Imagine going to work one day in Chicago, and overhearing colleagues making negative comments about your age. Then, the following week, you find out you were passed over for a promotion for a younger worker with less seniority than you do. Is this employment discrimination? It could be, and if it is proven, you could be entitled to compensation in a work discrimination lawsuit.
Read more in this article about examples of employment discrimination. If you have specific questions, our Chicago employment discrimination attorney at North Suburban Legal Services has a strong track record of standing up to employers and protecting employees’ civil rights.
The Illinois Human Rights Act bans discrimination at work based on certain protected classes. These include race, religion, sex, national origin, age, order of protection status, marital status, disability, or sexual orientation. The Act also bans work discrimination based on citizenship status, pregnancy, and arrest record.
Some types of employment discrimination are obvious, but many are subtle. The following are examples of possible employment discrimination to watch for. If you think you were discriminated against, your Chicago employment discrimination attorney can review the evidence and determine if you have a case.
As stated earlier, companies may not discriminate against you when enforcing job policies or privileges. Also, they cannot discriminate against you when they offer promotions, pay raises, vacation time, or incentives. Examples include:
Furthermore, it is against the law for an employer to engage in intimidation or harassment. The employer also cannot retaliate against an employee for filing a lawsuit, joining a union, reporting discrimination, or participating in a workplace discrimination survey.
You most likely need to be in a protected class to prove workplace discrimination. Generally, you must show the court that you were treated unfairly by your company or potential company because you belong to a protected class.
If the employer regularly mistreats protected class members, your case can be stronger. You and your employment discrimination attorney need to show that the company decided to treat you differently because you are in a protected class.
However, few employers will admit they willingly engaged in employment discrimination. The company will likely argue that its actions were driven by something unrelated to employment discrimination. For example, if you think you were not hired because you are too young, this could be discrimination. However, the employer may argue that they did not hire you because you didn’t have the correct skills for the role.
Or, the company may claim there were superior or more qualified job candidates, and you were not hired on that basis. If you are to win your discrimination case, there must be strong evidence that shows the company’s true intentions and motivations. For example, you may need written proof that they intended to discriminate against you, such as an email or memo. You also could prove your case with corporate handbooks or policies, employment contracts, or job offers.
When you suspect employment discrimination, the first step should be to contact your HR department. You must try all administrative avenues before pursuing a discrimination lawsuit. Talk to your employer and try to address the alleged discriminatory action before taking further steps.
The next step is to submit a discrimination complaint through the relevant government agency if you cannot solve the matter administratively. Most workers file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is required to investigate the matter and determine if discrimination may have occurred. The agency will mail you a letter stating you have a right to sue if the matter has merit. With that letter, you can hire our Chicago employment discrimination attorney to fight for your rights.
Another option is to file an employment discrimination claim with the Illinois Department of Human Rights (IDHR), the state agency responsible for enforcing work discrimination laws. The IDHR protects workers in the state by investigating employment discrimination charges filed against companies, government agencies, employment agencies, and unions.
If you cannot address the matter administratively with your employer, you should talk to an Illinois discrimination attorney if you are in a protected class and suspect you were discriminated against. Your attorney will investigate the alleged discrimination and collect evidence for a potential claim.
You have a limited time to act when you think you are discriminated against at work. Federal workers must file their claim within 45 days of the alleged incident. Other employees must file within 180 days with the IDHR or 300 days with the EEOC. If you have any questions about filing your employment discrimination claim, our North Suburban Legal Services attorneys can guide you.
The bottom line on employment discrimination is that it is illegal on the job and during the hiring process. You also must be offered reasonable accommodations to do your job if you are disabled. If you believe you have been discriminated against at work, you do not have to be silent and tolerate it. Our Chicago employment discrimination attorneys at North Suburban Legal Services can now be reached for a legal consultation at (312) 909-6089. We will review your potential discrimination case and outline your legal options.