The fight for workers’ rights in the United States has been a long but successful road, leading to important legislation outlawing discrimination by employers. However, it is still common for companies to mistreat or fire employees on illegal grounds. When this happens to you, you can rely on the Illinois employment discrimination attorneys at Wanta Thome to supply the powerful legal representation you need.
Our employee rights attorneys are focused on assisting those who need help understanding the laws surrounding discrimination on the basis of age, gender, nationality, and other factors. We offer guidance from lawyers who are committed to using their knowledge, training, and experience to passionately champion workers when they are wronged.
Workplace discrimination occurs when someone at work is treated differently or less favorably due to a protected criterion. It can start even before someone is hired, such as when the candidate review process discards individuals based on conscious or unconscious biases. The discrimination does not have to come directly from managers or supervisors. Often, it occurs when these company representatives do nothing to stop the behavior of fellow employees.
Discrimination can take the form of being passed over for promotions or pay raises, being excluded from projects or social events, being accused of stealing, or suffering a hostile work environment. Some businesses may dismiss an employee’s claims of discrimination by saying the actions are just “company culture.” However, a culture that encourages or fails to respond to unfair and illegal treatment is never acceptable.
There are numerous laws and agencies focused on ensuring that employment discrimination is identified and addressed. Our job discrimination lawyers in Illinois can explain how both state and federal laws may apply to your case. We believe in educating our clients so they are confident in holding their employers accountable for unfair treatment.
Despite the many laws in place to prevent discrimination, it still occurs frequently. It may be challenging to identify specific actions that have been taken against you, yet you feel that you are being treated unfairly. When a company culture encourages silence, hostility, or “going along to get along,” discriminatory behaviors can be swept under the rug.
This is particularly true for sexual harassment, unequal pay, and racial discrimination. Some examples of situations where a client likely has a valid claim include:
Federal and state laws prohibit unfair treatment and retaliation through discriminatory actions like these. Employers also cannot demote, fire, or otherwise punish you for reporting workplace discrimination. However, it is important to remember that reporting these actions to your Human Resources (HR) group may not solve the problem. HR works for the company’s benefit, which may not always align with the employee’s needs. In these instances, it is best to discuss your case with the Illinois workplace discrimination attorneys at Wanta Thome.
The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing anti-discrimination laws and fielding complaints. They support employees who feel they have experienced discriminatory practices as members of any of the following protected classes:
Unfair treatment can include being treated differently, being harassed, or being intimidated by other employees on the basis of your protected status. It can also involve asking inadmissible questions about your medical history or status, whether you have or plan to have children or your immigration status. Discrimination also occurs when co-workers or managers refuse to make reasonable accommodations for your disability or religious beliefs.
Before initiating a workplace discrimination lawsuit against your employer, you must first file a complaint with the EEOC. Although you can complete the form on your own in Illinois, it is advisable to engage the help of an experienced employment discrimination attorney to ensure your case is presented as persuasively as possible. There may be terms that are unfamiliar to you or documentation you need help gathering. Your lawyer can assist with these and other tasks.
The Illinois Department of Human Rights (IDHR) enforces state laws that provide even stronger protections for employers than the EEOC. These laws go further to include smaller companies with fewer employees to ensure that as many workers are covered as possible. For example, for claims concerning sexual harassment or pregnancy discrimination, companies need only have one employee to be subject to legal action.
To file a claim with the IDHR, individuals in Illinois should work with a workplace discrimination attorney to complete the form within 300 days of the alleged unfair act. If your complaint is related to housing discrimination, you have 365 days to file the form. You do not need to file a claim with both the IDHR and the EEOC, since the agencies cooperate to respond to complaints.
The EEOC enforces numerous federal laws that have been implemented over many decades of social change. These laws attempt to right the wrongs that occur in the workplace and provide support for employment discrimination lawsuits. Some of the most important include:
In Illinois, you have additional protection against discrimination through the Illinois Human Rights Act (IHRA). In addition to outlawing unfair employment practices, it provides governance about discrimination from banks and creditors, housing authorities and landlords, and sexual harassment. The act even goes beyond the protections of the Americans with Disabilities Act (ADA) for disabled employees.
Specifically, IHRA defines a disability as a “determinable mental or physical characteristic of a person” and does not require that the disability significantly limit the person’s life. Another important aspect of the law is language that holds any employees or managers who fail to act against discrimination accountable. In other words, it is not enough simply to not engage in unfair treatment. Workers are expected to act if they are aware of discrimination.
Federal law provides established protections for standard categories of race, skin color, religion, and other protected by federal law. The IHRA goes further to prohibit discrimination in the workplace against those who have an arrest record or order or protection against them, are victims of domestic violence, or lack a permanent mailing address. The state also requires any employer with four or more employees to provide equal pay. For more information on Illinois laws regarding employment discrimination, contact our attorneys.
If you believe you have been treated unfairly under federal or state law, you may question whether it is worth the time to take action. Speaking with a job discrimination attorney in Illinois can help you make a well-informed decision about your next steps. At Wanta Thome, we are committed to supporting those who face illegal action in the workplace, so we offer free initial consultations.
A free review means you can ask questions, get answers, and have a clearer view of what might happen if you file a complaint. We also evaluate your situation to determine if the claim has merit and will hold up in court. Our team is focused on building powerful partnerships with our clients, not just racking up numbers of cases.
We assess the strength of your case, whether our values align, and how well our goals align for the outcome. We focus on claims where we are the best fit with the client’s needs and that have a high chance of success. These ideals allow our team to most effectively impact employees who are suffering discrimination at a company or within an industry.
At its worst, harassment and discrimination at work can cause you to lose pay, your employment, and even your health. Constant worry and stress make it difficult to perform your work. With lowered income or unemployment, your future and your family can suffer because of others’ actions.
Filing a workplace discrimination lawsuit with the help of an Illinois lawyer allows you the opportunity to request compensation for all the damages you have experienced. You may include the company, its executives, and specific individuals as defendants, holding them accountable for their negligence or intentional actions regarding the discrimination. Some examples of damages you could recover include:
These compensatory damages are meant to address the economic and non-economic ways in which your life was affected by illegal actions on the job. In situations where the behavior was widespread, malicious, or particularly egregious, the judge may elect to award punitive damages. A punitive award not only hurts the company substantially but also warns other companies that may be committing the same actions.
Although it can seem overwhelming to take on a company for breaking the law, we believe you will be more confident after meeting with our accomplished and experienced team of job discrimination attorneys at Wanta Thome. We will explain every step and give you our best advice during your initial free evaluation, with no obligation on your part. When you trust us with your claim, we begin to investigate and build the most robust case possible.
You do not have to face harassment or discrimination alone. We are here to provide compassionate and knowledgeable help, paired with a tenacious and result-driven approach to holding wrongdoers accountable. Contact us today to schedule your free consultation with an Illinois employment discrimination lawyer and understand how you can seek justice today.
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