverse employment action because of your protected status, such as being a single mother. Proof of causation can be obtained by either direct or circumstantial evidence. Causation will require a legal analysis by a skilled workplace discrimination lawyer. Employers in Illinois understand it is illegal to discriminate against someone in a protected class. So, they will usually provide a nondiscriminatory reason for their actions. Proving that the employer acted illegally and discriminatorily against you is not easy and requires the help of an experienced attorney. If you think you were fired unlawfully or disciplined at work because you are in a protected class, talk to one of our workplace discrimination attorneys today. ## Where You Can Report Workplace Discrimination You can report alleged workplace discrimination to the Illinois Department of Human Rights or the Equal Employment Opportunity Commission. However, you must file the charge within 300 days of the alleged discriminatory act. ## Speak To A Schaumburg Workplace Discrimination Lawyer If you are a single mother in Schaumburg and suspect you were discriminated against at work, you do not have to tolerate it. You could have legal options, so [contact our Schaumburg workplace discrimination lawyer](https://chicagolegalcounsel.com/contact/) at Law Offices of Joshua D. McCann, LTD or call us at [(847) 450-1103](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Statute Of Limitations For Wrongful Termination In Illinois](https://chicagolegalcounsel.com/statute-of-limitations-for-wrongful-termination-in-illinois/) **Published:** October 25, 2023 **Author:** msaawe **Content:** The[ Illinois Department of Labor](https://labor.illinois.gov/faqs.html#:~:text=Illinois%20is%20an%20%22employment%20at,without%20any%20reason%20or%20cause.) states that Illinois is an at-will employment state, meaning that your employer can terminate you for any reason. However, this does not mean they can fire you because they do not like your race, sex, color, religion, place of origin, or marital status. Terminating an employee for belonging to a protected class is against the law. Learn about wrongful termination below, and then our[ wrongful discrimination lawyer in Schaumburg](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) can address your specific questions. ## What Are The Most Common Wrongful Termination Claims? Not every termination at work is illegal because employers have considerable latitude when they make hiring decisions. You probably do not have a wrongful termination case if your company fires you for a criminal offense even if you did not do it, or if the firm lets you go simply because of personality differences. Instead, many wrongful termination cases in Illinois involve discrimination against protected classes mentioned earlier. If, for example, you think you were fired because of your color, this violates state and federal laws and is a serious matter. Another common form of workplace discrimination is retaliation. This is where your employer retaliates against you for doing something it did not like, such as applying for workers’ compensation. It also is not unusual for someone to be wrongfully terminated for rebuffing the sexual advances of a manager. A wrongful termination case also could involve a violation of public policy, such as a worker blowing the whistle on illegal activity on the job or filing an EEOC claim. Some wrongful termination claims also relate to breach of contract issues. If you have a contract with your company, you may not be an at-will employee, so there could be terms in the contract that mean you cannot be fired. ## Statute Of Limitations For A Wrongful Termination Case In Illinois Illinois has various statutes of limitation for different kinds of employment claims. For wrongful termination, the statute of limitations for a written contract is 10 years, and five years for an oral contract. For retaliatory discharge, the statute of limitations is five years. Also, you have three years to make an unpaid wages claim. ## Wrongful Termination Is Difficult To Prove, So Hire An Attorney Wrongful termination is challenging to prove because Illinois is an at-will state. It also can be hard to collect enough evidence to support your claim. For example, many wrongful termination cases hinge on what you and your employer said in a closed-door meeting. It is challenging to successfully represent yourself in a wrongful termination case because convincing evidence is difficult to obtain. Your attorney will know the best evidence to gather to support your claim and may even be able to help you collect it. ## Speak To Our Wrongful Discrimination Lawyer In Schaumburg Today Illinois is an at-will employment state, so a company can fire you without a cause or reason. However, it cannot discriminate against you based on color, race, sex, religion, national origin, marital status, etc. You could have a valid wrongful termination case if you suspect that happened. [Contact our wrongful discrimination lawyer in Schaumburg](https://chicagolegalcounsel.com/contact/) at Law Offices of Joshua D. McCann, LTD for help at [(847) 450-1103](tel:8474501103) for a consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Is Required to Prove Age Discrimination In Illinois?](https://chicagolegalcounsel.com/what-is-required-to-prove-age-discrimination-in-illinois/) **Published:** November 8, 2023 **Author:** msaawe **Content:** There are some parts of our lives that we have no control over, and age is one of them. So if you are discriminated against in the workplace because of your age, it can be devastating because it is part of who you are that cannot be changed. At the Law Offices of Joshua D. McCann, LTD, our[ Illinois age discrimination lawyers](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination) understand how outrageous it can feel to be discriminated against because of your age. Robust state and federal laws protect you from age discrimination, and you have legal options if you can prove your case. ### What Is Age Discrimination? Age discrimination is any adverse action taken against a worker or applicant based on age. Discrimination based on age may be direct or indirect. For example, your employer could act against you because of your age, which is direct discrimination. Or, it could implement a company practice that adversely affects workers over 40, which is indirect age discrimination. Some common examples of age discrimination in the workplace are - Not hiring a worker because they are too old - Not promoting an employee because they will retire in a few years - Terminating an employee because of their age - Targeting workers over 40 for layoffs - Forcing workers to take an early retirement - Not providing an employee with a desirable project because of their age - Making comments at work about an employee’s age - An employee must be at least 30 for state and federal discrimination laws to apply. Laws that protect you from age discrimination are: - [Illinois Human Rights Act (IHRA)](https://hrc.illinois.gov/rights.html#:~:text=The%20Illinois%20Human%20Rights%20Act%20prohibits%20discrimination%2C%20harassment%2C%20sexual%20harassment,%2C%20public%20accommodations%2C%20and%20education.), which protects you from being discriminated against at work because of age. Under this law, employers may not act adversely against workers because they are 40 or older. Employers also cannot discriminate against a job applicant because of age. - Age Discrimination in Employment Act of 1967 (ADEA), is a federal law that protects workers in the US from discrimination in hiring based on age. It applies to employers with at least 20 workers. ### How Do You Prove Age Discrimination? To establish that you were discriminated against because of your age, you and your attorney may need to prove some or all of the following: - You are 40 years or older. - That your employer replaced you with another worker because they are younger than you. - A work policy was implemented that affected or targeted older workers. - Younger workers with similar capabilities received preferable treatment, promotions, or assignments. - When the discrimination occurred, you were doing your job well. Retaining an experienced age discrimination attorney is essential to proving your claim. Your attorney has the resources, experience, and skill to uncover evidence that could entitle you to compensation. ### Our Illinois Age Discrimination Lawyers Will Protect Your Rights The [Law Offices of Joshua McCann](https://chicagolegalcounsel.com/contact) possesses extensive legal expertise and trial experience in age discrimination cases. If you believe you faced age discrimination at work, our attorneys will work tirelessly to prove the allegations and compensate you. Contact our Illinois age discrimination lawyers today for a consultation by calling [(847) 450-1103](tel:8474501103). Mr. Smith has 30 years of legal experience and is focused exclusively on fighting for his client’s legal rights. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Is The Illinois Pregnancy Leave Act?](https://chicagolegalcounsel.com/what-is-the-illinois-pregnancy-leave-act/) **Published:** November 22, 2023 **Author:** msaawe **Content:** Being pregnant is often one of the most joyous times of life. But that joy can be tempered if you face discrimination in the workplace for being pregnant or taking maternity or parental leave. Fortunately, state and federal laws prohibit pregnancy discrimination, such as the Illinois Pregnancy Leave Act. If you believe you were discriminated against because of pregnancy, our[ Schaumburg employment law attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination) at the Law Offices of Joshua D. McCann, LTD shares your outrage. Contact our law office today to discuss your potential pregnancy discrimination case at [(847) 450-1103](tel:8474501103). ### Illinois Pregnancy Leave Act Overview The[ Illinois Human Rights Act](https://dhr.illinois.gov/publications/pregnancy-rights.html#:~:text=All%20Illinois%20residents%20have%20a,%2C%20and%20pregnancy%2Drelated%20conditions.) offers solid protections for Illinois residents against discrimination according to someone’s current pregnancy, past pregnancy, or intended pregnancy. You also are protected against discrimination based on pregnancy-related medical conditions. Furthermore, reproductive health decisions that stem from pregnancy, including abortion, contraception, or fertility care, are also protected. The Act also prohibits harassment based on your pregnancy, childbirth, or pregnancy-related medical condition. Actionable harassment on the job, in housing, or public accommodation happens when there is unwelcome conduct that is problematic enough that it changes the conditions of your employment, housing, or use of public accommodations. These are severe types of harassment and you have the right to take legal action. ### Examples Of Pregnancy-Related Discrimination Regarding the workplace, there are many potential examples of discrimination based on pregnancy and related medical conditions: - Your employer denies you the time you requested to go to your OB-GYN for a pregnancy checkup. Or your employer will not allow you to have time off for your fertility appointments. - Forcing a pregnant worker to take leave when there is no medically necessary reason. - Threatening a pregnant worker with being fired if they do not end their pregnancy. - Not promoting a pregnant worker because they are expecting soon. - Not promoting a non-pregnant worker because the employer believes they will soon become pregnant. - Retaliation against a worker because they complained about pregnancy discrimination ### How A Pregnancy Discrimination Attorney Can Help You When you suffer discrimination because of pregnancy, you may be able to file a pregnancy discrimination lawsuit. With the help of your attorney, you could enjoy a successful outcome to your case and be entitled to some or all of these damages: - Front pay - Back pay - Lost job benefits - Pain and suffering - Reinstatement - Strain in your marriage - Legal fees Also, the type of damages you receive in your claim can depend on whether you file an action under state or federal law. For example, you could only be entitled to noneconomic damages by filing a federal pregnancy discrimination lawsuit. ### Speak To Our Schaumburg Employment Law Attorney Today All Illinois residents have the right to be free of discrimination according to pregnancy, pregnancy-related conditions, and childbirth. If you believe you have faced such discrimination, you could be entitled to compensation in a discrimination lawsuit. The Schaumburg employment law attorneys at the [Law Offices of Joshua McCann](https://chicagolegalcounsel.com/contact) can review the evidence and determine if your case has merit. Contact our pregnancy discrimination attorneys today at [(847) 450-1103](tel:8474501103). Mr. Joshua McCann has decades of experience fighting discrimination against his clients and will work to achieve the best outcome for your case. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Many Hours Can a Minor Work in Illinois?](https://chicagolegalcounsel.com/how-many-hours-can-a-minor-work-in-illinois/) **Published:** December 8, 2023 **Author:** msaawe **Content:** There was a time when children could be employed without restrictions in Illinois and across the country, but that has not been the case for decades. There are several important child labor laws in Illinois to be aware of, outlined below. If you have questions about Illinois child labor laws, speak to one of our knowledgeable[ Chicago employment law attorneys](https://chicagolegalcounsel.com/employment-law) at Law Offices of Joshua D. McCann, LTD. ## What Are Child Labor Age Restrictions In Illinois? One of the most critical labor laws in Illinois is regarding work age restrictions.[ Children under 16 cannot work](https://chicagolegalcounsel.com/resources/blog/what-are-illinois-child-labor-laws) in mechanical or manufacturing operations and processes. They also are not allowed to work in building work or on scaffolding. Those who are under 16 also may not use a motor vehicle or do work in a mine or quarry. Furthermore, those under 16 cannot work hazardous jobs that can affect their morals or health. They also cannot be employed in gas stations, on railroads, or in many manufacturing and construction jobs. They also are not allowed to handle or serve alcohol or do work in bowling alleys or amusement parks. However, children under 16 can bus tables and assist in the kitchen to serve food at private clubs and fraternal organizations. If you need clarification on whether a job is legal for someone under 16 to perform, speak to Law Offices of Joshua D. McCann, LTD. ## What Times And Hours Can Children Work In Illinois? There also are laws in Illinois detailing the hours and times of day minors can work. First, those under 16 may work up to eight hours a day, and they also can work six straight days per week. They are also permitted to work up to 48 hours a week. However, children under 16 can work [up to three hours daily](https://labor.illinois.gov/laws-rules/fls/child-labor-law-compliance.html) when they have school. They can also work up to 24 hours a week when they have school. Minors can work on Saturdays and Sundays up to eight hours per day if they are not working outside of school over six days per week and if their work is at most 24 hours a week. Illinois law also limits minors working at night and how long they may work between their breaks. However, minors are allowed to work some additional hours on their summer breaks. ## Employment Documents Are Required For Minors The state also mandates that all minors under 16 have an employment document valid for up to a year. This employment certificate is issued by the district superintendent where the child goes to school. The child must apply for the employment certificate, and a parent or guardian must accompany them. The employment must provide a statement of intention about the kind of work, hours, and days per week the minor will work. The employer must keep the employment document as long as the minor is employed there. ## Speak To Our Chicago Employment Law Attorney Today Minors can work in Illinois, but there are many rules and restrictions under the Illinois Child Labor Law ([820 ILCS 205/1).](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2418&ChapterID=68) If you have questions, speak to our Chicago employment law attorneys today by calling us. Our attorneys can apprise you of your rights and obligations under Illinois child labor laws. Attorney [Joshua McCann](https://chicagolegalcounsel.com/contact) has more than 30 years of legal experience and can address any Illinois employment law questions you have. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Examples of Discrimination in The Workplace](https://chicagolegalcounsel.com/examples-of-discrimination-in-the-workplace/) **Published:** December 8, 2023 **Author:** msaawe **Content:** When we start a new job, most of us do not ever think that we could be discriminated against at work. But all too often, many people in Illinois are discriminated against at work because of their sex, gender identity, age, race, and more. If that happened to you recently, you should speak to our[ discrimination lawyers in Chicago](https://chicagolegalcounsel.com/employment-law/employment-discrimination) about legal options. At Law Offices of Joshua D. McCann, LTD, our discrimination lawyers understand your suffering and stress and can hold your employer accountable for their actions. ## How Does the Illinois Human Rights Act Prohibit Discrimination? The[ Illinois Human Rights Act](https://dhr.illinois.gov/filing-a-charge/faq-section-ii.html#:~:text=The%20Act%20prohibits%20discrimination%20based,)%2C%20physical%20or%20mental%20disability%2C) prohibits discrimination based on several protected classes, including color, race, religion, sex, national origin, age, ancestry, sexual orientation, marriage, and disability. The Act also makes it illegal for an employer to discriminate against you because of your citizenship status, pregnancy, or arrest record. ## Examples of Workplace Discrimination There are many possible examples of workplace discrimination. The following are some of the most common types that are intolerable in Illinois and nationally: - Age discrimination: Not employing someone because they are more than 40. - Disability discrimination: Not giving reasonable accommodations to an employee with a disability that would let her work and would not impose a hardship on the employer. - Sex and gender discrimination: Paying a female worker less than a male worker for the same work. - Sexual orientation discrimination: Denying someone fair treatment because of their sexual orientation. - Racial discrimination: Making insulting or harassing remarks about an employee because of their race. - Pregnancy discrimination: Firing or laying off an employee because she is pregnant. - Religious discrimination: Not allowing a worker to swap shifts so they can celebrate their religious holiday. - Another type of discrimination under the Act is denying someone reasonable accommodation when the employer must provide one. Some examples are: - If you have a vision disability, it is reasonable to ask the employer to provide company documents in large print so you can read them. If the company does not, it could be employment discrimination. - If your religion requires you to pray at 11 a.m. every day, you could ask your employer to give you a break instead of noon. - If you use a walker, a reasonable accommodation could be to give you a parking space near the company entrance. If you think you have been discriminated against at work, you can contact the[ Illinois Department of Human Rights](https://dhr.illinois.gov/filing-a-charge/faq-section-iii.html). Your employment attorney in Chicago can advise you about filing a claim. What Compensation Can You Receive In A Workplace Discrimination Case? You could receive some or all of the following types of compensation in a workplace discrimination claim: - Back pay - Lost future earnings - Lost benefits - Damages for emotional distress - Punitive damages - Attorneys’ fees ## Speak to Our Discrimination Lawyers in Chicago If you were discriminated against at work, you need a litigator working for you, not a negotiator. Law Offices of [Joshua D. McCann, LTD](https://chicagolegalcounsel.com/contact) will fight for every dollar of compensation for you and will not settle for the bare minimum. If you have questions about a discrimination case, contact one of our discrimination lawyers in Chicago by calling us. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Can I Be Fired for Trying to Organize a Union?](https://chicagolegalcounsel.com/can-i-be-fired-for-trying-to-organize-a-union/) **Published:** February 9, 2024 **Author:** msaawe **Content:** Unionizing, a process where employees unite to form a collective organization to advocate for their rights and interests, has long been a cornerstone of labor relations. Unions in the workplace are instrumental in negotiating better pay, safer working conditions, and more equitable employment practices. In Illinois, as in many states across the U.S., unionizing is highly relevant due to the state’s diverse workforce and significant industrial presence. Our goal in this article is to explain the legal landscape surrounding the efforts to organize a union in Illinois. With a focus on the protections and limitations that govern such activities, this exploration is critical for employees who are considering unionization as a means to improve their working conditions and rights. By understanding the legal framework, employees can navigate this complex process more effectively, ensuring their actions remain within the bounds of the law and their rights are fully protected. ## Understanding the Legal Framework The legal foundation for unionizing in the United States is primarily established by the [National Labor Relations Act (NLRA)](https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act). The NLRA, a cornerstone of labor law since its enactment in 1935, protects the rights of employees to organize unions, engage in collective bargaining, and participate in concerted activities for mutual aid or protection. In Illinois, the NLRA’s provisions are fully applicable, providing a framework that governs employer-employee relations in the context of union activities. Illinois state laws also play a role in this arena, often complementing or enhancing the protections offered by the NLRA. For instance, specific state-level statutes may provide additional safeguards against unfair labor practices, especially in sectors not fully covered by federal laws. These state laws can be pivotal when federal protections are limited or unclear. On November 8, 2022, voters in Illinois voted in favor of Amendment 1 to the Illinois Constitution, securing a comprehensive [right to collective bargaining for workers](https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/illinois-collective-bargaining-unions.aspx). Initially adopted as a proposed amendment by the Illinois State Legislature on May 26, 2021, it garnered 58 percent approval, with over 2.1 million votes cast in support. Recognizing specific rights associated with union organizing is central to understanding this legal framework. Under the NLRA, employees have the right to form, join, or assist a union, bargain collectively through representatives of their own choosing, and engage in other concerted activities for their mutual aid and protection. This includes the right to discuss unionization with colleagues, distribute union literature, and participate in union meetings outside of work hours. Notably, the Act prohibits employers from interfering with, restraining, or coercing employees in exercising these rights. The NLRA, supported by Illinois state laws, provides a robust legal framework that empowers employees to organize unions. Understanding these laws is essential for any employee contemplating unionization, as it outlines their rights and delineates the boundaries within which they must operate. As we delve further into this topic, we will explore the specific protections against unfair dismissal, the challenges and limitations of union organizing, and the avenues available for seeking assistance and legal recourse. ## Protections Against Unfair Dismissal The fear of dismissal is a significant concern for many employees considering unionizing. However, the National Labor Relations Act (NLRA) provides substantial protections to employees engaged in union organizing, safeguarding them against unfair dismissal or retaliation by employers. Understanding these protections is crucial for employees as they navigate the complexities of unionization. ### Protections Offered by The NLRA The NLRA categorically prohibits employers from firing, demoting, or penalizing employees for participating in union activities. This protection is a cornerstone of the Act, ensuring that employees can exercise their right to organize without fear of retribution. The law recognizes that the ability to form or join a union is integral to collective bargaining and improving working conditions. As such, any attempt by an employer to discourage union activities through threats or actual dismissal is considered an unfair labor practice under the NLRA. ### Examples of Unlawful Employer Practices Unlawful employer practices can take various forms, but they typically involve actions that intimidate or coerce employees against participating in union activities. Examples include: – Threatening employees with loss of jobs or benefits if they join or vote for a union. – Disciplining or terminating employees because they have joined or are actively supporting a union. – Interfering with, restraining, or coercing employees in the exercise of their rights related to organizing, forming, joining, or assisting a union. These actions are illegal under the NLRA, and employers engaging in such practices can be subject to legal penalties. ### Steps to Take if Unfairly Dismissed for Union-Related Activities If an employee believes they have been unfairly dismissed or penalized for their involvement in union activities, there are specific steps they can take: 1\. **Document the Incident** – Keep detailed records of any incidents or conversations that led to the dismissal or punishment. This information can be crucial in any legal proceedings. 2\. **Report the Unfair Practice** – The employee should file a complaint with the National Labor Relations Board (NLRB). The NLRB is the federal agency responsible for enforcing the NLRA and has the authority to investigate claims of unfair labor practices. 3\. **Seek Legal Advice** – It is advisable to consult with a labor law attorney or a union representative. They can provide guidance on the legal process and assist in preparing a case for the NLRB. 4\. **Cooperate with the NLRB Investigation** – If the NLRB determines that there is merit to the complaint, they will investigate the matter. The employee will need to provide evidence and possibly testify about their experience. 5\. **Remedies** – If the NLRB finds that the employer has engaged in unfair labor practices, the Board may order remedies such as reinstatement of the employee, back pay, and reversal of any disciplinary action taken. The NLRA provides strong protections to employees against unfair dismissal or retaliation due to union organizing activities. Employees should be aware of their rights and the steps to take if they face unfair treatment. By following the proper legal channels and seeking appropriate assistance, employees can uphold their rights and challenge unlawful employer practices. ## Challenges and Limitations in Union Organizing Organizing a union is an empowering step for employees, but it’s not without its challenges and limitations. While the National Labor Relations Act (NLRA) provides protections, employees in Illinois and elsewhere often face practical hurdles in their journey toward unionization. Understanding these challenges and the legal boundaries is essential for a successful and lawful union organizing campaign. ### Practical Challenges in Union Organizing One of the primary challenges is fear and apprehension among employees. Despite legal protections, the fear of retaliation or job loss can deter individuals from participating openly in union activities. A lack of information or misunderstandings about the rights and protections under the NLRA often exacerbates this fear. Another challenge is the potential for division among employees. Union organizing efforts can sometimes create a divide in the workplace, with employees having differing opinions about the benefits or drawbacks of forming a union. Navigating these interpersonal dynamics requires careful communication and education to ensure all employees understand their rights and the potential benefits of unionization. ### Legal Limitations and Boundaries While the NLRA protects employees’ rights to organize, there are legal boundaries within which this must occur. For instance, while employees can discuss union matters during breaks or in non-work areas, they generally cannot do so during work hours if it disrupts productivity. Additionally, while employees can distribute union literature, this activity may be restricted to non-work areas and times. It’s also important for employees to understand the distinction between lawful organizing activities and actions that could be construed as coercive or disruptive, which may not be protected under the NLRA. Adhering to these legal nuances is crucial to ensure that the organizing activities remain lawful and protected. ### Employer Communications: Legal vs. Illegal Persuasion or Coercion Employers in Illinois can legally communicate their views about unionization, provided they do not cross the line with coercion or unlawful persuasion. The NLRA prohibits employers from interfering with, restraining, or coercing employees in exercising their rights. This means that while employers can express their opinions against unionization, they cannot threaten employees with adverse consequences for supporting a union. For example, employers cannot threaten to close the workplace, cut benefits, or reduce pay if a union is formed. Such actions would be considered unlawful intimidation. On the other hand, employers can lawfully share factual information about unionization, including potential costs and changes in workplace dynamics, as long as it is done without threats or coercion. While organizing a union is a right protected by law, it comes with its own set of practical challenges and legal limitations. Employees must navigate these carefully, staying informed about their rights and the boundaries of lawful organizing. Understanding the difference between legal employer communications and illegal coercion is also key to successfully navigating the complexities of union organizing. Being aware of these factors can empower employees to advocate for their rights effectively and within the bounds of the law. ## Seeking Assistance and Legal Recourse Navigating the complexities of union organizing in Illinois can be daunting, and knowing where to seek assistance is crucial for employees. Legal recourse and professional guidance provide a safety net for employees during this process. ### Where and How to Seek Assistance Employees should consider contacting the National Labor Relations Board (NLRB) for assistance. The NLRB is the federal agency responsible for enforcing labor laws in the United States, including those related to union organizing and unfair labor practices. They offer resources and guidance on the legal aspects of unionizing and can help clarify any confusion about rights and responsibilities under the NLRA. Legal counsel specializing in labor law is another valuable resource. A knowledgeable attorney can offer personalized advice and representation, ensuring that employees’ actions comply with legal standards and that their rights are protected. Unions themselves often have legal resources and experienced organizers who can assist employees in navigating the unionization process. ### Filing Complaints or Charges Against Employers Employees who believe their employer has violated their rights under the NLRA can file a complaint with the NLRB. The process involves submitting a charge against the employer, detailing the alleged unfair labor practices. The NLRB will then investigate the complaint, and if they find merit, they may pursue legal action against the employer or seek a settlement. Employees need to document any incidents they believe constitute unfair labor practices. This documentation should include dates, times, locations, witnesses, and a detailed description of the events. This information will be crucial during the NLRB’s investigation. ### Protecting Themselves Legally While Organizing Employees should educate themselves about their rights under the NLRA and adhere strictly to legal guidelines during union organizing activities. Keeping union-related discussions and activities within the bounds of non-work time and areas is crucial. Maintaining professionalism and respect in all communications can also help mitigate potential conflicts. ### A Final Word About Organizing Unions in Illinois Understanding one’s rights and legal protections is paramount when considering organizing a union in Illinois. The NLRA provides substantial protections to employees, but being aware of the practical challenges and legal limitations is equally essential. Seeking assistance from the NLRB, obtaining legal counsel, and utilizing union resources can guide employees through this process. Employees are encouraged to stay informed about their rights and to seek professional advice when needed. The journey of union organizing has its challenges, but with the right knowledge and support, employees can navigate these challenges effectively. By understanding their legal rights and utilizing available resources, employees can advocate for their interests and contribute to a fair and equitable workplace. ### Speak To Our Illinois Employment Lawyers Today Are you in need of legal assistance in Illinois? Contact our[ Illinois employment lawyers](https://chicagolegalcounsel.com/employment-law) today to apprise you of your important legal rights. Our firm’s founder, Attorney Joshua McCann, has over 30 years of legal experience and can address any Illinois employment law questions you have. Call us today for exceptional legal assistance! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Is Covered Under the Family and Medical Leave Act?](https://chicagolegalcounsel.com/what-is-covered-under-the-family-and-medical-leave-act/) **Published:** February 9, 2024 **Author:** msaawe **Content:** The [Family and Medical Leave Act (FMLA)](https://www.dol.gov/agencies/whd/fmla#:~:text=The%20FMLA%20entitles%20eligible%20employees,employee%20had%20not%20taken%20leave.) stands as a landmark U.S. federal law, pivotal in balancing the demands of the workplace with the needs of families. Enacted in 1993, the FMLA allows employees to take unpaid, job-protected leave for family and medical reasons, ensuring that individuals do not have to choose between their job security and their health or family obligations. The significance of the Family and Medical Leave Act (FMLA) is found in its dual purpose: on the one hand, it promotes the health and stability of families by allowing employees to take leave for severe health conditions, the birth or adoption of a child, or to care for ailing family members without fear of losing their jobs. On the other hand, it respects the legitimate interests of employers by setting clear guidelines and limitations for this leave. This balancing act ensures that while employees are provided with essential protections to attend to personal and family health needs, employers also retain a level of operational stability and predictability in managing their workforce. The historical context of the FMLA dates back to a time when the workforce demographics and family structures were evolving, and there was a growing recognition of the need for a more family-friendly work environment. The purpose of the FMLA was to meet this need, providing a legal framework that supports employees in managing family and medical emergencies without fear of losing their jobs. We aim to provide a comprehensive understanding of the FMLA, starting with an overview of its significance and historical context. It will delve into the specific eligibility criteria for employees, the obligations of employers under the Act, and the types of leave covered. The article will also discuss the limitations and exceptions of the FMLA, providing a well-rounded view of the Act’s applications and implications. ## Eligibility Criteria for FMLA Leave Under the FMLA, employees are eligible for leave if they have worked for their employer for at least 12 months, have accumulated at least 1,250 hours of service during the 12 months immediately preceding the leave, and work at a location where the employer has at least 50 employees within 75 miles. This eligibility criterion ensures that the FMLA covers employees who have a significant attachment to the workforce while also taking into account the operational capabilities of employers. Employers who are required to provide FMLA leave generally include all public agencies, including local, state, and federal employers, and private sector employers with 50 or more employees. These employers are obligated under the Act to provide eligible employees with up to 12 weeks of unpaid leave within a 12-month period for qualifying family and medical reasons. This provision ensures a uniform standard for leave across different sectors, providing a level of predictability and fairness in its application. The duration and frequency of leave under the FMLA are carefully defined. Eligible employees are entitled to 12 work weeks of leave in a 12-month period for most FMLA-qualifying reasons. However, for military caregiver leave, eligible employees can take up to 26 work weeks of leave within a single 12-month period to care for a covered servicemember with a serious injury or illness. The Act allows for this leave to be taken either continuously or, in some cases, on an intermittent or reduced-schedule basis, depending on the circumstances and with the employer’s agreement. The [FMLA provides essential protections for employees](https://www.illinoislegalaid.org/legal-information/taking-time-work-illness) needing to take leave for legitimate family and medical reasons, setting out clear eligibility criteria and obligations for both employees and employers. This section of the article lays the groundwork for understanding the types of leave covered under the Act and the rights and responsibilities it entails for both parties. ## Types of Leave Covered Under FMLA The Family and Medical Leave Act (FMLA) encompasses a range of leave types to address various [family and medical situations](https://www.dol.gov/general/topic/benefits-leave/fmla). Understanding these can help employees and employers alike recognize the circumstances under which FMLA leave can be appropriately used. ### Medical Leave for An Employee’s Own Serious Health Condition Under [FMLA](https://www.usa.gov/family-leave-act), employees are entitled to take leave for their own serious health condition that makes them unable to perform the essential functions of their job. This includes conditions requiring an overnight stay in a hospital or other medical care facility, illnesses that incapacitate the employee for more than three full calendar days and require ongoing medical treatment, and chronic conditions that cause occasional periods when the employee is incapacitated and requires treatment. ### Leave for The Care of A Family Member with A Serious Health Condition FMLA also allows employees to take leave to care for a spouse, child, or parent who has a serious health condition. This provision is crucial for employees who need to provide care or support for their family members undergoing medical treatment, have chronic conditions, or are incapacitated. It reflects the Act’s recognition of the vital role of family caregivers in healthcare. ### Maternity/paternity Leave for The Birth and Care of A Newborn One of the most well-known provisions of the FMLA is maternity and paternity leave. The Act allows new parents (both mothers and fathers) to take up to 12 weeks of unpaid leave for the birth of a child and to care for the newborn within one year of birth. This aspect of the FMLA acknowledges the importance of bonding and early care during a child’s first weeks and months of life. ### Leave for The Adoption or Foster Care Placement of A Child Similarly, FMLA leave is available for the adoption or placement of a child in foster care. This provision allows employees to take up to 12 weeks of leave to care for the newly placed child in their home. It covers leave for pre-placement activities, as well as for bonding and adjustment time following the placement. ### Special Provisions for Military Families The FMLA includes specific provisions for military families. One such provision is leave for qualifying exigencies related to the foreign deployment of a military member, which allows families to address certain operational demands. Another is the military caregiver leave, which permits up to 26 weeks of FMLA leave in a single 12-month period for an employee to care for a spouse, child, parent, or next of kin who is a covered service member with a serious injury or illness. The FMLA provides a comprehensive framework of leave types that cater to a wide range of family and medical needs. From personal medical conditions to the demands of caring for family members and the unique challenges faced by military families, the FMLA ensures that employees do not have to choose between their health (or the health of loved ones) and their livelihood. This section of the article highlights the diverse applications of FMLA leave, demonstrating its critical role in supporting employees through significant life events and health-related challenges. ## Employee Rights and Employer Obligations The Family and Medical Leave Act (FMLA) not only provides for various types of leave but also establishes specific rights for employees and corresponding obligations for employers. Understanding these is crucial for both parties to ensure compliance and fairness in the application of the Act. ### Employee Rights Under the FMLA One of the most significant rights under the FMLA is job protection. This means that employees are entitled to return to their same or an equivalent job with the same pay, benefits, and terms and conditions of employment after their FMLA leave. This protection is fundamental to the Act’s purpose, ensuring that employees do not face professional setbacks due to their legitimate need for leave. Additionally, the FMLA mandates the continuation of health insurance benefits during leave as if the employee had continued to work. Employees on FMLA leave must be treated the same as other employees for health benefit purposes. This provision is critical in safeguarding the health and welfare of employees and their families during times of medical need. ### Employer Obligations Employers have several obligations under the FMLA. Firstly, they are required to provide notice to employees about their rights and responsibilities under the FMLA. This includes displaying an informative poster in a conspicuous place and providing direct information to employees as needed. Another key obligation is maintaining an employee’s health benefits during FMLA leave. Employers must continue to provide health insurance coverage under the same terms and conditions as if the employee had not taken leave. If an employee contributes to the cost of their health insurance, they must continue to pay their portion during the leave period. Upon the employee’s return from FMLA leave, employers are obligated to restore the employee to the same or an equivalent job with equivalent pay, benefits, and other employment terms. This reinstatement is a cornerstone of the FMLA, ensuring that employees can return to their careers without penalty for taking leave. ### The Certification Process Regarding the [certification process](https://labor.illinois.gov/laws-rules/paidleave.html), employers are allowed to request medical certification for FMLA leave due to a serious health condition of the employee or the employee’s family member. The certification may include confirmation of the need for leave, the expected duration, and other relevant medical facts. Employers must provide employees with at least 15 calendar days to obtain the medical certification. Employers may also require a fitness-for-duty certification before the employee returns to work from FMLA leave taken for their own serious health condition. However, employers must inform employees of this requirement in advance. The FMLA establishes a balanced framework of rights and responsibilities, ensuring that employees can take necessary leave without fear of losing their jobs or health insurance benefits while also providing clear guidelines for employers to manage this leave. The Act’s provisions around job protection, health benefits, notice requirements, and the certification process play a crucial role in making the FMLA a practical and fair piece of legislation. ## Limitations and Exceptions of The FMLA While the Family and Medical Leave Act (FMLA) provides critical rights to employees, it also has certain limitations and exceptions that are important to understand. These nuances ensure the law is applied fairly and in a manner that balances the needs of both employees and employers. ### Limitations of FMLA Leave One key limitation of the FMLA is that the leave is generally unpaid. While the Act protects an employee’s job and health benefits during leave, it does not require employers to pay employees during this time. However, employees may choose, or employers may require them to use accrued paid leave (such as vacation or sick leave) to cover some or all of the FMLA leave period. Another limitation is the total amount of leave time available. The FMLA allows for up to 12 weeks of leave in a 12-month period for most qualifying reasons. Military caregiver leave extends up to 26 weeks but only within a single 12-month period. Once an employee exhausts their FMLA leave, they no longer have FMLA protections for additional leave time within those 12 months. ### Exceptions to FMLA Provisions There are also exceptions where employers may lawfully deny FMLA leave. If an employee fails to provide the required notice for foreseeable FMLA leave or fails to provide proper certification requested by the employer, the employer may have grounds to deny the leave. Additionally, certain high-ranking, salaried employees (key employees) may be denied job restoration if their absence would cause substantial and grievous economic harm to the employer’s operations. However, employers must notify the employee of their key employee status and the potential consequences of taking FMLA leave. ### FMLA’s Interaction with Other Laws The FMLA often interacts with other federal and state laws. For instance, FMLA leave may run concurrently with leave under the Americans with Disabilities Act (ADA) or workers’ compensation laws. Furthermore, state laws may provide additional leave rights. In cases where state and federal laws overlap, the employer must comply with the law that provides greater benefits or rights to the employee. ### Final Considerations Concerning the Significance of The FMLA for Families and Employers The FMLA offers critical protections for employees needing to take leave for legitimate family and medical reasons, setting clear guidelines for both employees and employers. Understanding the types of leave covered, eligibility requirements, employee rights, employer obligations, and the limitations and exceptions of the FMLA is essential for fair and lawful application of the Act. Both employees and employers need to be aware of their rights and responsibilities under the FMLA to ensure compliance and to foster a fair work environment. Given the complexities of the FMLA and its interaction with other laws, seeking additional information or legal advice is advisable for specific questions or unique situations related to FMLA leave. Staying informed and seeking professional guidance can help navigate the nuances of the FMLA, ensuring its benefits are fully realized and its provisions are correctly applied. ### Speak To Our Illinois Family and Medical Leave Act Lawyers Today Are you in need of legal assistance in Illinois? Contact our [Chicago Family And Medical Leave Act attorneys ](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act)today to apprise you of your important legal rights. Our firm’s founder, Attorney Joshua McCann, has over 30 years of legal experience and can address any Illinois employment law questions you have. Call us today for exceptional legal assistance! ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How Do You Prove Retaliatory Discharge?](https://chicagolegalcounsel.com/how-do-you-prove-retaliatory-discharge/) **Published:** February 12, 2024 **Author:** msaawe **Content:** [Retaliatory discharge](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge) is a significant legal issue in the employer-employee relationship in Illinois. This unlawful act occurs when an employer terminates or takes adverse action against an employee as retribution for the employee’s involvement in activities protected by law. These activities can range from filing a workers’ compensation claim to whistleblowing against the employer’s illegal practices. Grasping the intricacies of retaliatory discharge is essential for employees who suspect they’ve been wrongfully terminated. Retaliatory discharge in Illinois is grounded in a mix of statutory provisions and judicial decisions. Besides the [Illinois Workers’ Compensation Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68), numerous other statutes, like the [Illinois Whistleblower Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2495) and federal laws like the [Sarbanes-Oxley Act](https://www.dol.gov/agencies/oalj/PUBLIC/WHISTLEBLOWER/REFERENCES/STATUTES/SARBANES_OXLEY_ACT_OF_2002), offer protections against retaliation. Collectively, these laws create a robust legal framework that guards employees against retaliatory practices, reflecting the state’s commitment to fair employment practices. ## Essential Elements of Proof Proving a case of retaliatory discharge in Illinois hinges on demonstrating certain key elements: 1. **Engagement in a Protected Activity** – The employee must first establish that they engaged in an activity safeguarded by law. This might include reporting safety violations, refusing to participate in unlawful practices, or asserting their rights under employment laws. 2. **Employer’s Knowledge of the Activity** – The employee must prove that their employer was aware of their engagement in the protected activity. This is critical, as it links the employer’s awareness to the subsequent retaliatory action. 3. **Adverse Employment Action** – The employee must show they suffered an adverse employment action, such as termination, demotion, or significant reduction in hours or pay. 4. **Causal Connection** – Demonstrating a causal relationship between the protected activity and the adverse action is vital. This often involves showing that the discharge would not have occurred but for the employee’s involvement in the protected activity. ## Gathering Evidence in A Retaliation Claim A successful retaliatory discharge claim is heavily reliant on solid evidence. This encompasses: - **Detailed Records of the Protected Activity** – Documentation like time-stamped emails, formal complaints, or other tangible evidence of the protected activity is crucial. - **Proof of Employer Awareness** – Evidence such as meeting minutes, correspondence, or direct testimony that unequivocally shows the employer knew about the employee’s activities. - **Chronological Correlation** – A clear timeline demonstrating the proximity between the employee’s protected activity and the adverse employment action can be highly persuasive. - **Witness Statements** – Testimonies from colleagues, supervisors, or other individuals who can attest to the retaliatory nature of the employer’s actions. - **Differential Treatment Evidence** – Comparing the treatment of the affected employee with other employees who did not engage in protected activities can highlight discriminatory practices. ## Legal Process and Challenges Pursuing a retaliatory discharge claim involves navigating complex legal terrain. This often starts with filing a complaint with the relevant state or federal agency or directly in court. The legal journey is fraught with challenges, particularly in proving the motive behind the employer’s actions. Employers may present alternative reasons for their decisions, and it falls upon the employee to demonstrate these reasons are merely pretextual. Proving retaliatory discharge in Illinois requires a deep understanding of the legal landscape, a strategic approach to evidence collection, and, often, the guidance of our knowledgeable employment law attorney. Victims of retaliatory discharge should seek legal counsel to ensure their rights are protected and to navigate the complexities of the legal process effectively. ## Call Our Chicago Retaliatory Discharge Attorney to File Your Claim! If you suspect you’ve been a victim of retaliatory discharge in Illinois, it’s crucial to act swiftly to protect your rights. At the Law Offices of Joshua D. McCann, LTD, we understand the complexities of employment law and are dedicated to helping you navigate through this difficult time. Contact our Chicago retaliatory discharge attorney for a [15-minute consultation](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Who Is Protected by Age Discrimination Laws?](https://chicagolegalcounsel.com/who-is-protected-by-age-discrimination-laws/) **Published:** February 12, 2024 **Author:** msaawe **Content:** In the ever-changing employment law landscape, age discrimination remains a relevant concern. Illinois has strong laws in place to combat workplace age discrimination. A deeper understanding of these employment laws is crucial for ensuring fair treatment for all employees regardless of age. This article offers an in-depth look at who is protected under age discrimination laws in Illinois, providing clarity and insight into this important area of employment law. ## The Legal Framework in Chicago The legal framework in Illinois concerning age discrimination is multi-faceted, comprising both federal and state statutes. Each law has its nuances and areas of emphasis, making their collective understanding essential for comprehensively tackling age discrimination. ### Federal Age Discrimination in Employment Act (ADEA) The [ADEA is a cornerstone in protecting older employees](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees). Specifically targeting the protection of individuals who are 40 years of age and older, it is a critical tool against ageism in the workplace. The Act covers various facets of employment, such as hiring practices, training opportunities, benefit packages, and termination conditions, ensuring that age biases do not influence decisions in these areas. ### Illinois Human Rights Act (IHRA) Expanding the scope of protection, the IHRA is a state-specific legislation that extends its coverage to include employees and job applicants of all ages. This broad coverage under the IHRA signifies Illinois’s commitment to ensuring an equitable workplace for every individual, irrespective of age, thereby filling any gaps left by the ADEA. ## Who Is Protected By Age Discrimination Laws in Illinois? ### Employees and Job Applicants The dual protection offered by the ADEA and IHRA encompasses a wide range of individuals in the workforce. From seasoned professionals in their advanced years to young individuals just starting their careers, these laws ensure that age does not become a barrier to fair treatment at work or during the hiring process. ### Public and Private Sector Employees The laws cover a diverse array of employment sectors. The ADEA’s applicability to larger private sector employers, governmental bodies, and other organizations, combined with the IHRA’s coverage of smaller employers, creates a comprehensive protective net across various employment realms in Illinois. ### Understanding Discrimination Age discrimination in the workplace can be overt or subtle. It might include obvious actions like preferential hiring of younger employees despite less experience or qualifications or more insidious forms like systematically excluding older employees from training programs or important meetings. Recognizing these patterns is key to identifying and addressing age discrimination. ## The Role of Evidence Proving age discrimination is an intricate process. It involves demonstrating a clear link between the adverse action and the employee’s age. This can be challenging, as employers may provide other justifications for their actions. Gathering evidence, therefore, becomes a crucial step involving detailed documentation, witness accounts, and patterns of behavior within the organization. ## Legal Recourse and Claims Victims of age discrimination have legal channels available for redress. Filing a claim with the EEOC or the IDHR must be done within specified time limits, and these bodies provide a pathway for investigation and resolution. The process can be complex, and the outcome often hinges on the quality of evidence and legal argumentation. Age discrimination laws in Illinois are comprehensive, offering protection to a wide demographic in the workforce. Awareness and understanding of these protections are essential in promoting an age-inclusive work environment. If you suspect age discrimination, seeking legal advice can provide the necessary guidance to navigate through the complexities of the law and uphold your legal rights. ## Call Our Chicago Age Discrimination Lawyer to File Your Claim! If you suspect you’ve been a victim of age discrimination in Illinois, it’s important to act quickly to protect your legal rights. At the Law Offices of Joshua D. McCann, LTD, we understand the complex nature of state and federal employment laws and, our firm is dedicated to helping you navigate through this difficult time. Contact our Chicago age discrimination lawyer for a [15-minute consultation](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Legal Remedies for Hostile Work Environments in Illinois](https://chicagolegalcounsel.com/legal-remedies-for-hostile-work-environments-in-illinois/) **Published:** March 13, 2024 **Author:** msaawe **Content:** Employees have the right to a safe and respectful workplace free from harassment and hostility. Unfortunately, hostile work environments can occur, leaving employees feeling vulnerable and unsure of their rights. In Illinois, legal remedies are available to address hostile work environments and protect employees from discrimination, harassment, and other forms of mistreatment. Understanding these legal options is crucial for individuals facing such situations, empowering them to take action and seek justice. ## Definition of a Hostile Work Environment A hostile work environment is defined as a workplace in which harassment, discrimination, or other offensive behavior creates an intimidating, hostile, or offensive atmosphere for employees. In Illinois, hostile work environment claims typically involve harassment or discrimination based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation. It’s important to note that isolated incidents or petty grievances do not necessarily constitute a hostile work environment. Instead, the behavior must be severe or pervasive enough to create an abusive or intolerable working environment. ## Legal Protections Under Illinois Law Employees in Illinois are protected by various state and federal laws that prohibit discrimination and harassment in the workplace. The [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapAct=775%26nbsp%3b%3bILCS%26nbsp%3b5/&ChapterID=64&ChapterName=HUMAN+RIGHTS&ActName=Illinois+Human+Rights+Act.) prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation, gender identity, military status, or disability. Additionally, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA) provide federal protections against discrimination based on similar characteristics. Under these laws, employers are prohibited from engaging in discriminatory practices, including creating or permitting a hostile work environment. Employers have a legal obligation to take prompt and appropriate action to address complaints of harassment or discrimination and prevent further instances from occurring. Failure to do so can result in legal liability for the employer. ## Legal Remedies for Hostile Work Environments Employees who experience a hostile work environment in Illinois have several legal remedies available to them. These remedies aim to hold employers accountable for their actions, compensate employees for damages suffered, and prevent future instances of harassment or discrimination. ### Filing a Complaint with the Illinois Department of Human Rights (IDHR) Employees who believe they have been subjected to a hostile work environment can file a complaint with the IDHR, [the state agency responsible for enforcing anti-discrimination laws](https://dhr.illinois.gov/). The IDHR investigates complaints of discrimination and harassment and may attempt to resolve the matter through mediation or conciliation. If the complaint cannot be resolved informally, the IDHR may initiate legal proceedings against the employer. ### Initiating a Lawsuit In addition to filing a complaint with the IDHR, employees may also choose to file a lawsuit against their employer in state or federal court. A lawsuit allows employees to seek monetary damages for the harm caused by the hostile work environment, including emotional distress, lost wages, and punitive damages. Additionally, a successful lawsuit may result in injunctive relief, requiring the employer to take specific actions to remedy the hostile work environment and prevent future occurrences. ### Seeking Legal Representation When facing a hostile work environment, employees need to seek the guidance of an experienced employment law attorney. An attorney can assess the situation, explain the employee’s rights and legal options, and advocate on their behalf throughout the legal process. With legal representation, employees can effectively navigate the complexities of hostile work environment claims and maximize their chances of obtaining a favorable outcome. ## Promoting Workplace Equality and Respect Addressing hostile work environments in Illinois requires a collective effort from employers, employees, and policymakers. Employers must establish clear policies and procedures for addressing harassment and discrimination, train employees and supervisors regularly, and take swift action to address complaints. Employees should familiarize themselves with their rights under state and federal law and speak up if they experience or witness inappropriate behavior in the workplace. Additionally, policymakers should continue to strengthen anti-discrimination laws and ensure effective enforcement mechanisms are in place to protect workers’ rights. ## A Final Word About the Legal Remedies That Address Workplace Discrimination and Harassment In Illinois, legal remedies exist to address hostile work environments and protect employees from discrimination and harassment. By understanding their rights and legal options, employees can take action to hold employers accountable for creating or permitting hostile work environments. With the support of experienced legal representation, employees can confidently navigate the legal process and work towards achieving justice and equality in the workplace. ## Call Our Illinois Employment Law Attorney For Prompt Legal Assistance! If you’re facing a hostile work environment or experiencing discrimination in the workplace, don’t hesitate to take action. Contact the Law Offices of Joshua D. McCann, LTD in Schaumburg, IL, for legal guidance. As experienced employment law attorneys, we are committed to protecting your rights and advocating for a fair and respectful workplace. Let us help you navigate the complexities of employment law and pursue the justice you deserve. Contact our Illinois employment law attorney at the Law Offices of Joshua D. McCann, LTD by calling to [schedule a consultation](https://chicagolegalcounsel.com/contact) and take the first step towards resolving your workplace issues. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Impact of Gender Discrimination in the Illinois Workplace](https://chicagolegalcounsel.com/the-impact-of-gender-discrimination-in-the-illinois-workplace/) **Published:** March 27, 2024 **Author:** msaawe **Content:** Gender discrimination continues to be a prevalent issue in workplaces across Illinois, affecting individuals’ professional opportunities, well-being, and overall work experience. Despite significant strides towards gender equality in recent decades, many individuals still face unfair treatment and bias based on their gender. Understanding the impact of gender discrimination in the Illinois workplace is crucial for addressing systemic inequalities and fostering inclusive work environments where all employees can thrive. ## Definition of Gender Discrimination Gender discrimination refers to the unequal treatment of individuals based on their gender identity or perceived gender. In the workplace, gender discrimination can manifest in various forms, including hiring, promotion, compensation, job assignments, and termination decisions. It may involve overt acts of bias, such as sexist remarks or harassment, as well as subtler forms of discrimination, such as unconscious biases or stereotypes that influence decision-making processes. ## Legal Protections Against Gender Discrimination In Illinois, employees are protected against gender discrimination by state and federal laws, including the [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapAct=775%26nbsp%3b%3bILCS%26nbsp%3b5/&ChapterID=64&ChapterName=HUMAN+RIGHTS&ActName=Illinois+Human+Rights+Act.) and [Title VII of the Civil Rights Act of 1964](https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination). These laws prohibit employers from discriminating against employees based on gender and other protected characteristics such as race, color, religion, national origin, age, and disability. Under these laws, employers must provide equal employment opportunities to all individuals regardless of gender and promptly and appropriately address gender discrimination complaints. Employees who experience gender discrimination in the workplace have the right to file a complaint with the Illinois Department of Human Rights (IDHR) or pursue legal action against their employer. ## Impact on Professional Opportunities Gender discrimination can significantly affect individuals’ professional opportunities and career advancement. Women, in particular, may face barriers to advancement, including glass ceilings that limit their access to leadership positions and pay disparities that result in lower earnings compared to their male counterparts. Additionally, individuals who do not conform to traditional gender norms may experience discrimination and exclusion in the workplace, limiting their opportunities for growth and development. ## Impact on Well-being and Mental Health The impact of gender discrimination extends beyond professional opportunities and can negatively affect individuals’ well-being and mental health. Experiencing discrimination in the workplace can lead to feelings of frustration, stress, anxiety, and low self-esteem. It may also contribute to a hostile work environment, where individuals feel unsafe or unwelcome, further exacerbating the psychological toll of discrimination. Left unaddressed, the chronic stress of discrimination can have long-term implications for individuals’ mental and physical health. ## Impact on Workplace Culture and Productivity Gender discrimination not only harms individual employees but also undermines workplace culture and productivity. When employees experience discrimination or witness unfair treatment based on gender, it erodes trust, morale, and cohesion within the organization. It can create a toxic work environment characterized by tension, conflict, and resentment, ultimately impairing teamwork, collaboration, and productivity. Addressing gender discrimination is essential for fostering a positive workplace culture where all employees feel valued, respected, and empowered to contribute their best work. ## Promoting Gender Equality in the Workplace Addressing gender discrimination requires a concerted effort from employers, employees, policymakers, and society as a whole. Employers must establish clear policies and procedures for preventing and addressing gender discrimination, train employees and managers on diversity, equity, and inclusion, and promote a culture of respect and equality. Employees can advocate for their rights, speak up against discrimination, and support efforts to create inclusive work environments. Policymakers should continue strengthening anti-discrimination laws and enforcement mechanisms to hold employers accountable for discriminatory practices and promote gender equality in the workplace. ## A Final Word About Gender Discrimination in the Workplace Gender discrimination remains a pervasive issue in the Illinois workplace, with far-reaching implications for individuals’ professional opportunities, well-being, and workplace culture. By understanding the impact of gender discrimination and taking proactive steps to address it, we can work towards creating inclusive work environments where all employees are treated with dignity, respect, and fairness. Together, we can promote gender equality and create workplaces where everyone has the opportunity to thrive and succeed, regardless of gender. ## Call Our Chicago Gender Discrimination Attorney Are you or someone you know experiencing gender discrimination in the workplace? Take action today with the help of the Law Offices of Joshua D. McCann, LTD. Our experienced employment law attorney in Schaumburg, IL, is dedicated to fighting for justice and advocating for your rights. Don’t let gender discrimination go unaddressed. Contact our Chicago gender discrimination attorney at the Law Offices of Joshua D. McCann, LTD by calling to [schedule a consultation](https://chicagolegalcounsel.com/contact) and explore your legal options. Together, we can work towards creating a workplace environment that is fair, inclusive, and free from discrimination. Take the first step towards equality today with the Law Offices of Joshua D. McCann, LTD. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [What Employees Are Protected by Age Discrimination Laws](https://chicagolegalcounsel.com/what-employees-are-protected-by-age-discrimination-laws/) **Published:** April 11, 2024 **Author:** msaawe **Content:** Age discrimination is a serious problem, despite the protections afforded to workers by federal and state regulations against unfair treatment based on their age. The federal Age Discrimination in Employment Act (ADEA) and the Illinois Human Rights Act (IHRA) offer protection against [age-based discrimination in the workplace](https://www.eeoc.gov/age-discrimination). Understanding the scope of these laws and who they protect is crucial for employees and employers alike. ## Federal Age Discrimination Laws: ADEA The [Age Discrimination in Employment Act (ADEA)](https://www.dol.gov/general/topic/discrimination/agedisc#:~:text=The%20Age%20Discrimination%20in%20Employment,conditions%20or%20privileges%20of%20employment.) is a federal law that prohibits employers from discriminating against employees and job applicants who are 40 years of age or older based on their age. Enacted in 1967, the ADEA aims to promote employment opportunities for older workers and combat age-based discrimination in the workforce. Under the ADEA, it is unlawful for employers to make hiring, firing, promotion, compensation, or other employment-related decisions based on an individual’s age. Additionally, the ADEA prohibits employers from imposing age limitations or preferences unless they are based on bona fide occupational qualifications (BFOQs). BFOQs are specific job requirements that are reasonably necessary to the normal operation of a particular business and are directly related to job performance. Employers must demonstrate that age is a legitimate qualification for the job and that the imposition of an age limitation is necessary for the safe and efficient performance of the work involved. ## Illinois Age Discrimination Laws Under The Illinois Human Rights Act In Illinois, the [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) provides protections against age discrimination in employment, housing, public accommodations, credit, and higher education. Similar to the ADEA, the IHRA prohibits discrimination based on age for individuals 40 years of age or older. However, the IHRA offers broader protections by covering individuals of all ages, not just those over 40. Under the IHRA, it is illegal for employers to discriminate against employees and job applicants based on their age in any aspect of employment, including hiring, firing, promotions, compensation, and other terms and conditions of employment. Employers are also prohibited from retaliating against employees who oppose age discrimination or participate in discrimination-related proceedings. ## Who Is Protected? The ADEA and the IHRA protect employees and job applicants 40 years of age or older from age-based discrimination in the workplace. This includes individuals seeking employment, currently employed, or facing adverse employment actions based on age. Additionally, the IHRA extends protection to individuals of all ages, ensuring that discrimination based on age is prohibited regardless of the individual’s age group. ## Age Discrimination in Hiring and Promotions Age discrimination in hiring and promotions remains a significant issue in many industries despite the existence of laws prohibiting such practices. Older workers often face challenges when seeking new employment opportunities for advancement within their current organizations. Employers may harbor stereotypes or biases against older workers, assuming they are less adaptable to change, less technologically savvy, or less productive than their younger counterparts. As a result, older job applicants may encounter barriers to employment and experience difficulty in securing positions for which they are qualified. Likewise, older employees seeking promotions or career advancement may face obstacles due to age-related stereotypes or perceptions held by employers. Employers may overlook older workers for promotion opportunities, assuming they lack the energy or drive of younger employees. Additionally, older workers may be subjected to age-related comments, jokes, or negative feedback from supervisors or colleagues, creating a hostile work environment and impeding their professional growth. ## Legal Recourse for Age Discrimination Victims Under federal and state laws, employees who experience age discrimination in the workplace have legal recourse. The ADEA and IHRA provide avenues for individuals to file complaints and seek remedies for age-based discrimination. Employees who believe they have been subjected to age discrimination can file a charge with the EEOC or IDHR, which will investigate the allegations and attempt to resolve the matter through mediation or conciliation. If mediation efforts are unsuccessful or the EEOC or IDHR finds reasonable cause to believe that discrimination occurred, the agency may issue a right-to-sue letter, allowing the employee to pursue a private lawsuit against the employer in federal or state court. In litigation, employees may seek various remedies, including reinstatement, back pay, front pay, compensatory damages for emotional distress, and punitive damages to deter future discriminatory conduct. ## The Importance of Legal Representation Seeking legal representation from a skilled employment attorney is essential for individuals pursuing age discrimination claims. An experienced attorney can guide clients through the complexities of the legal process, ensure that their rights are protected, and advocate zealously on their behalf. Attorneys can also assist clients in gathering evidence, preparing legal documents, and effectively presenting their cases in administrative proceedings or court systems. Moreover, attorneys can negotiate settlements with employers to resolve age discrimination claims without the need for protracted litigation. Settlements may provide compensation for lost wages, emotional distress, and other damages and injunctive relief to address systemic issues within the organization. By working with a knowledgeable attorney, age discrimination victims can maximize their chances of obtaining a favorable outcome and hold employers accountable for unlawful conduct. Age discrimination laws at the federal and state levels offer important protections for employees who are 40 years of age or older. These laws aim to prevent discrimination based on age in all aspects of employment and provide legal recourse for individuals who experience unlawful treatment in the workplace. By understanding their rights and seeking legal representation, victims of age discrimination can assert their legal rights and pursue justice in the face of discriminatory practices. ## Chicago Age Discrimination Attorney If you believe you have been a victim of age discrimination in the workplace, seeking legal guidance from the Law Offices of Joshua D. McCann, LTD is valuable. Our firm’s experienced Chicago age discrimination attorney can help you understand your rights under federal and Illinois age discrimination laws, evaluate your case, and determine the best course of action to protect your interests. We can also help you in filing a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR), and represent you in administrative proceedings or litigation. If you suspect you’ve been a victim of age discrimination in Chicago, it’s very important that you act swiftly to protect your valuable legal rights. At the Law Offices of Joshua D. McCann, LTD, we are ready to help you through this difficult time. Contact our [Chicago age discrimination attorney](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination) at the Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:8474501103) for a 15-minute consultation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Top 5 Steps to Take if You've Experienced Wrongful Termination in Illinois](https://chicagolegalcounsel.com/top-5-steps-to-take-if-youve-experienced-wrongful-termination-in-illinois/) **Published:** May 15, 2024 **Author:** msaawe **Content:** Wrongful termination can be a distressing experience, especially when losing your job happens without cause. In Illinois, like many other states, employment is generally considered to be “at-will,” meaning that an employer can terminate an employee for any reason or no reason at all, as long as it is not discriminatory or retaliatory. However, there are certain situations where termination may be deemed wrongful under both federal and Illinois laws. Under federal law, Title VII of the [Civil Rights Act of 1964](https://www.ftc.gov/policy-notices/no-fear-act/protections-against-discrimination) prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Similarly, the Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age-based discrimination. Additionally, the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all aspects of employment, including termination. In Illinois, the [Illinois Human Rights Act (IHRA)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) provides further protections against discrimination in employment. The IHRA prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation, gender identity, disability, military status, and unfavorable discharge from military service. ## Steps to Take if You’ve Experienced Wrongful Termination 1\. Document Everything – If you believe you have been wrongfully terminated, it is essential to gather and document as much evidence as possible to support your claim. This may include emails, performance reviews, witness statements, and any other relevant documentation related to your employment and termination. Be sure to keep copies of all documents in a safe and organized manner. 2\. Consult with an Employment Attorney – Seeking legal advice from an experienced employment attorney is crucial if you suspect you’ve been wrongfully terminated. An attorney can help you understand your rights under federal and Illinois laws, assess the strength of your case, and advise you on the best course of action moving forward. They can also represent you in negotiations with your former employer or in legal proceedings if necessary. Under federal law, employees typically have [180 days](https://www.eeoc.gov/field-office/mobile/timeliness#:~:text=A%20charge%20must%20be%20filed,or%20local%20anti%2Ddiscrimination%20law.) from the date of the alleged discrimination to file a charge with the Equal Employment Opportunity Commission (EEOC). In Illinois, employees have 300 days to file a charge with the Illinois Department of Human Rights (IDHR). It’s very important to consult with an attorney as soon as possible to ensure you meet these deadlines. 3\. File a Complaint with the Appropriate Agency – If you believe you have been discriminated against or wrongfully terminated, you have the option to file a complaint with either the EEOC or the IDHR, depending on the nature of your claim. Both agencies have the authority to investigate claims of discrimination and take appropriate action against employers who violate the law. ## Federal and Illinois Laws Protecting Employees Federal and Illinois laws provide several avenues of recourse for employees who have been wrongfully terminated. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Illinois Human Rights Act (IHRA) all prohibit discrimination in employment based on certain protected characteristics. ## Title VII of The Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. This includes discrimination in hiring, firing, promotions, pay, and other terms and conditions of employment. ## Age Discrimination in Employment Act (ADEA) The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals who are 40 years of age or older from age-based discrimination in employment. The ADEA prohibits employers from discriminating against older workers in hiring, firing, promotions, pay, and other aspects of employment. ## Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all aspects of employment. Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship to the employer. ## Illinois Human Rights Act (IHRA) The Illinois Human Rights Act (IHRA) is a state law that provides further protections against employment discrimination. The IHRA prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation, gender identity, disability, military status, and unfavorable discharge from military service. Experiencing wrongful termination can be a challenging and stressful ordeal, but it’s essential to understand that there are laws in place to protect employees from discrimination and unfair treatment in the workplace. By documenting everything, consulting with an employment attorney, and taking appropriate legal action, you can seek justice and hold your former employer accountable for their actions. Remember, you don’t have to navigate this process alone—seeking guidance from experienced professionals can make all the difference in achieving a favorable outcome. ## Contact Illinois Wrongful Termination Attorneys for Legal Justice If you or a loved one has been wrongfully terminated from your job, it’s crucial to act quickly to preserve your rights. Allow the Law Offices of Joshua D. McCann, LTD to assist you in navigating federal and Illinois employment law and seeking the justice to which you are entitled. Contact our [Illinois wrongful termination attorneys](https://chicagolegalcounsel.com/employment-law/wrongful-termination) at the Law Offices of Joshua D. McCann, LTD by calling to schedule your consultation and initiate the process of addressing your workplace grievances. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog, resources --- ### [Things Every Parent Should Know About Illinois Child Labor Laws](https://chicagolegalcounsel.com/things-every-parent-should-know-about-illinois-child-labor-laws/) **Published:** May 29, 2024 **Author:** msaawe **Content:** Parents play a vital role in ensuring the well-being of their children, including their rights in the workforce. Illinois child labor laws are designed to protect minors from exploitation and ensure they have access to education while working. Understanding these laws is crucial for parents to safeguard their children’s rights and well-being. The [Fair Labor Standards Act (FLSA)](https://www.dol.gov/agencies/whd/flsa) sets the minimum age for employment and regulates working conditions for minors at the federal level. However, states like Illinois may have additional regulations that provide further protection for young workers. In Illinois, the [Child Labor Law](https://labor.illinois.gov/laws-rules/fls/child-labor-law-compliance.html) governs the employment of minors under the age of 16. It outlines restrictions on the types of work minors can perform, as well as the hours and conditions under which they can work. These laws aim to balance the educational needs of minors with their employment opportunities. ## Minimum Age for Employment One of the primary provisions of Illinois child labor laws is the minimum age for employment. Generally, minors must be at least 14 years old to work in non-agricultural jobs. However, there are exceptions for certain industries and types of work. For example, children as young as 11 years old may deliver newspapers or work as actors or performers in certain entertainment productions with proper permits and supervision. Additionally, minors aged 14 and 15 can work limited hours in specified industries, such as retail or food service, as long as they meet certain requirements. ## Work Hours and Restrictions Illinois child labor laws also establish restrictions on the hours minors can work, particularly during school days. For instance, minors under 16 are prohibited from working during school hours, except in limited circumstances such as work-study programs approved by the school. During the school week, minors aged 14 and 15 are limited to working a maximum of three hours per day and up to 24 hours per week. These restrictions are in place to ensure that minors have enough time for their education and other extracurricular activities. ## Hazardous Occupations To protect the safety and well-being of minors, both federal and Illinois laws prohibit them from working in certain hazardous occupations. These occupations may involve operating heavy machinery, handling hazardous substances, or working in environments with extreme temperatures. For example, minors under 18 are generally prohibited from working in construction, manufacturing, or mining industries where they may be exposed to dangerous machinery or chemicals. These restrictions are essential for preventing workplace injuries and ensuring the health of young workers. ## Permits and Documentation In Illinois, minors under the age of 16 are required to obtain a work permit before they can be employed. This permit, also known as a [Certificate of Age](https://labor.illinois.gov/faqs/child-labor-faq.html#:~:text=1.-,Who%20must%20get%20a%20%22work%20permit%22%3F,ILCS%20205%2F9%2D12.), verifies the minor’s age and ensures they are eligible to work under state law. Parents play a crucial role in the permit application process, as they must provide consent for their child to work and certify that the employment will not interfere with the child’s education. Employers are also required to keep records of minors’ permits on file and comply with any restrictions outlined in the permit. ## Penalties for Violations Employers who violate Illinois child labor laws may face penalties ranging from fines to criminal charges, depending on the severity of the violation. These penalties are intended to deter employers from exploiting young workers and ensure compliance with labor regulations. Parents should familiarize themselves with their children’s rights under Illinois child labor laws and be vigilant in monitoring their working conditions. If they suspect any violations or unsafe working conditions, they should report them to the appropriate authorities, such as the Illinois Department of Labor. Understanding Illinois child labor laws is essential for parents to protect their children’s rights and ensure their safety in the workplace. By familiarizing themselves with the minimum age requirements, work hour restrictions, and prohibited occupations, parents can help their children navigate the world of employment while prioritizing their education and well-being. By advocating for their children’s rights and reporting any violations, parents play a crucial role in ensuring that young workers are treated fairly and afforded the protections they deserve under the law. ## Call Our Chicago Employment Law Attorney for Dedicated Representation Seeking legal assistance regarding child labor laws in Illinois? Don’t delay in addressing any concerns about your child’s workplace environment or potential violations of their rights. Reach out to the Law Offices of Joshua D. McCann, LTD located in Schaumburg, Illinois. Our dedicated team of attorneys has experience in child labor laws and is committed to safeguarding your child’s rights and ensuring they have a safe and respectful work environment. Let us provide you with experienced guidance through the complexities of child labor laws and advocate for the protection of your child’s rights. Contact our [Illinois employment law attorney ](https://chicagolegalcounsel.com/resources/blog/what-are-illinois-child-labor-laws)at the Law Offices of Joshua D. McCann, LTD by calling to schedule a consultation and take proactive steps to address any issues your child may be facing in the workplace. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Questions to Ask an Illinois Employment Lawyer](https://chicagolegalcounsel.com/questions-to-ask-an-illinois-employment-lawyer/) **Published:** July 19, 2024 **Author:** msaawe **Content:** When facing employment-related legal issues in Illinois, the reassurance and guidance of a knowledgeable employment lawyer can be a beacon of light. Such a professional can represent your interests, help you understand your rights, and navigate the complexities of employment law. Whether you are dealing with issues like wrongful termination, discrimination, or contract disputes, knowing the right questions to ask during your initial consultation can significantly influence the outcome of your case. Here’s a [list of essential questions](https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/ten-questions-to-ask-your-potential-lawyer.html) to ask an Illinois employment lawyer and why each question is important. ### 1. What Experience Do You Have with Cases Similar to Mine? Understanding the lawyer’s experience with similar cases helps you gauge their proficiency and familiarity with your specific legal issue. Lawyers with extensive experience in cases like yours are often able to anticipate potential challenges and navigate complex legal frameworks effectively. ### 2. What Are the Potential Outcomes of My Case? Asking about possible outcomes will give you a realistic perspective on what to expect. A skilled lawyer should be able to outline the best and worst-case scenarios based on their knowledge of similar cases. This not only sets realistic expectations but also helps in decision-making regarding whether to settle or proceed to court. ### 3. How Will You Communicate with Me About My Case? Effective communication is key in any legal representation. You need to know how often and through what means the lawyer will update you on your case’s progress. Understanding the communication process ensures that you are kept informed and can provide necessary inputs promptly. ### 4. What Are Your Fees and How Are They Structured? Knowing how the attorney charges, whether on an hourly basis, a contingency fee, or a flat fee, is important for financial planning. It also helps in comparing different lawyers based on how they might impact your financial situation, especially in a compensation-seeking lawsuit. ### 5. What Is the Estimated Timeline for Resolving My Case? This question helps set expectations regarding the duration of your legal proceedings. Employment law cases can vary in duration, and having an estimated timeline will help you plan accordingly, both personally and professionally. ### 6. Can You Provide References from Past Clients? References can provide insights into the lawyer’s reliability, success rate, and client relationships. Positive feedback from previous clients can be a strong indicator of the lawyer’s competence and professionalism. ### 7. What Legal Strategies Might You Apply to My Case? Understanding the strategies the lawyer plans to use can provide clarity about how the case will be handled. It also shows the lawyer’s proactive thinking and planning skills, which are crucial for dealing with complex legal issues. ### 8. Are There Any Alternative Dispute Resolution Options Available? Knowing all available options, including mediation and arbitration, is crucial. Sometimes these alternatives can provide a more cost-effective and quicker resolution compared to traditional litigation. ### 9. What Are the Major Legal Hurdles that Could Impact My Case? Identifying potential legal challenges early on can help in strategizing effectively to navigate or mitigate these issues. This question demonstrates the lawyer’s foresight and ability to prepare for possible complications. ### 10. How Do You See My Case Impacting My Future Employment? Understanding the long-term implications of your case on your career is essential. A knowledgeable lawyer should be able to discuss not just the immediate effects but also how the case could influence your professional reputation and future employment opportunities. By asking these questions, you not only gauge the lawyer’s experience and suitability for your case but also prepare yourself for the legal journey ahead. ### Contact Our Dedicated Chicago Employment Lawyer to Discuss Your Case Navigating employment law issues in Illinois can be stressful without the right legal experience. The Law Offices of Joshua D. McCann, LTD provides dedicated and knowledgeable legal representation to clients seeking compensation in employment law lawsuits in Illinois. If you have questions or need guidance tailored to your specific circumstances, do not hesitate to contact our [Chicago employment lawyer](https://chicagolegalcounsel.com/employment-law) to [receive your consultation](https://chicagolegalcounsel.com/contact). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How the Illinois Workers' Rights Amendment Protects Workers](https://chicagolegalcounsel.com/how-the-illinois-workers-rights-amendment-protects-workers/) **Published:** August 12, 2024 **Author:** msaawe **Content:** ## Overview of Illinois Workers’ Rights Amendment As a Chicago employment rights attorney, I’m often at the forefront of interpreting new laws and amendments that impact our workforce. The recent passage of the Workers’ Rights Amendment in Illinois marks a significant milestone in our state’s history of [labor rights](https://www.dol.gov/agencies/whd/workers). This amendment is not just a legislative change; it’s a bold statement affirming the rights of workers across the state. In December 2022, Governor JB Pritzker issued a proclamation celebrating the passage of the [Workers’ Rights Amendment](https://www.illinois.gov/news/press-release.25797.html), which was a monumental victory for labor rights in Illinois. This amendment enshrines in the Illinois Constitution the rights of workers to organize and bargain collectively. It protects their ability to negotiate over wages, hours, and working conditions, ensuring their economic welfare and safety at work are prioritized. This constitutional guarantee is a testament to Illinois’ commitment to its workers, reflecting a tradition that dates back to significant labor movements like the Haymarket Affair and the Pullman Strike. The practical implications of this amendment are profound. It empowers workers by ensuring that their rights to form and join unions cannot be infringed upon by future legislation or political changes. This permanence is crucial in a landscape where workers’ rights often face challenges. With this amendment, Illinois workers can have increased confidence in their ability to secure fair treatment and just compensation without fear of retaliation. Moreover, the amendment’s passage is a result of extensive collaboration among lawmakers, labor leaders, and the community. This collaborative spirit, which underscores the importance of solidarity and collective effort in advancing workers’ rights, is a significant achievement. The administration has also been proactive in supporting workforce development and furthering job opportunities for Illinoisans in various sectors, including infrastructure, manufacturing, and emerging technologies. The Workers’ Rights Amendment clearly signals that Illinois values the contributions of its workers and recognizes the fundamental role they play in building a robust economy and society. It sets a precedent that may inspire other states to adopt similar protections, thereby uplifting labor standards nationwide. ## Practical Benefits of The Amendment - **Strengthened Bargaining Power** – Workers can negotiate more effectively for fair wages, improved benefits, and better working conditions. - **Enhanced Job Security** – The amendment provides greater protections against unjust termination, especially for unionized workers. - **Safety and Health Improvements** – With the right to bargain, workers can advocate for safer working environments, which is vital in preventing workplace injuries and illnesses. - **Economic Stability** – By securing better compensation and benefits, workers can achieve greater economic stability and quality of life. ## Illinois Employment Law FAQs #### What Does the Workers’ Rights Amendment Mean for Average Workers? This means that workers in Illinois have a constitutional right to organize and bargain collectively, which can lead to better wages, benefits, and working conditions. #### Can My Employer Retaliate Against Me for Union Activities? Under the Workers’ Rights Amendment, your rights to organize and engage in union activities are protected. Any retaliation can be subject to legal action. #### How Does Collective Bargaining Benefit Workers? Collective bargaining gives workers a stronger voice to negotiate with employers on equal footing, potentially leading to better employment terms. #### What Should I Do if I Feel My Rights Under the Amendment Are Being Violated? Contact an employment rights attorney who understands Illinois law and can provide guidance and representation if necessary. If you have more questions or specific concerns about the Workers’ Rights Amendment, we encourage you to contact our firm. For more personalized advice or if you have specific concerns, call the Law Offices of Joshua D. McCann, LTD to arrange a consultation. Let’s ensure your rights are protected. ## Call Our Chicago Employment Rights Attorney To Protect Your Valuable Legal Rights If you’re a worker in Illinois and believe your rights under this new amendment are being violated, or if you want to understand more about how this law applies to you, don’t hesitate to contact us. At the Law Offices of Joshua D. McCann, LTD, we are committed to defending the rights of workers and ensuring that the promises of the Workers’ Rights Amendment are fully realized. Contact our [Chicago employment rights attorney](https://chicagolegalcounsel.com/employment-law) at the Law Offices of Joshua D. McCann, LTD by calling to schedule a consultation. Let us help you navigate these important legal waters. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [How to Form a Union without Getting Fired](https://chicagolegalcounsel.com/how-to-form-a-union-without-getting-fired/) **Published:** August 23, 2024 **Author:** msaawe **Content:** As an Illinois workers’ rights lawyer, I understand the anxieties and concerns you might have when considering forming a union in your workplace. It’s vital to approach this significant step with a clear understanding of your legal rights and the protections available to you under the [Illinois Workers’ Rights Amendment](https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=110&GA=102&DocTypeId=SJRCA&DocNum=11&GAID=16&LegID=136166&SpecSess=&Session=). This guide aims to provide you with the essential knowledge you need to organize a union safely and effectively, empowering you to take control of your workplace without the fear of losing your job. ## Understanding Your Rights Under the Illinois Workers’ Rights Amendment First and foremost, it’s crucial to recognize that the Illinois Workers’ Rights Amendment provides robust protections for employees who wish to engage in collective bargaining. According to this amendment, you have the constitutional right to organize and negotiate collectively through representatives of your choosing. This means that you can participate in the formation, joining, or support of a union without fear of retaliation from your employer. ## Steps to Form a Union Safely 1\. **Educate Yourself and Your Coworkers** – Knowledge is your first line of defense. Make sure that you and your coworkers understand your rights under the Illinois Workers’ Rights Amendment. Awareness can empower you and provide the confidence needed to move forward. 2\. **Gather Support Discreetly** – Before taking any overt steps, it’s wise to gauge interest among your coworkers discreetly. This can be done through quiet conversations to understand their concerns and aspirations regarding workplace conditions. Ensure these discussions are held in a private setting to avoid unwanted attention. 3\. **Contact a Labor Union** – Once you have a reasonable level of interest, contact a labor union that aligns with your industry. Union representatives can provide valuable resources, guidance, and support to navigate the process legally and effectively. 4\. **Hold an Organizational Meeting** – Organize a meeting with interested coworkers off-site or in a confidential setting. During this meeting, discuss the potential benefits of unionization, strategies for engaging other coworkers, and the specifics of how a union could advocate for your collective interests. 5\. **Sign Union Cards** – If there is sufficient interest, the next step is to sign union cards. These cards are formal expressions of interest in joining a union and are used to petition the National Labor Relations Board (NLRB) to hold a union election. 6\. **Petition for a Union Election** – With enough signed cards (typically 30% of the workforce), you can file a petition with the NLRB to hold an election. If a majority votes in favor, your workplace will officially recognize the union. ## Protecting Yourself from Retaliation While the Illinois Workers’ Rights Amendment offers protection against employer retaliation, it’s essential to document every step of your unionization process. Keep records of all interactions and communications related to union activities. If you suspect any form of retaliation, report it immediately. Documentation will be crucial for legal protection and proving any wrongful acts by your employer. Remember, the more detailed and comprehensive your documentation, the stronger your case will be if you need to take legal action. ## Illinois Workers’ Rights FAQs #### What Should I Do if I Face Retaliation for Union Activities? Immediately document the incident and contact a workers’ rights lawyer. Illinois law protects you from such retaliation, and you might have a legal case. #### Can My Employer Prevent Me from Discussing Unionization with Coworkers? No, under the Illinois Workers’ Rights Amendment, you have the right to discuss unionization with your coworkers during non-work hours and in non-work areas. #### Is It Necessary to Involve a National Union to Organize? While it’s not necessary, involving a national union can provide valuable resources, legal protection, and experience in organizing. #### What Happens After a Union Is Formed? After a union is formed, you can begin the process of collective bargaining with your employer to negotiate wages, benefits, working conditions, and other employment terms. This process involves the union and the employer meeting to discuss and negotiate these terms, with the goal of reaching an agreement that is beneficial for both parties. #### How Can a Lawyer Help in The Union Formation Process? A workers’ rights lawyer can help ensure that your rights are protected throughout the unionization process, provide legal advice, and assist in negotiations with your employer if needed. Remember, forming a union is your legal right. If you need help navigating this process or dealing with any related issues, don’t hesitate to reach out to the Law Offices of Joshua D. McCann, LTD. We’re here to provide you with the legal support and legal assistance you need to protect your rights and ensure a fair and just workplace. ## Call Our Illinois Workers’ Rights Lawyers to Protect Your Valuable Rights If you’re considering [forming a union](https://chicagolegalcounsel.com/resources/blog/can-i-be-fired-for-trying-to-organize-a-union) and need guidance, or if you’re facing challenges such as employer retaliation, remember that you are not alone. At the Law Offices of Joshua D. McCann, LTD, we are deeply committed to understanding and protecting your rights, and supporting your efforts to improve your workplace through collective bargaining. Contact our [Illinois workers’ rights lawyers](https://chicagolegalcounsel.com/employment-law) at the Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:8474501103) to schedule your consultation. Together, we can ensure that your rights are protected as you seek to form a union and work towards a fair and just workplace. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [The Importance of Legal Representation in Race Discrimination Lawsuits in Illinois](https://chicagolegalcounsel.com/the-importance-of-legal-representation-in-race-discrimination-lawsuits-in-illinois/) **Published:** September 25, 2024 **Author:** msaawe **Content:** Facing race discrimination can be a profoundly unsettling experience, whether it occurs in the workplace, during educational pursuits, or within various public or private interactions. Such instances are not only morally reprehensible but also violate both federal and Illinois state laws that protect individuals from racial bias. As an experienced race discrimination attorney based in Schaumburg, I understand the complexities of navigating these legal waters and the critical importance of securing experienced legal representation. Race discrimination involves treating an individual unfavorably because of their race or characteristics associated with race. The legal frameworks that govern these claims are intricate, encompassing federal statutes like the [Civil Rights Act of 1964](https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=In%201964%2C%20Congress%20passed%20Public,hiring%2C%20promoting%2C%20and%20firing.), as well as Illinois-specific laws such as the Illinois Human Rights Act. These laws ensure that everyone has the right to fair treatment across various sectors including employment, housing, education, and access to public facilities. ## Why Effective Legal Representation Is Critical ### Understanding The Legal Framework Race discrimination law is grounded in complex legal principles that require a nuanced understanding of how federal and state statutes intersect. Skilled legal representation is crucial in interpreting these laws, crafting a compelling case, and navigating the procedural nuances of both state and federal courts. Without a thorough understanding of the legal landscape, individuals may find themselves unprepared to face aggressive defense tactics or to meet the stringent requirements for evidence and documentation. ### Advocating For Your Rights A dedicated race discrimination attorney will champion your rights from the initial consultation through to the resolution of your case. This includes gathering comprehensive evidence, engaging expert witnesses if necessary, and representing your interests vigorously in court. Legal advocacy extends beyond the courtroom, involving negotiations with defendants and mediation processes to seek fair settlements. ## Why Hiring An Attorney Is Crucial Statistically, individuals represented by attorneys have better outcomes in civil rights litigation than those who choose to represent themselves. An attorney with specific experience in race discrimination will know how to effectively present your case to enhance the likelihood of a favorable outcome, whether it involves restitution, reinstatement, or adequate compensation for damages suffered. ### Tailoring The Legal Strategy To Your Unique Situation Every case of race discrimination presents unique challenges and facts. As your attorney, I understand the importance of a tailored legal strategy. I will work with you to align the legal approach with the specifics of your situation. This bespoke strategy ensures that all facets of your case are carefully considered and addressed, making your claim as strong as possible. ### Legal Representation And Emotional Support Navigating a race discrimination lawsuit can be emotionally taxing. At the Law Offices of Joshua D. McCann, LTD, we understand the toll it can take. Our compassionate attorneys not only provide legal support but also emotional reassurance during this challenging time. We are here to help alleviate the stress of the legal process, allowing you to focus on your personal well-being and recovery. ## FAQs About Race Discrimination Lawsuits In Illinois ### What Constitutes Race Discrimination Under Illinois Law? Race discrimination in Illinois involves treating someone unfavorably because of their race or characteristics associated with their race. This can occur in various areas, including employment, education, housing, and more. ### What Are The Steps To Filing A Race Discrimination Lawsuit In Illinois? The first step is to consult with a knowledgeable attorney who can evaluate the merits of your case. You may need to file a complaint with the [Illinois Department of Human Rights](https://dhr.illinois.gov/) (IDHR) before proceeding to court, depending on the nature of the discrimination. ### How Long Do I Have To File A Discrimination Claim In Illinois? You generally have [180 days](https://dhr.illinois.gov/filing-a-charge/faq-section-iii.html#:~:text=A%20charge%20should%20be%20filed,date%20the%20discrimination%20took%20place.) from the date of the alleged incident to file a charge with the IDHR. However, this timeframe can extend to 300 days if the charge is also covered by federal law. ### Can I Receive Compensation For Race Discrimination? Yes, victims of racial discrimination can seek damages, including back pay, reinstatement, compensation for emotional distress, and punitive damages, depending on the specifics of the case. ### Why Should I Choose The Law Offices of Joshua D. McCann, LTD? Our office has a deep understanding of both federal and state discrimination laws and provides compassionate legal representation. We are dedicated to advocating for your rights and achieving the best possible outcome in your case. ## Contact Our Race Discrimination Attorney in Schaumburg If you believe you have been a victim of race discrimination in Schaumburg or anywhere in the Chicagoland area, do not hesitate to seek legal assistance. At the Law Offices of Joshua D. McCann, LTD, we are committed to providing professional and compassionate legal representation to ensure your rights are protected. Contact our [race discrimination attorney in Schaumburg](https://chicagolegalcounsel.com/employment-law/employment-discrimination/national-origin-race-religious-discrimination/) at the Law Offices of Joshua D. McCann, LTD by calling [(847) 450-1103](tel:8474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact/). ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ### [Common Signs of Sex Discrimination in the Workplace and How to Document Them](https://chicagolegalcounsel.com/common-signs-of-sex-discrimination-in-the-workplace-and-how-to-document-them/) **Published:** September 16, 2024 **Author:** msaawe **Content:** Discrimination based on sex in the workplace is not only unethical but also illegal under both federal and Illinois state law. However, identifying and proving sex discrimination can be challenging without understanding its subtle signs and knowing the proper steps to document such behaviors. As a seasoned Schaumburg sex discrimination lawyer, I’ve guided many clients through the process of recognizing the signs of discrimination and effectively documenting them to support their claims. ## Understanding Sex Discrimination Understanding [sex discrimination](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266) is crucial. It occurs when an employee or job applicant receives less favorable treatment, specifically because of their sex. This can impact hiring, promotions, job assignments, training opportunities, benefits, layoffs, and terminations. It’s important to recognize that sex discrimination can affect anyone, regardless of their actual or perceived sex, and it includes discrimination based on gender identity, gender expression, and sexual orientation. ## Recognizing The Signs Of Sex Discrimination 1. **Unequal Pay** – One of the most straightforward indicators of sex discrimination is when employees are paid less than colleagues of a different sex for performing the same or substantially similar work under similar working conditions. 2. **Disparities in Promotions** – If you notice that promotions are consistently given to one sex despite equal qualifications and performance, this might suggest a pattern of discrimination. 3. **Sexual Harassment** – Unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature are forms of sex discrimination. 4. **Differential Treatment** – This can include being excluded from meetings, denied training opportunities, given less desirable assignments, or subjected to stricter standards than those of a different sex. 5. **Remarks or Jokes** – Frequent sexist remarks or jokes that create a hostile work environment can also be a form of sex discrimination. ## How To Document Signs Of Sex Discrimination Documenting instances of sex discrimination is essential for building a strong legal case. Here’s how you can effectively collect evidence: 1. **Keep a Detailed Record** – Document every incident that you believe exemplifies sex discrimination. Include dates, times, locations, what was said or done, and the names of any witnesses. 2. **Save Communications** – Keep copies of all written communications, including emails, texts, performance reviews, and written reprimands, that may relate to the discriminatory behavior. 3. **Report the Behavior** – Follow your company’s procedures for reporting discrimination. This may involve speaking to your supervisor or human resources department. Keep a record of these reports and any responses you receive. 4. **Witness Corroboration** – If colleagues have witnessed any incidents of discrimination, ask them if they would be willing to provide statements or testify on your behalf. 5. **Gather Comparative Evidence** – Collect information about how colleagues of a different sex are treated differently. This might include pay records, job responsibilities, performance evaluations, and records of promotion. Seeking legal guidance early can be crucial. An attorney can help you understand your rights, the viability of your claim, and the best steps to take to protect yourself and strengthen your case. ## Illinois Sex Discrimination FAQs ### What is considered illegal sex discrimination in Illinois? Illegal sex discrimination involves treating someone unfavorably in their employment due to their sex, including aspects related to gender identity and sexual orientation. ### Can I file a sex discrimination claim if I’m a contractor and not a full-time employee? Yes, independent contractors can also be protected under certain anti-discrimination laws. It’s important to discuss your specific situation with a qualified attorney to understand your legal protections. ### How long do I have to file a sex discrimination claim in Illinois? Generally, you must file a charge of discrimination with the Illinois Department of Human Rights (IDHR) [within 180 days of the alleged incident](https://dhr.illinois.gov/filing-a-charge.html). ### What should I do if I face retaliation for reporting sex discrimination? Retaliation for reporting discrimination is also illegal. Document the retaliation just as you would the original discrimination, and inform your attorney immediately. ### Is it necessary to have direct evidence of sex discrimination to make a claim? While direct evidence is compelling, many claims rely on circumstantial evidence. Demonstrating patterns of behavior or differential treatment can also support your claim. ## Call Our Schaumburg Sex Discrimination Lawyer For Your Free Consultation. If you believe you are experiencing sex discrimination in the workplace, don’t hesitate to protect your rights. Contact our [Schaumburg sex discrimination lawyer](https://chicagolegalcounsel.com/employment-law/employment-discrimination/national-origin-race-religious-discrimination) at the Law Offices of Joshua D. McCann, LTD at [(847) 450-1103](tel:8474501103) to [receive your free consultation](https://chicagolegalcounsel.com/contact). With extensive experience serving clients across Schaumburg and the entire Chicagoland area, I am dedicated to providing professional and compassionate legal support to help you address and overcome this challenging situation. ![author avatar](https://secure.gravatar.com/avatar/40b8354575e386901fa87e2bb3e7a5b14c027ee86a0388cc4623b75a7eb451cd?s=300&d=mm&r=g) msaawe [See Full Bio](https://chicagolegalcounsel.com/author/msaawe/) [ ](https://chicagolegalcounsel.com/author/msaawe/) **Categories:** blog --- ## Pages ### [Home](https://chicagolegalcounsel.com/) **Published:** September 2, 2024 **Author:** msaawe **Content:** ## Joshua McCann ### Attorney at Law Joshua McCann is a practicing attorney with over 12 years of litigation experience. Since earning his J.D. from the Michigan State University College of Law, he has litigated numerous cases dealing with a wide variety of employment-related statutes. His experience includes federal, state, and administrative forums, such as the EEOC and the Illinois Department of Human Rights. Put a knowledgeable advocate in your corner. Discover how Joshua McCann can answer your questions about the FMLA, ADEA, ADA, FLSA, IHRA, or Title VII. He’s ready to educate you on your rights. [More About Joshua McCann](https://chicagolegalcounsel.com/our-team/josh-mccann/) ![Josh McCann](https://chicagolegalcounsel.com/wp-content/uploads/2024/09/img-2.jpg) --- ### [Your First Meeting With Our Firm](https://chicagolegalcounsel.com/resources/your-first-meeting-with-our-firm/) **Published:** September 3, 2024 **Author:** msaawe **Content:** An employment attorney’s work effectively begins after you have filed an administrative complaint with the U.S. Equal Employment Opportunity Commission or the Illinois Department of Human Rights. However, we want you to be informed before you commit to a legal course of action. This is why we offer a free initial consultation. If you have concerns about your employment rights, the Law Office of Law Offices of Joshua D. McCann, LTD can help you make more informed decisions. ## Developing Proactive Strategies With Employees For example, if you are still employed, there may be ways to document the different treatment your employer affords to employees who are not in your protected category. It may also be strategic to report the discrimination to your company’s human resources department. Although you may fear the consequences of coming forward, you will have created documentation of your allegations. These proactive steps may pay off if we later take the deposition of your employer. ## What To Expect At Your First Meeting With Us In preparing for your first meeting with the Law Office of Law Offices of Joshua D. McCann, LTD, we recommend bringing as much relevant documentation as possible. That will help us as we offer our impressions of your case and discuss potential legal theories. You may be able to bring a claim under more than one employment law, alleging multiple or alternative theories of liability. The type of employment claim may also influence our strategy, especially if pain and suffering, as well as punitive damages, can be pursued against your employer. Some employment discrimination claims allow for punitive damages; others, like age discrimination claims, may not. We also explain our firm’s fee arrangement at that meeting. If you file an employment lawsuit and prevail, your employer typically must pay for your attorney’s fees, up to a 30 percent contingency. However, that reimbursement generally does not include our retainer, the upfront fee we require after your initial consultation in order to start working on your case. ## Free Employment Law Consultation Attorney Joshua McCann has the experience to protect employees facing discrimination in the workplace. If you have questions about your rights as an employee, call **[(847) 450-1103](tel:8474501103)** for a free initial consultation. You can also use our [online contact form](https://chicagolegalcounsel.com/contact/). --- ### [Sex and Age Discrimination Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) **Published:** August 27, 2025 **Author:** msaawe **Content:** ## Sex And Age Discrimination Is Without Cause There are certain things in life you can’t control. Your gender and age are two of the big ones. So when sex or age discrimination takes place in the workplace, it’s particularly hurtful because it speaks to the core of who you are as a person. At the Law Offices of Joshua D. McCann, LTD, your outrage is our outrage. When you’ve been discriminated against because you are male or female, are pregnant, have been sexually harassed, or are considered too old or too young, we don’t like to settle with those who have aggrieved you. We prefer to fight for justice. There are strong federal and **Illinois laws** protecting you from **discrimination**. Take advantage of all that they offer by hiring a seasoned and relentless sex and age discrimination lawyer in Naperville, and throughout northern Illinois and surrounding counties. ### Two Laws That Protect You When it comes to sex and age discrimination in the workplace, the [Civil Rights Act of 1964](https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964) and the [Age Discrimination in Employment Act of 1967](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967) are the two most important laws in the land. According to the U.S. Equal Employment Opportunity Commission, each of these laws prohibits prejudicial action taken against employees in any aspect of employment including: - Hiring and firing - Compensation, assignment, or classification of employees - Transfer, promotion, layoff, or recall **Under both acts, illegal discriminatory practices include:** - Harassment - Retaliation against an employee for filing a discrimination charge, participating in an investigation, or standing up to discriminatory practices - Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of employees based on gender or age ### Hold Your Harassers Accountable [CONTACT US](https://chicagolegalcounsel.com/contact/) ### Information On Illinois Discrimination Law For You The Illinois Department of Human Rights investigates charges of employment discrimination filed against private employers and state and local government agencies-by [employment discrimination attorneys ](https://chicagolegalcounsel.com/employment-law/employment-discrimination/)in the state including Joshua McCann. The employer under investigation must have at least 15 employees in Illinois for the department to investigate. However, an employer with fewer employees can be investigated for the following reasons: - The charge alleges sexual harassment, retaliation, or discrimination based on physical or mental disability - The employer is a public contractor or part of the state government Charges against the federal government should be filed with the Equal Employment Opportunity counselor at the agency in which the discrimination took place. ## Statistics On Sex And Age Discrimination In The Workplace Workplace discrimination based on sex and age continues to be a significant and troubling issue across diverse industries in the United States. Despite the existence of robust legal protections established by[ Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) and the [Age Discrimination in Employment Act](https://www.dol.gov/general/topic/discrimination/agedisc) (ADEA), thousands of employees report experiencing various forms of unfair treatment, harassment, and retaliation. This report delves into the latest statistics and trends, shedding light on the pervasive nature and substantial impact of these forms of discrimination. ### Overview of EEOC Discrimination Charges According to the [Equal Employment Opportunity Commission’s (EEOC) 2023 report](https://www.filippatoslaw.com/blog/2023-eeoc-report-workplace-discrimination-statistics/), the agency documented a staggering total of 88,794 charges of workplace discrimination. Within this overwhelming figure, a notable portion relates specifically to sex and age: **Sex Discrimination** – Approximately 25,482 charges were reported, making this category one of the most prevalent forms of discrimination encountered in the workplace. **Age Discrimination** – An additional 11,376 charges reflected the ongoing challenges faced by older workers who frequently encounter obstacles in securing fair treatment. These statistics underscore the alarming reality that sex and age remain among the most frequently cited bases for workplace discrimination, alongside retaliatory actions and disability-related claims. ### ### Trends in Sex Discrimination Sex discrimination is a multifaceted issue that encompasses a range of unfair practices, including unequal pay for equal work, biased hiring or promotion decisions, sexual harassment, and discrimination related to pregnancy. Key findings include: Women across nearly all sectors continue to earn significantly less than their male counterparts. In 2023, the gender pay gap stood at a concerning 82 cents for every dollar earned by men, highlighting systemic inequality in compensation. The EEOC filed 504 harassment lawsuits in 2023, with many cases stemming from sexual harassment claims that persisted even as awareness and training programs were implemented. Discrimination against LGBTQ+ individuals, categorized under sex discrimination according to Title VII, has steadily increased annually since 2013, signifying a rise in awareness but also a continued threat to equality. Despite the increased focus on promoting diversity and inclusion, many workplaces still struggle to foster environments that are genuinely free from gender-based bias and discrimination. ### Trends in Age Discrimination Age discrimination predominantly affects seasoned workers aged 40 and older, who often encounter barriers that impede their professional growth and advancement. These challenges can manifest in various insidious ways, such as: - Hiring practices that favor younger candidates, leaving older applicants at a disadvantage. - Forced retirement or demotion based on age rather than performance. - Excluded from vital training or career advancement opportunities, limiting their professional development. In 2023, [age-related charges accounted for 15.6% of all EEOC complaints.](https://www.maynardnexsen.com/publication-looking-back-and-looking-forward-eeoc-enforcement-efforts) Among the most notable statistics: Alabama emerged as the state with the highest per capita charges of age discrimination, reporting 5.8 complaints per 100,000 residents. Industries that are rapidly evolving, such as technology, finance, and media, often equate youth with innovation, leading to prevalent age biases. Older workers frequently express feelings of being passed over for promotions or being laid off under the guise of organizational restructuring, despite having strong performance histories. ### Financial Impact and Resolutions The EEOC resolved a total of 83,787 charges in 2023, resulting in a substantial $346.2 million in monetary benefits awarded to victims of discrimination. Breaking down these results: Cases of sex discrimination yielded significant settlements, particularly in situations involving harassment and pregnancy discrimination. Victims of age discrimination often received compensation in the form of back pay, reinstatement, and meaningful changes to discriminatory policies within their organizations. These numbers highlight the serious financial and reputational consequences faced by employers that fail to address discriminatory practices effectively. ### Regional and Industry Insights Discrimination rates show considerable variation when examined across different states and industries: [Texas reported an alarming 10.2% of all EEOC charges in 2021](https://www.rekhiwolk.com/employment-law/employment-law-statistics/), positioning it as the state with the highest incidence of reported discrimination in the nation. Many industries notorious for high rates of sex discrimination include hospitality, healthcare, and retail, where unequal treatment can take many forms. Age discrimination is particularly rampant in sectors experiencing rapid technological advancements, such as information technology and telecommunications, where there can be a perceived bias toward younger employees. Understanding these patterns enables policymakers and employers to craft targeted interventions that can help mitigate the prevalence of discrimination. Although legal protections are firmly in place, effective enforcement and cultural transformation are crucial components needed to significantly reduce workplace discrimination. Employers can take proactive measures by: – Implementing comprehensive bias training and establishing inclusive hiring practices that prioritize equity. – Conducting regular audits to assess pay equity within their organizations. – Creating clear and accessible reporting and resolution procedures for employees to voice their concerns. For employees, staying informed about their rights and diligently documenting incidents of discrimination are essential steps toward seeking justice and addressing grievances effectively. ## Taking On Discrimination In The Workplace Although legal protections are firmly in place, effective enforcement and cultural transformation are crucial components needed to significantly reduce workplace discrimination. Employers can take proactive measures by: - Implementing comprehensive bias training and establishing inclusive hiring practices that prioritize equity. - Conducting regular audits to assess pay equity within their organizations. - Creating clear and accessible reporting and resolution procedures for employees to voice their concerns. For employees, staying informed about their rights and diligently documenting incidents of discrimination are essential steps toward seeking justice and addressing grievances effectively. Our extensive trial experience and knowledge of state and federal laws could be one of your biggest assets when fighting discrimination. Call the Law Offices of Joshua D. McCann, LTD at **[(847) 450-1103](tel:8474501103)** or **[contact us here](https://chicagolegalcounsel.com/contact/)** right now. --- ### [National Origin, Race, & Religious Discrimination Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/employment-discrimination/national-origin-race-religious-discrimination/) **Published:** August 27, 2025 **Author:** msaawe **Content:** ## Pushing Back Against Racial and Religious Discrimination ### We Can Push Back in Lisle, Naperville, Schaumburg, or Elsewhere in Northern Illinois and Surrounding Counties Skin color. Ancestry. Country of birth. Religious and spiritual beliefs. Although none of us is defined exclusively by these attributes and convictions, they’re often integral to our identities as people. Race and religious discrimination attorney [Joshua McCann](https://chicagolegalcounsel.com/) is eager to take on employers who have treated you unfairly based on your national origin, race, or religion. There are protections against these negative actions in place at federal and state levels. ## A Good Resource-The Illinois Department Of Human Rights The Illinois Department of Human Rights investigates charges of employment discrimination based on national origin, race, and religion that are filed against local and state government and private employers in the state. For an investigation to be launched, an employer must have at least 15 employees in the state unless: - The charge alleges sexual harassment or retaliation or discrimination based on mental or physical disability - The employer is part of the state government or is a public contractor Charges against the federal government should be filed with the Equal Employment Opportunity counselor at the agency where the discrimination took place. Our decades of experience and understanding of these laws can guide you through the proper channels. ### Harassed in the Workplace? [GET IN TOUCH](https://chicagolegalcounsel.com/contact/) ## The Civil Rights Act of 1964 – A Sword And Shield In The Discrimination Battle On the federal front, the government has taken significant steps to discourage employment prejudice based on national origin, race, or religion. According to the U.S. Equal Employment Opportunity Commission, the[ Civil Rights Act of 1964](https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964) prohibits negative actions based on any of those factors in any aspect of employment including: - Compensation, assignment, or classification of employees - Transfer, promotion, layoff, or recall - Hiring or firing **Under the act, discriminatory practices that are illegal include:** - Harassment - Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of employees based on national origin, race, or religion - Retaliation against an employee for filing a discrimination charge, participating in an investigation, or standing up to discriminatory practices The act makes it illegal to discriminate against people at work because of birthplace, ancestry, culture, or linguistic characteristics common to specific ethnic groups. Also, employers must reasonably accommodate the religious beliefs of current or prospective employees unless doing so would cause excessive hardships. ## Statistics on Racial and Religious Discrimination In The Workplace Despite the passage of numerous civil rights laws over the decades, racial and religious discrimination persist as significant issues within American workplaces. Employees across various industries continue to confront hurdles that affect their professional experiences, ranging from biased hiring practices to hostile environments. In this detailed examination, we will delve into the latest statistics and trends derived from the U.S. Equal Employment Opportunity Commission (EEOC) and other authoritative sources to provide a clearer understanding of these pressing issues. ## ### Overview of EEOC Discrimination Charges [In the fiscal year 2024, the EEOC received a staggering total of 88,531 charges related to workplace discrimination](https://www.workplaceclassaction.com/2025/02/eeoc-issues-annual-report-faces-future-in-flux/). Among these, race-based discrimination emerged prominently, accounting for 20,944 charges, establishing it as one of the leading categories of complaints. In comparison, religious discrimination resulted in 3,640 charges, marking a slight decrease from previous years. These statistics underscore continuous challenges in fostering equity and inclusivity, particularly in workplaces characterized by diversity and multiculturalism, where the potential for discrimination can be amplified. ### Racial Discrimination Trends Racial discrimination encompasses a range of unjust practices based on an individual’s race or color, affecting crucial aspects of employment such as hiring, promotions, compensation, disciplinary actions, and terminations. The statistics reveal some notable trends: [In 2024, race-related charges constituted 34.2% of all complaint](https://cwc.org/CWC/CWC/Updates/2025/FY24-Enforcement-Stats-Show-Increase-In-Filings.aspx)s filed with the EEOC, shedding light on the prevalent issue of racial bias in American workplaces. African American employees filed the majority of race-based complaints, followed closely by Hispanic and Asian workers, indicating a troubling trend of racial inequality affecting these groups. The EEOC has observed a rising occurrence of intersectional claims, where race discrimination intersects with other protected factors such as gender or national origin, illustrating the complex nature of bias experienced by individuals. Certain states stand out for their particularly high rates of race discrimination complaints: - **Texas** – Accounts for 10.2% of all EEOC charges nationwide. - **Alabama** – Records the highest per capita rate of race/color complaints, at a striking 8.3 per 100,000 residents. Industries with elevated issues of race discrimination frequently include retail, hospitality, healthcare, and law enforcement—sectors where public interaction is commonplace and workforces tend to be diverse. ### Religious Discrimination Trends Religious discrimination involves treating employees unfavorably due to their religious beliefs or practices, which can manifest in various ways, including the denial of accommodations for religious dress, observance of holidays, or time for prayer. The 2024 data presents a nuanced view: The number of charges related to religious discrimination fell to 3,640, a decline from 4,341 in 2023 and a significant drop from the peak of 13,824 in 2022 when vaccine-related religious objections surged dramatically. The EEOC has intensified its focus on combating antisemitism and anti-Muslim sentiments, particularly in educational and healthcare environments, where instances of discrimination can be both overt and subtle. Commonly reported issues include refusals to provide reasonable religious accommodations, harassment in the workplace, and retaliation against employees who seek religious leave. Many instances of religious bias remain underreported, often due to pervasive fears of stigma or a lack of awareness regarding legal protections. The EEOC is actively working to inform employers about their responsibilities to accommodate employees’ religious practices unless it results in undue hardship. ### Financial Impact and Resolutions [In 2023, the EEOC resolved a noteworthy 83,787 discrimination charges](https://www.filippatoslaw.com/blog/2023-eeoc-report-workplace-discrimination-statistics/), leading to a remarkable $346.2 million in monetary benefits awarded to victims of workplace discrimination. While the breakdown of these resolutions by category varies, cases involving race and religion often lead to significant outcomes, such as: - Compensation in the form of back pay and reinstatement for wrongfully terminated employees. - Compensatory damages awarded for emotional distress stemming from discriminatory practices. - Implementation of mandated policy changes and comprehensive training programs aimed at preventing future discrimination. High-profile settlements arising from these cases have involved major Fortune 500 companies and well-known public institutions, serving as stark reminders of the reputational and financial ramifications that can arise from noncompliance with anti-discrimination laws. ### Regional and Demographic Insights Discrimination rates reveal striking variations across different regions of the United States: Southern states like Alabama, Mississippi, and Arkansas consistently report the highest per capita rates of complaints filed with the EEOC. In bustling urban centers such as Chicago, New York, and Los Angeles—home to diverse populations—there is a notably higher volume of claims related to race and religious discrimination. Demographically, younger workers are increasingly inclined to report instances of religious discrimination, while complaints about racial discrimination span individuals of all age groups. Moreover, the growing role of intersectionality is evident, as employees frequently cite multiple forms of bias within a single complaint, indicating a broader spectrum of discrimination experiences. ## Stand Up To Discrimination At Work In Northern Illinois And Surrounding Counties While robust legal safeguards exist under[ Title VII of the Civil Rights Act](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964), real progress in eradicating workplace discrimination hinges on effective enforcement and cultural transformation. Employers can take decisive action by: - Implementing regular bias and sensitivity training programs designed to foster understanding and respect among employees. - Establishing clear, comprehensive anti-discrimination policies that underscore a commitment to equity. - Providing secure channels for reporting discriminatory behavior and ensuring proper resolution procedures are in place. - Actively promoting diverse leadership and equitable hiring practices to cultivate a more inclusive work environment. For employees seeking justice, understanding individual rights and meticulously documenting incidents of discrimination are essential steps. The EEOC offers valuable resources, counseling, and legal avenues for those affected, empowering them to stand up against discrimination and seek appropriate recourse. Joshua McCann, is an employment law attorney who has spent more than 30 years working on cases like these—and who has a passion for the work—is in the best position to take advantage of these strong state and federal protections for clients. Call the Law Offices of Joshua D. McCann, LTD at **[(847) 450-1103](tel:8474501103)** or **[contact us online](https://chicagolegalcounsel.com/contact/)** today for discrimination representation in northern Illinois. --- ### [Family and Medical Leave Act Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act/) **Published:** September 3, 2024 **Author:** msaawe **Content:** ## Illinois Family Medical Leave Act Attorneys Fighting for You Jane Smith develops a sleep disorder and can no longer work her usual hours. Her doctor recommends that she negotiate a flexible job schedule with her manager. But Jane’s employer won’t accommodate her medical needs. Slowly but surely, the company takes away her job duties until it’s “forced” to let her go due to lack of work. That’s an example of why the federal[ Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla) was signed into law—to help employees in Illinois and nationwide who find themselves in these types of situations. Under the FMLA, eligible employees of covered employers can take unpaid, job-protected leave for certain family and medical reasons, as regulated by the Wage and Hour Division of the U.S. Department of Labor. Eligible employees can take a total of 12 work weeks off in a 12-month period for reasons including: - The birth of a child and providing care for the baby within one year of birth - The adoption of a child or taking a child in under foster care and caring for that child within one year of placement - Taking care of a spouse, child, or parent who has a serious health condition - A health condition that prevents the employee from performing the core functions of his or her job Family of military service members gets more time. An eligible employee whose spouse, child, parent, or next of kin is in the military and has a serious injury or illness can take a total of 26 workweeks during a 12-month period to care for that service member. ### Denied FMLA Benefits? [GET IN TOUCH](https://chicagolegalcounsel.com/contact/) ### Which Employees Are Eligible And Which Employers Are Covered? Not all employees are covered under the Family and Medical Leave Act. To be eligible, they must: - Work for a covered employer - Have worked for the employer for a total of 12 months - Have worked at least 1,250 hours during the previous 12 months - Work at a place in the United States or in any territory or possession of the country where at least 50 employees are employed by the employer within 75 miles of that place States may have different eligibility requirements. Illinois is notoriously stringent. For example, employees in this state must be full-time to be eligible. Employers covered under the FMLA include all public agencies, local schools, and private-sector employers that have employed 50 or more employees in 20 or more workweeks during the current or preceding calendar year. ### Call A Lawyer Who Knows The System All too often, employers take advantage of their employees when they’re at their most vulnerable. We can take up your cause when you can’t. Call the Law Offices of Joshua D. McCann, LTD at **[(847) 450-1103](tel:8474501103)** or **[contact us online today](https://chicagolegalcounsel.com/contact/)** to find out if you have an FMLA case in northern Illinois and surrounding counties. --- ### [Prerequisite Administrative Filings Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/prerequisite-administrative-filings/) **Published:** September 3, 2024 **Author:** msaawe **Content:** ## What Are Prerequisite Administrative Filings? Many employees who come to the Law Offices of Joshua D. McCann, LTD do not realize that they must file an administrative complaint before bringing an employment discrimination lawsuit against their employer in court. Depending on the type of violation, you may need to file a claim with either the[ U.S. Equal Employment Opportunity Commission](https://www.eeoc.gov/) or the [Illinois Department of Human Rights](https://dhr.illinois.gov/). For federal employees, a separate federal EEO complaint process applies. ## Protecting Your Administrative Employment Rights Each of the above agencies will investigate your allegations and issue findings and results in a written report. However, their procedures are not identical. They have different limitation periods, investigatory processes, and settlement procedures. The [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) understands the procedural requirements of filing discrimination charges with the U.S. Equal Employment Opportunity Commission and the Illinois Department of Human Rights. If you do not understand the important differences between these two administrative procedures, you could jeopardize your claim. ### Get Your Questions Answered [REACH OUT NOW](https://chicagolegalcounsel.com/contact/) ## Tailoring Our Advocacy To Your Unique Needs Whether we are fighting for you in court or representing you in an administrative proceeding, your best outcome remains our bottom line. That may not always mean taking a case to court. After assessing the litigation strengths of your claim, we may recommend a different course of action. It may be possible to negotiate a settlement on your behalf, even while a claim is in the administrative stage. If you are still employed, it may also be possible to work with your human resources department. The Law Offices of Joshua D. McCann, LTD tailors its comprehensive employment law services to your unique needs. ## Set Up A Consultation For Free Employment law issues require careful attention to administrative and court procedures. Attorney Joshua McCann has helped hundreds of employees bring claims before the IDHR, EEOC, and EEO. If you are experiencing discriminatory treatment in the workplace, call for a **[free initial consultation](https://chicagolegalcounsel.com/contact/)**. You can also use our online contact form. --- ### [Retaliatory Discharge Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) **Published:** September 24, 2025 **Author:** msaawe **Content:** ## Retaliatory Discharge Is Wrongful Termination If you’ve been fired for any reason, it probably doesn’t seem justified to you. But when you’re discharged for engaging in activities that are protected under the law, it’s not just unfair, it’s illegal. Retaliatory discharge can happen in any type of job, to anyone in northern Illinois and the surrounding counties. For example: - A Muslim office assistant at a small business who files a charge of religious discrimination against his manager, then finds himself in the unemployment line - An executive at a publicly-held company who discovers fraud in the accounting department and is given her walking papers by the board of directors - A factory worker who’s told there’s no more work for him after his back is hurt due to faulty equipment All too often at the Law Offices of Joshua D. McCann, LTD, we see employees who have been fired after being hurt on the job because they plan to file or have filed claims with the Illinois Workers’ Compensation Commission. Such claims raise employers’ costs for workers’ compensation insurance. Employers who fire injured workers do so with the hope that those employees won’t file or will withdraw their claims. That’s an unlawful discharge from employment. It’s that kind of short-sighted, selfish thinking that we’re here to fight. We stand up to employers who take advantage of you in the hopes of saving themselves a few dollars. ### Wrongfully Terminated in Chicago? [CONTACT US NOW](https://chicagolegalcounsel.com/contact/) ## Whistleblowing Shouldn’t Mean Losing Your Job Employees who act as watchdogs at their places of employment provide a vital service in our democracy. Without brave whistleblowers, illegal activity at companies both large and small might go unrecognized. The U.S. Occupational Safety and Health Administration enforces the whistleblower provisions of 21 statutes protecting employees who report workplace violations. If an employee engages in a protected activity, an employer may not retaliate by taking adverse action against that employee. ## Frequently Asked Questions About Retaliatory Discharge ### What is retaliatory discharge? Retaliatory discharge is a term used to describe a wrongful termination that goes against established public policy. This situation arises when an employer dismisses an employee for engaging in specific protected activities. These activities may include filing a workers’ compensation claim after an on-the-job injury, blowing the whistle on illegal or unethical practices within the organization, refusing to participate in unlawful actions, or exercising a legal right, such as taking medical leave that is covered by law. Such wrongful terminations are strictly prohibited under Illinois common law as well as various federal statutes, which aim to protect employees from unfair treatment. ### Is Illinois an at-will employment state? Indeed, Illinois operates under the at-will employment doctrine, which essentially permits employers to terminate employees for virtually any reason, provided that it is not illegal. This means that while an employer can freely decide to end an employment relationship, retaliatory discharge presents a crucial exception to this rule. If a termination can be shown to violate a clear public policy mandate, the affected employee may possess valid grounds to pursue legal action against the employer. ### What are common examples of retaliatory discharge? Real-life examples of retaliatory discharge can illustrate the concept more clearly. Consider a warehouse worker who is unexpectedly let go after filing a workers’ compensation claim related to a serious back injury. Another example might be a dedicated nurse who faces termination for courageously reporting unsafe conditions that could harm patients. Additionally, an accountant could be fired for adhering to ethical standards by refusing to manipulate financial records, or an employee could be dismissed after providing testimony in a discrimination lawsuit. Each of these scenarios reflects the necessity of examining the specific circumstances and whether the actions taken were legally protected. ### How do I prove retaliatory discharge? To successfully establish a claim of retaliatory discharge, certain elements must typically be demonstrated. First, the individual must show that they engaged in a protected activity, such as reporting misconduct or filing a claim. Secondly, the employee must prove that they were terminated from their position. Lastly, it is essential to establish a causal connection between the protected activity and the termination itself. Evidence that can support this claim may include emails outlining the employee’s concerns, witness testimony confirming the circumstances leading to termination, the timing of key events, and statements made by the employer that may indicate motive. Courts generally seek evidence of retaliation patterns or reasons given for firing that may appear superficial or misleading. ### What legal remedies are available? If an individual is successful in proving a case of retaliatory discharge, they may have access to various legal remedies. These could include compensation for lost wages and benefits that were denied due to the wrongful termination. Additionally, the employee may seek damages for emotional distress caused by the experience. In specific cases, punitive damages may also be awarded if the employer’s actions are deemed particularly egregious. While reinstatement to the previous position is rare, it can occur. Furthermore, the affected employee may be entitled to recover attorney’s fees and court costs associated with pursuing the claim. In Illinois, retaliatory discharge is recognized as a tort, which allows the employee to pursue damages in a civil court setting. ### Is there a time limit to file a claim? Yes, there are specific time limits within which an individual must file a claim for retaliatory discharge. In the state of Illinois, the statute of limitations is generally five years from the date of termination. However, if the claim is based on federal law, such as the retaliation provisions of Title VII, the time frame may be significantly shorter, often requiring action within 180 to 300 days, depending on the federal agency involved in the case. ### Can I be fired for reporting harassment or discrimination? No, it is important to understand that employees are legally protected when they report instances of workplace harassment, discrimination, or safety violations. Retaliatory discharge or unlawful retaliation under civil rights statutes can occur if an employee faces termination for taking the courageous step of reporting these serious issues. Laws at both the state and federal levels are designed to safeguard individuals who stand up against misconduct in the workplace, ensuring they can do so without the fear of losing their job. ## Getting Justice For The Unlawfully Discharged To determine whether you were discharged in retaliation for protected activity, call the Law Offices of Joshua D. McCann, LTD in [DuPage County](https://www.dupagecounty.gov/) at **[(847) 450-1103](tel:8474501103)** or **[contact us online today](https://chicagolegalcounsel.com/contact/)**. --- ### [Blog](https://chicagolegalcounsel.com/resources/blog/) **Published:** September 2, 2024 **Author:** msaawe --- ### [Discrimination Against Federal Employees Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees/) **Published:** August 27, 2025 **Author:** msaawe **Content:** ## Fighting Federal Employee Discrimination The Federal Aviation Administration. The U.S. Post Office. The U.S. Navy. All are large government agencies that the Law Offices of Joshua D. McCann, LTD have taken to trial on behalf of employees who have been discriminated against, unjustly fired, or otherwise unfairly treated on the job. We have fought for our clients throughout northern Illinois and surrounding counties in more than 200 cases in federal court during our three decades of trial experience. Federal employees who have been wronged at work benefit from many of the same protections that private-sector workers do, but there are some differences including: - A specific process for filing complaints against federal agencies - [The Civil Service Reform Act](https://www.dol.gov/sites/dolgov/files/OASAM/legacy/files/Civil-Service-Reform-Act-1978.pdf), designed to shield federal employees and applicants ### Filing A Discrimination Complaint With A Federal Agency If you’re an employee of – or applicant to – a federal agency, and you believe that you’ve been discriminated against, you have the right to file a complaint with that agency. - **Step One** Contact the Equal Employment Opportunity counselor at the agency within 45 days of the discriminatory action. - **Step Two** Take part in counseling or alternative dispute resolution, if the agency offers ADR. If one or the other isn’t successful, you may file a complaint with the agency. - **Step Three** If the complaint isn’t dismissed, the agency must conduct an investigation. For single-issue cases, you may request a hearing before an Equal Employment Opportunity administrative judge or an immediate final decision from the agency. - **Step Four** If you request a hearing, the administrative judge must issue a decision within 180 days and order appropriate relief should discrimination be proven. If the agency doesn’t issue a final order within 40 days of receiving the decision, that decision becomes the agency’s final action. - **Step Five** If you disagree with the agency’s final action, appeal. With decades of experience in public sector employment discrimination in Illinois, the Law Offices of Joshua D. McCann, LTD can help you to navigate and get the most from what can be a lengthy and time-consuming process. ### Need to File a Discrimination Complaint? [GET STARTED TODAY](https://chicagolegalcounsel.com/contact/) ### The Civil Service Reform Act Aimed at federal employees and applicants, this anti-discrimination law is enforced by the Office of Special Counsel and the Merit Systems Protection Board. The act dictates that employees with authority can’t take personnel action that favors or discriminates against co-workers or applicants on the basis of: - Race - Color - National origin - Religion Federal employees with authority can’t make personnel decisions based on attributes or conduct – for example, political affiliation, marital status, or sexual orientation – that don’t negatively impact job performance. Also, it’s illegal to bring reprisal against federal employees or applicants for whistleblowing or for exercising an appeal, complaint, or grievance right under the law. Federal employees enjoy a robust set of protections against workplace discrimination, established through a comprehensive framework of laws and regulations. These protections encompass various employment aspects, including hiring, promotions, disciplinary actions, and terminations, extending across a wide spectrum of personal characteristics that define individuals. Below, you will find frequently asked questions accompanied by detailed answers designed to enlighten federal workers about their rights and available options in the event they face discrimination. ## Frequently Asked Questions About Federal Employee Discrimination ### What laws protect federal employees from discrimination? Federal employees are safeguarded by several critical laws, which include: [Title VII of the Civil Rights Act of 1964](https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964) – This landmark legislation prohibits any form of discrimination based on fundamental characteristics such as race, color, religion, sex, or national origin, ensuring a level playing field for all individuals. [Age Discrimination in Employment Act](https://www.dol.gov/general/topic/discrimination/agedisc) (ADEA) – This law specifically protects individuals aged 40 and older from discrimination, recognizing the value and contributions of older employees in the workforce. [Rehabilitation Act of 1973](https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973) – This act serves to prohibit discrimination against individuals with disabilities in federal employment, promoting an inclusive work environment for all. [Genetic Information Nondiscrimination Act](https://www.ashg.org/advocacy/gina/) (GINA) – GINA prevents discrimination based on genetic information, safeguarding employees from being treated unfairly due to their familial medical history. These protective laws are enforced by the [Equal Employment Opportunity Commission](https://www.eeoc.gov/) (EEOC) and apply uniformly to all federal agencies. ### What types of discrimination are prohibited? Federal law expansively prohibits discrimination based on numerous factors, including: - Race, color, and national origin - Religion and religious practices - Sex, which encompasses pregnancy, sexual orientation, and gender identity - Age, specifically for those who are 40 years old and older - Disability, whether physical or mental - Genetic information - Retaliation against individuals for filing a complaint or participating in an investigation Discriminatory practices can manifest in myriad ways throughout the employment process, affecting hiring decisions, promotions, pay scales, job assignments, training opportunities, benefits, and even the termination of employment. ### How do I file a discrimination complaint as a federal employee? The process for filing a discrimination complaint as a federal employee involves several critical steps: Reach out to an[ Equal Employment Opportunity](https://www.eeoc.gov/) (EEO) Counselor within your agency within 45 days of the occurrence of the discriminatory act. The EEO Counselor will initially work toward resolving the issue informally through dialogue and mediation. If the matter remains unresolved, you are then entitled to file a formal complaint with the agency’s EEO office. The agency will conduct a comprehensive investigation of the complaint and subsequently issue a decision based on the findings. Should you disagree with the agency’s decision, you have the right to appeal to the EEOC, request a hearing, or pursue legal action in federal court. It is essential to act promptly, as strict deadlines govern each phase of this process. ### What is retaliation, and is it illegal? Retaliation against employees is unequivocally illegal. Federal law distinctly prohibits employers from punishing or adversely impacting employees for: - Filing a discrimination complaint - Participating in an investigation or legal hearing Opposing discriminatory practices in the workplace Acts of retaliation can take various forms, including unjust demotion, harassment, denial of promotions, or unwarranted disciplinary actions that can severely impact the employee’s career and work environment. ### What remedies are available if discrimination is proven? Should evidence of discrimination be established, several remedies may be available, aimed at making the affected employee whole. These remedies may include: - Compensation for back pay and benefits lost as a result of the discriminatory actions - Reinstatement to the position or a promotion that was denied due to discrimination - Compensatory damages allocated for emotional distress endured by the employee - Coverage for attorney’s fees and associated costs incurred during the complaint process Mandated changes in agency policy or required training to prevent future discrimination The overall aim of these remedies is to restore the employee to the situation and standing they would have held had the discrimination not taken place. ### Can I file a complaint anonymously or without facing retaliation? While the individual filing a complaint must be the affected employee, [confidentiality is respected throughout the EEO counseling stage](https://www.eeoc.gov/filing-charge-discrimination). The law provides strong protections against retaliation, ensuring that employees can seek justice without fear of negative consequences. If retaliation does occur, additional complaints can be filed to address these new issues. ### What if I’m a federal contractor or applicant? Protection against discrimination extends beyond federal employees to include federal contractors and applicants. Such individuals are also entitled to protection under federal anti-discrimination laws. Complaints may be directed either to the [Office of Federal Contract Compliance Programs](https://www.dol.gov/agencies/ofccp) (OFCCP) or to the[ EEOC](https://www.eeoc.gov/filing-charge-discrimination), depending on the context of the discriminatory act. ### Are there protections for LGBTQ+ federal employees? Yes, indeed. Recent Supreme Court rulings and guidance from the EEOC assert that discrimination based on sexual orientation and gender identity constitutes a form of [sex discrimination under Title VII](https://www.eeoc.gov/youth/sex-discrimination). Consequently, federal agencies are obligated to ensure equal treatment of LGBTQ+ employees and take proactive steps to prevent any form of harassment. ### How long does the complaint process take? The duration of the complaint process can vary widely. Informal counseling typically spans approximately 30 days, with possible extensions depending on the circumstances. Formal investigations can extend to 180 days or even longer, particularly if further appeals or hearings are involved, which can add additional time to the overall process. Despite potentially lengthy proceedings, this structure is in place to guarantee a thorough and fair review of each case. ### We’re Here No Matter What Kind Of Government Case You Have We can help whether you’re employed in a federal, state, or local sector of government. Call the Law Offices of Joshua D. McCann, LTD at **[(847) 450-1103](tel:8474501103)** or **[contact us online today](https://chicagolegalcounsel.com/contact/)**. --- ### [Employment Discrimination Attorneys Serving Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) **Published:** September 3, 2024 **Author:** msaawe **Content:** ## Chicago Employment Discrimination Lawyers You’re angry, confused, and maybe even scared. You feel that you’ve been violated and tossed aside by the people and organization you’ve come to rely on and trust. In short, your job has become your nightmare. Our employment discrimination lawyers understand your stress and suffering. For more than 30 years in northern Illinois and surrounding counties, we have been relentless in taking on large public and private employers who mistakenly believe they can act with impunity. Some employers think they’re above the law. They’re not. ## We Know The System According to the U.S. Equal Opportunity Commission, on-the-job discrimination is illegal under several federal laws, including: - **Title VII of the Civil Rights Act of 1964:** prohibits employment discrimination based on [race, color, religion, national origin](https://chicagolegalcounsel.com/national-origin-race-religious-discrimination), or sex - **Equal Pay Act of 1963:** protects men and women performing essentially the same work in the same establishment from [sex-based wage discrimination](https://chicagolegalcounsel.com/sex-and-age-discrimination) - **[Age Discrimination](https://chicagolegalcounsel.com/sex-and-age-discrimination) in Employment Act of 1967:** protects individuals who are at least 40 years old - **Titles I and V of the Americans with Disabilities Act of 1990:** prohibits employment discrimination against qualified individuals with disabilities in private companies and in local and state government agencies - **Sections 501 and 505 of the Rehabilitation Act of 1973:** prohibits discrimination against qualified disabled individuals working in the federal government - **Uniformed Services Employment and Reemployment Rights Act of 1994:** ensures that persons who serve or have served in the Armed Forces, Reserves, National Guard, or other “uniformed services” are not discriminated against in employment based on past, present, or future military service ### Don’t Stand for Mistreatment [START FIGHTING BACK](https://.lawofficemichaelsmith.com/contact/) ### Federal Employees Have Separate Laws Protecting Them Another U.S. law—**the Civil Service Reform Act of 1978**—also makes discrimination illegal, but it targets [federal employees and applicants](https://chicagolegalcounsel.com/discrimination-against-federal-employees). The law is enforced by the Office of Special Counsel and the Merit Systems Protection Board. **The Civil Service Reform Act** dictates that employees with authority may not take personnel actions that favor or discriminate against co-workers or applicants. Federal employees wielding authority are also barred from making personnel decisions based on attributes or conduct, such as marital status, sexual orientation, and political affiliation, that don’t affect job performance. **Under the Civil Service Reform Act of 1978,** it’s also illegal to bring reprisal against federal employees or applicants for whistle-blowing or for exercising an appeal, complaint or grievance right. At the Law Offices of Joshua D. McCann, LTD, we proudly serve those in Chicago, Illinois, and surrounding areas, including Cook, Lake, McHenry, and DuPage counties. We are a discrimination law firm that has been doggedly pursuing justice for our clients for more than 30 years. We go up against federal agencies and private companies alike, including: - Federal Aviation Administration - U.S. Post Office - Chicago Blackhawks - Sears, Roebuck, and Co. ## Contact Our Tireless Chicago Employment Discrimination Lawyers We’re litigators, not negotiators. We don’t want to settle for the bare minimum for our wronged clients. We want justice. Call our office at **[(847) 450-1103](tel:8474501103)** or **[contact us here](https://chicagolegalcounsel.com/contact/)** for aggressive representation that won’t back down from the federal government or large private employers. We are proud to represent individuals in Chicago, Illinois, and beyond. --- ### [Taking Your Claim to Court in Chicago, Illinois and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/taking-your-claim-to-court/) **Published:** September 3, 2024 **Author:** msaawe **Content:** One of the biggest challenges in bringing an employment claim to court is evidentiary. There may be scant direct evidence of discrimination. Your employer may also offer conflicting versions of the facts, perhaps citing poor work performance to justify the adverse employment action it took against you. ## Fighting Pretext In Employment Discrimination Fortunately, there are other ways to prove that your employer’s excuses are the pretext for discrimination or other unlawful workplace behavior. The Law Offices of Joshua D. McCann, LTD knows how to see through these fallacies. With the civil discovery, we can thoroughly investigate your workplace conditions for inconsistencies, contradictions, and other clues that undermine the legitimate reasons offered by your employer. We then interweave that evidence into a compelling trial narrative. ### On Your Side from Start to Finish [CONTACT US TODAY](https://chicagolegalcounsel.com/contact/) ## Gaining Credibility In Front Of The Jury For example, any snags in your employer’s version of the story may seriously undermine its credibility in the eyes of a jury. Perhaps your employer gave conflicting reasons at different times to justify its actions. Perhaps your employer acted differently toward similarly situated employees who are not in your protected employment category. Perhaps your employer gave you unreasonable assignments to set you up for failure. Perhaps your human resources department failed to respond to your concerns or lacks appropriate policies for responding to allegations of unlawful workplace behaviors. In our experience, we have found that juries often do not look kindly on such discrepancies. As an experienced employment litigation firm, we excel in the courtroom. We know how to make our witnesses look good and to poke holes in the testimony of witnesses taking the stand against you. We have gone up against some of the biggest clients and obtained favorable results for our employees. In a nutshell, the Law Offices of Joshua D. McCann, LTD offers aggressive and experienced advocacy. ## Get The Information You Need In A Free Consultation When employees disguise discriminatory treatment with a pretext, you will need an aggressive employment law attorney who has extensive experience going up against corporate or governmental defendants in court. Call **[(847) 450-1103](tel:8474501103)** for a **free initial consultation**. You can also use our **[online contact form](https://chicagolegalcounsel.com/contact/)**. --- ### [Wrongful Termination Attorneys Serving Chicago, IL and Surrounding Areas](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) **Published:** September 3, 2024 **Author:** msaawe **Content:** ## Wrongful Termination The[ Illinois Department of Labor](https://labor.illinois.gov/faqs.html#:~:text=Illinois%20is%20an%20%22employment%20at,without%20any%20reason%20or%20cause.) notes that Illinois is an “employment at-will” state, meaning that an employer or employee can terminate the relationship at any time without any reason or cause. An employer cannot, however, discriminate based on a person’s race, color, religion, sex, national origin, ancestry, citizenship status, age, marital status, physical or mental handicap, military service or unfavorable military discharge. Another kind of wrongful termination could be retaliation, as an employer cannot retaliate against an employee for engaging in lawfully protected activities, such as filing workers’ compensation claims or complaints of illegal acts that violate the law. When a person believes that they may have a wrongful termination case, they should immediately contact the [Law Offices of Joshua D. McCann, LTD](https://chicagolegalcounsel.com/) for the best possible legal representation in their case. ## Types of Wrongful Termination Claims Not every firing will be a wrongful termination case, as employers often have a pretty good amount of latitude in their hiring decisions. A person will not have a wrongful termination if an employer fires them for a criminal offense such as theft even when they did not commit any crime or if an employer just simply disliked an employee. Many wrongful termination claims instead involve discrimination issues relating to the protected categories mentioned above. Discriminatory firings can be violations of both federal and state law, so these are always serious cases. Retaliation represents another common issue in wrongful termination claims, as employees cannot be terminated for unlawful retaliatory reasons. Many people are fired for firing workers’ compensation claims, which is illegal, but it is also common for some employees to be fired when they refuse the sexual advances of their employers, which is also illegal. Wrongful termination could also involve public policy violations such as employees blowing the whistle on employers or filing United States Equal Employment Opportunity (EEOC) claims. It is also possible that a wrongful termination claim could stem from a possible breach of contract. An employee who has a contract with their employer is generally not an at-will employee, so there can often be specific contractual terms that may prohibit their firing. Another possible wrongful termination claim could relate to an employee being fired for taking lawful time off under the Family Medical Leave Act (FMLA) or serving jury duty. ### Wrongfully Terminated in Chicago [CONTACT US NOW](https://chicagolegalcounsel.com/contact/) ## Contact Our Northern Illinois Wrongful Termination Attorneys Certain wrongful termination cases could require action before the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights, so you will want to make sure you are working with a lawyer who can guide you through the entire process. The Law Offices of Joshua D. McCann, LTD will offer you more than three decades of experience handling these types of cases. Our firm believes in helping people get justice in these types of cases. You can call **[(847) 450-1103](tel:8474501103)** or[ contact our Schaumburg employment law attorney online](https://chicagolegalcounsel.com/contact/) today to schedule a free initial consultation. --- ### [Contact](https://chicagolegalcounsel.com/contact/) **Published:** September 2, 2024 **Author:** msaawe **Content:** This is a page with some basic contact information, such as an address and phone number. You might also try a plugin to add a contact form. --- ### [Helpful Information](https://chicagolegalcounsel.com/resources/helpful-information/) **Published:** September 3, 2024 **Author:** msaawe **Content:** ## Newsletters The following news articles might be of interest to you as you research your legal problem. For advice about your legal situation, [contact us today](https://chicagolegalcounsel.com/contact/). --- ## Civil Rights Newsletters ### Disparate Treatment in the Employment of the Disabled Title I of the [Americans with Disabilities Act of 1990](https://www.ada.gov/) (ADA) prohibits discrimination in the workplace on the basis of an employee or a job applicant’s disability. Specifically, the ADA protects a “qualified individual with a disability.” In considering a disparate treatment claim by an employee with a disability, courts seek to determine whether the disabled employee was treated less favorably than other employees who were not disabled. ### Freedom of Religion and Freedom of Expression in the Public Square Because many aspects of religion involve the showing of religious symbols or the speaking of religious tenets and doctrines, issues of freedom of religion and freedom of expression often overlap. Free expression and civil rights advocates say that the United States Constitution protects religious expression and activity in the “public square.” Some advocates suggest, however, that courts, including the United States Supreme Court, have not followed the requirements of the First Amendment and have shown hostility toward religious expression in the public square since the terrorist attacks of September 11, 2001, and the passage of the USA PATRIOT Act. ### The Freedom of Religion in Prisons The federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) says in part that no government shall impose a substantial burden on the religious exercise of anyone confined to a federally-funded government institution, including prisons and jails. RLUIPA requires prisons to accommodate the religions practiced by inmates. The law allows governmental authorities to interfere with religious practices only if they can show a “compelling governmental interest.” Often, prison security and discipline have been found to be sufficient reasons to restrict inmates’ religious practices. ### The Proposed Flag Protection Amendment Despite this recent history, some members of Congress are attempting to pass the Flag Protection Amendment to the Constitution. Critics say that if the amendment passes, it would be the first amendment to limit, rather than protect, the freedom of speech. ### What is “Racial Profiling?” Racial profiling is defined as the targeting of individuals or groups by law enforcement officials on the basis of race, color, ethnicity, national origin, or religion, except where there is trustworthy information that links the person or the group to an identified crime or scheme. The Department of Justice’s (DOJ’s) racial profiling guidance permits the use of race and ethnicity in the identification of terrorists, but only to the extent permitted by federal law and the United States Constitution. The DOJ’s guidance prohibits law enforcement officers from using race or ethnicity in making routine or spontaneous enforcement decisions. ## Employment Law Newsletters ### Employer Monitoring of Employee’s Electronic Communications Several decades ago, the question of whether employers could monitor employees’ communications was relatively simple. It was fairly well established that while employers could monitor business calls, they could not, with a few limited exceptions, eavesdrop on employees’ personal phone calls. Today, employee communication has become high-tech. ### Federal Employee Labor Union Rights and Duties Title VII of the Civil Service Reform Act of 1978, known as the Federal Service Labor-Management Relations Statute, sets forth the law under which federal agency employees may be represented by a union or other labor organization for collective bargaining purposes. Pursuant to the Statute, most federal agency employees are entitled to join or organize labor unions. ### Parental Status Discrimination (State Law) ### Regulation of Common Situs Picketing–Neutral Sites Picketing is a tool commonly used by labor unions to publicize the existence of a labor dispute with a particular employer. One type of picketing that garners particular scrutiny is common situs picketing, which occurs where an employer’s worksite that is targeted for union picketing is also the worksite of another employer. ### The National Mediation Board In 1926, Congress passed the Railway Labor Act (RLA) to govern the resolution of disputes within the railroad industry. The RLA was amended in 1934, and the National Mediation Board (NMB) was created. In 1936, the jurisdiction of the RLA was expanded to include the airline industry. The NMB is an independent federal agency tasked with enforcing and interpreting the RLA. This article summarizes the major functions of the NMB. --- ### [Employment Law](https://chicagolegalcounsel.com/employment-law/) **Published:** September 3, 2024 **Author:** msaawe **Content:** #### [Employment Discrimination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) [National Origin, Race, & Religious Discrimination ](https://chicagolegalcounsel.com/employment-law/employment-discrimination/national-origin-race-religious-discrimination/) [Discrimination Against Federal Employees ](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees/) [Sex and Age Discrimination ](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) #### [Family and Medical Leave Act](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act/) #### [Prerequisite Administrative Filings](https://chicagolegalcounsel.com/employment-law/prerequisite-administrative-filings/) #### [Retaliatory Discharge](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) #### [Taking Your Claim to Court](https://chicagolegalcounsel.com/employment-law/taking-your-claim-to-court/) #### [Wrongful Termination](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) --- ### [Sitemap](https://chicagolegalcounsel.com/sitemap/) **Published:** September 3, 2024 **Author:** msaawe **Content:** - [Home](https://chicagolegalcounsel.com/) - [Our Team](https://chicagolegalcounsel.com/our-team/) - [Josh McCann](https://chicagolegalcounsel.com/our-team/josh-mccann/) - [Employment Law](https://chicagolegalcounsel.com/employment-law/) - [Employment Discrimination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/) - [National Origin, Race, Religious Discrimination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/national-origin-race-religious-discrimination/) - [Sex and Age Discrimination](https://chicagolegalcounsel.com/employment-law/employment-discrimination/sex-and-age-discrimination/) - [Discrimination Against Federal Employees](https://chicagolegalcounsel.com/employment-law/employment-discrimination/discrimination-against-federal-employees/) - [Family and Medical Leave Act](https://chicagolegalcounsel.com/employment-law/family-and-medical-leave-act/) - [Prerequisite Administrative Filings](https://chicagolegalcounsel.com/employment-law/prerequisite-administrative-filings/) - [Retaliatory Discharge](https://chicagolegalcounsel.com/employment-law/retaliatory-discharge/) - [Taking Your Claim to Court](https://chicagolegalcounsel.com/employment-law/taking-your-claim-to-court/) - [Wrongful Termination](https://chicagolegalcounsel.com/employment-law/wrongful-termination/) - [Resources](#) - [Your First Meeting With Our Firm](https://chicagolegalcounsel.com/resources/your-first-meeting-with-our-firm/) - [Helpful Information](https://chicagolegalcounsel.com/resources/helpful-information/) - [Blog](https://chicagolegalcounsel.com/resources/blog/) - [Contact](https://chicagolegalcounsel.com/contact/) - [Privacy Policy](https://chicagolegalcounsel.com/privacy-policy/) - [Disclaimer](https://chicagolegalcounsel.com/disclaimer/) --- ### [Resources](https://chicagolegalcounsel.com/resources/) **Published:** September 5, 2024 **Author:** msaawe --- ### [Josh McCann](https://chicagolegalcounsel.com/josh-mccann/) **Published:** September 3, 2024 **Author:** msaawe --- ### [Our Team](https://chicagolegalcounsel.com/our-team/) **Published:** September 3, 2024 **Author:** msaawe --- ### [Privacy Policy](https://chicagolegalcounsel.com/privacy-policy/) **Published:** September 2, 2024 **Author:** msaawe --- ### [Disclaimer](https://chicagolegalcounsel.com/disclaimer/) **Published:** September 3, 2024 **Author:** msaawe **Content:** ## **Attorney-Client Relationship** The information offered on this website or during our case evaluation does not create an attorney-client relationship. There is no attorney-client relationship between us until you have signed a written fee agreement. As such, we are not responsible for any harm or losses resulting from reliance on the information contained on this website. The information on this website may not apply to your specific case. Do not think you’ll get a complete or accurate answer to your legal questions just by reading an attorney’s website. You should always consult with an attorney about your specific legal question or issue. ## **Past Results Are Not a Guarantee of Future Results** Descriptions and summaries about the attorney’s prior cases and settlements found on this website are intended only to provide information about the activities and experience of our attorneys and should not be understood as a guarantee or assurance of future success in any matter. The results portrayed were dependent on a variety of facts and circumstances unique to the particular matters described, and do not reflect the entire record of the individual attorney(s) involved. Past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer’s or law firm’s past results. Every case is unique and different and should be evaluated on its own merits, without comparison to other cases that may have had different facts and circumstances. ## **Limitation of Liability** The use of this website is at the user’s own risk and Law Offices of Joshua D. McCann, LTD expressly disclaims all liability with respect to actions taken or not taken based on any contents of this website. The contents of the website contain general information and may not reflect the most current legal developments, verdicts, or settlements and neither the authors nor Law Offices of Joshua D. McCann, LTD make any claims, promises or guarantees about the accuracy, completeness, currency, or adequacy of the contents or information contained or linked to herein. The materials on this website may be changed, improved, or updated without notice. Law Offices of Joshua D. McCann, LTD is not responsible for any errors or omissions in the content of this website or for damages arising from the use or performance of this website under any circumstances. Law Offices of Joshua D. McCann, LTD does not intend this website to be advertising for legal services, but in some jurisdictions, it may be considered as such. Any prior results described on this website do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Law Offices of Joshua D. McCann, LTD does not seek to represent anyone based upon their viewing of this website in a jurisdiction where this website does not conform to local requirements. This website is not an offer to perform legal services in any jurisdiction in which the attorneys of Law Offices of Joshua D. McCann, LTD are not licensed to practice. The jurisdictions in which our lawyers are licensed to practice are indicated within the “Attorney Profile” section of this website. ## **No Solicitation** We request that you not use any of the information on this website, including without limitation, the e-mail addresses that are posted here, to transmit, distribute or facilitate the distribution of unsolicited bulk e-mail or other advertisements to Law Offices of Joshua D. McCann, LTD or any of its attorneys or other employees, and any such use of the information on this website is a violation of the terms of use of this website. --- ## Our Team ### [Josh McCann](https://chicagolegalcounsel.com/our-team/josh-mccann/) **Published:** September 4, 2024 **Author:** msaawe **Content:** ### Attorney at Law > “The legal process takes time. My job is to keep you informed and focused on your goals as we seek a solution together.” **Bar Admissions** - Illinois, 2008 - U.S. District Court for the Northern District of Illinois – General Bar - U.S. District Court for the Central District of Illinois **Education** - **J.D.** – [Michigan State University College of Law](https://www.law.msu.edu/), 2007 - Graduated magna cum laude as a Dean King Scholar for recognition of academic excellence - Became the Managing Editor of Business on the nationally-ranked *Journal of Business and Securities Law* by his second year of law school, a position not typically attained until one’s third year - Excelled in a wide variety of courses, winning the Jurisprudence Achievement Award for Constitutional Law in his second year - **B.S.** – Oakland University, 2003 - Graduated with Departmental Honors **Professional Associations** - Illinois State Bar Association - Member since 2008 --- ## Categories ### [Employment Law](https://chicagolegalcounsel.com/category/employment-law/) --- ### [resources](https://chicagolegalcounsel.com/category/resources/) --- ### [blog](https://chicagolegalcounsel.com/category/resources/blog/) --- ### [Wage Discrimination](https://chicagolegalcounsel.com/category/wage-discrimination/) --- ### [Age Discrimination Attorney](https://chicagolegalcounsel.com/category/age-discrimination-attorney/) --- ### [Equal Pay Lawyer](https://chicagolegalcounsel.com/category/equal-pay-lawyer/) --- ### [Disability Accommodation Lawyer](https://chicagolegalcounsel.com/category/disability-accommodation-lawyer/) --- ### [Retaliatory Discharge](https://chicagolegalcounsel.com/category/retaliatory-discharge/) --- ### [Employment Discrimination Lawyer](https://chicagolegalcounsel.com/category/employment-discrimination-lawyer/) --- ### [Wrongful Death](https://chicagolegalcounsel.com/category/wrongful-death/) --- ### [Wrongful Termination](https://chicagolegalcounsel.com/category/wrongful-termination/) --- ### [FMLA](https://chicagolegalcounsel.com/category/fmla/) --- ### [Whistleblower Rights](https://chicagolegalcounsel.com/category/whistleblower-rights/) --- ### [Genger Discrimination](https://chicagolegalcounsel.com/category/genger-discrimination/) --- ### [Religious Discrimination](https://chicagolegalcounsel.com/category/religious-discrimination/) --- ### [Race Discrimination](https://chicagolegalcounsel.com/category/race-discrimination/) --- ### [Sex Discrimination](https://chicagolegalcounsel.com/category/sex-discrimination/) --- ### [Employee Misclassification](https://chicagolegalcounsel.com/category/employee-misclassification/) --- ### [Employment Attorney](https://chicagolegalcounsel.com/category/employment-attorney/) --- ### [Employment Law Lawyer](https://chicagolegalcounsel.com/category/employment-law-lawyer/) --- ### [Age Discrimination Lawyer](https://chicagolegalcounsel.com/category/age-discrimination-lawyer/) --- ## Tags ### [Misclassified As A Salaried Employee In Illinois?](https://chicagolegalcounsel.com/tag/misclassified-as-a-salaried-employee-in-illinois/) --- ### [Examples Of Unlawful Sex Discrimination At Work](https://chicagolegalcounsel.com/tag/examples-of-unlawful-sex-discrimination-at-work/) --- ### [Signs You Need A Lawyer For Workplace Discrimination In Illinois](https://chicagolegalcounsel.com/tag/signs-you-need-a-lawyer-for-workplace-discrimination-in-illinois/) --- ### [What Counts As Age Discrimination At Work In Illinois?](https://chicagolegalcounsel.com/tag/what-counts-as-age-discrimination-at-work-in-illinois/) --- ### [Gender Stereotyping And Workplace Discrimination In Illinois](https://chicagolegalcounsel.com/tag/gender-stereotyping-and-workplace-discrimination-in-illinois/) --- ### [How A Chicago Employment Discrimination Lawyer Can Protect Your Rights](https://chicagolegalcounsel.com/tag/how-a-chicago-employment-discrimination-lawyer-can-protect-your-rights/) --- ### [Was I Fired Because Of Workplace Discrimination?](https://chicagolegalcounsel.com/tag/was-i-fired-because-of-workplace-discrimination/) ---