Employment Discrimination Lawyers in Chicago
Not all workers are treated equally in the United States. Far too often, corporations and managers discriminate against job applicants and employees based on their
- Race,
- Sex,
- Age,
- Disability,
- Pregnancy,
- Religion,
- Sexual Orientation,
- Nationality,
- Military Service, or
- Other Protected Categories
Often times, female employees are subjected to illegal sexual harassment or are paid less than men because of their gender. This is not just wrong, it is illegal.
If you are a victim of workplace discrimination or harassment, you need our aggressive Chicago based employment discrimination lawyers on your side.
Workplace Harassment Lawyers in Chicago
Important: Victims of discrimination or harassment must act fast. Depending on the State in which you worked, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days from the date the last incident occurred or you risk losing your ability to seek compensation in court.
Sexual harassment and discrimination lawsuits are an emotional and financial ordeal. Our firm helps ease the emotional and financial strain associated with sexual harassment lawsuits by putting a seasoned sexual harassment lawyer on your case so you feel comfortable discussing the situation and letting us help you win your sexual harassment lawsuit.
Employment Discrimination Law
Federal (e.g., Title VII, ADEA, ADA) and various state employment discrimination laws protect employees and prospective employees from discrimination on the basis of their race, national origin, color, sex, gender, religion, age, and disability. These same employment discrimination laws prohibit harassment of employees for the grounds listed above and prohibit employer retaliation against employees who complain about such discrimination or harassment, against themselves or others, to their employer or to any governmental agency or in a court proceeding.
It is illegal to discriminate in hiring, promotions, termination (known as wrongful termination) or other aspects of employment on the basis of a person’s race, gender, national origin, religion, disability, or age.
It is also illegal to retaliate against an individual for opposing such practices or consulting an attorney or the United States Equal Employment Opportunity Commission (EEOC) or equivalent state entity such as the Illinois Department of Human Rights (IDHR). In addition, various states, counties, and cities also outlaw employment discrimination and wrongful termination on the basis of other classifications like marital status, military service or parental status.
An employee in an employment discrimination and wrongful termination case must prove that the reason he or she was fired, or not hired or not promoted, is because of his or her “protected classification.” In other words, you have to prove that you were denied employment or a promotion because of your race, gender, ethnic background, age or other discriminatory factors.
Proving Employment Discrimination
Proving employment discrimination and wrongful termination is done by one of two methods. The first method is called the “direct method” which is easier to prove, especially when someone other than the plaintiff hears the comment. The “direct method” often involves a direct admission, such as saying a woman does not belong in a man’s job.
The second method is called the “indirect method” which is very much like it sounds and requires three steps:
- The employee must prove that he or she is qualified for the promotion or job and is of a different social background, gender or other protected classification than others who received the promotion or job.
- The company must give another reason for different treatment, such as poor performance but can be just about anything.
- The employee must prove the other reason is a lie
Because the burden of proof lies with the employee, and because discrimination and wrongful termination, much like sexual harassment lawsuits, must be handled with care, it is important to hire an experienced discrimination and wrongful termination lawyer such as you will find at Werman Salas P.C.
We help you navigate the legal waters of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and many state and local laws as well such as the Illinois Human Rights Act. These laws have different statues of limitations that have an impact on not only whether or not you can file, but whether there is a limit on the amount of back pay that you can collect.
Racial Discrimination
Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Equal employment opportunity cannot be denied any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII’s prohibitions apply regardless of whether the discrimination is directed at Whites, Blacks, Asians, Latinos, Arabs, Native Americans, Native Hawaiians and Pacific Islanders, multi-racial individuals, or persons of any other race, color, or ethnicity.
It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. Title VII prohibits not only intentional discrimination but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business. Employers should adopt “best practices” to reduce the likelihood of discrimination and to address impediments to equal employment opportunity.
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Sexual Harassment and Discrimination
Understanding Sexual Harassment and Discrimination Laws
Sexual harassment and discrimination lawsuits are an emotional and financial ordeal. Our firm helps ease the emotional and financial strain associated with sexual harassment lawsuits by putting a seasoned sexual harassment lawyer on your case so you feel comfortable discussing the situation and letting us help you win your sexual harassment lawsuit.
In general, sexual harassment lawsuits fall under two categories: quid pro quo sexual harassment and hostile environment sexual harassment. Quid pro quo sexual harassment is when an employer or supervisor demands sexual favors or makes unwanted sexual advances in return for a raise or promotion or even as a condition of employment.
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Age Discrimination
The Age Discrimination in Employment Act of 1967 (“ADEA”) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.
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Disability Discrimination
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.
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Pregnancy Discrimination
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments.
Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
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Religious Discrimination
Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
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National Origin Discrimination
Whether an employee or job applicant’s ancestry is Mexican, Ukrainian, Filipino, Arab, American Indian, or any other nationality, he or she is entitled to the same employment opportunities as anyone else. EEOC enforces the federal prohibition against national origin discrimination in employment under Title VII of the Civil Rights Act of 1964, which covers employers with fifteen (15) or more employees.
National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.
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Military Service Discrimination
The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), provides reemployment protection and other benefits for veterans and employees who perform military service. Under USERRA, if a military member leaves his civilian job for service in the uniformed services, he is entitled to return to the job, with accrued seniority, provided he meet the law’s eligibility criteria. USERRA applies to voluntary as well as involuntary service, in peacetime as well as wartime, and the law applies to virtually all civilian employers, including the Federal Government, State and local governments, and private employers, regardless of size.
USERRA covers virtually every individual in the country who serves in or has served in the uniformed services and applies to all employers in the public and private sectors, including Federal employers. The law seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their service. USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability.