Facing discrimination in the workplace can be extremely difficult. Employment discrimination can take many different forms, and it can result in employers taking numerous adverse actions against employees. You might even have faced employment discrimination when you applied for a job and as a result you were not offered the position. At the Law Office of Mitchell A. Kline, we know how harmful employment discrimination can be, and we are committed to fighting instances of employment discrimination at the state and federal levels.
If you have been the victim of employment discrimination, you may be able to file a claim for compensation. An experienced Chicago employment discrimination attorney near you can help with your case.
There are both state and federal laws that protect against employment discrimination. In Illinois, most employment discrimination protections exist under the Illinois Human Rights Act (775 ILCS 5/). This law specifically says that it is the public policy of Illinois that people in the state be free from unlawful discrimination. Under the Illinois Human Rights Act, it is unlawful to discriminate against a person based on any of the following characteristics or classifications:
There are also other forms of discrimination that are prohibited under the law. In addition, the Illinois Human Rights Act also prohibits sexual harassment in employment settings and in educational settings. Why would you file a discrimination claim under state law instead of under federal law? In short, there are pros and cons to each, but as you will see in just a moment, there are certain kinds of protections under Illinois state law that do not exist expressly under federal law. Namely, the Illinois Human Rights Act specifically states that it is unlawful to discriminate based on sexual orientation.
Most federal protections against employment discrimination exist under Title VII of the Civil Rights Act of 1964. The federal law explains that it is unlawful for an employer to discriminate against an employee (or a job applicant) based on any of the following characteristics of the individual:
In comparing the federal and state protections, you can see that the Illinois Human Rights Act provides greater protections than the federal law. In some situations, an employee can decide whether to file in state or in federal court. However, in other situations, based on the specific facts of the case, a plaintiff will be required to file his or her claim in a specific court. While it is usually best to file a claim in state court under the Illinois Human Rights Act given that it has greater protections for individuals who have faced discrimination, an experienced Chicago discrimination attorney can discuss your options with you.
If you believe that your recent demotion or termination resulted from employment discrimination, you should discuss your case with an aggressive Chicago employment discrimination lawyer as soon as possible. Contact the Law Office of Mitchell A. Kline today.