At the boyhood home of Robert Reed (a/k/a Mike Brady), people work hard. They do not ask for much in return, other than a fair wage and fair treatment. Market forces largely determine a “fair” wage, but fair treatment is another matter. Various state and federal laws determine what is fair treatment. If employers violate these laws, even unintentionally, they might be liable for damages.
Government agencies, such as the Equal Employment Opportunity Commission, sometimes do not stand up for discrimination victims. When that happens, you can count on an employment discrimination lawyer near Des Plaines like Mitchell Kline. Our professional team not only advocates for you in court, but we also work closely with you so we can give you solid legal advice. Furthermore, our proactive communication about your case status means that you are never in the dark.
The first order of business in a job bias case is a prima facie discrimination case. First, the plaintiff must be a member of a protected employee class. Some examples include:
Next, the plaintiff must have suffered an adverse employment action. That action is not limited to entry and exit-level decisions, like hiring and firing. Employers cannot demote, reassign, or take other such actions against employees in protected classes unless they have a compelling nondiscriminatory reason.
An employment discrimination lawyer near Des Plaines can also help potential employees. During interviews, employers cannot ask questions about prohibited topics and they must provide accommodations for qualified applicants who need them.
After the plaintiff presents a prima facie case, employers may claim they had a nondiscriminatory reason for the adverse action. Economics is one of the leading employer defenses. Age discrimination claims are a good example. Frequently, older workers earn more money than younger workers. So, employers often target older workers for dismissal. Frequently, they inflate performance or other issues to force these workers to accept retirement packages.
On a related note, some employers point to disciplinary problems, such as poor attendance, to justify their actions. But if another worker had the same issue and was disciplined differently, as is often the case, this defense rings hollow.
An employment discrimination lawyer near Des Plaines must aggressively respond to these and other defenses. Otherwise, a judge might throw the claim out of court.
Most civil claims settle out of court. Usually depending on the strength of the evidence, that settlement usually occurs either early in the case or late in the game.
If an employment discrimination lawyer near Des Plaines gathers solid evidence, many employers settle claims quickly, often following procedural setbacks related to the aforementioned defenses. These settlements usually include consent decrees which require employers to change the way they do business.
Other cases settle following the discovery. During this period, it often becomes clear that an employer has little chance of winning a case in court. So, these late settlements often include significant compensation for discrimination victims. This compensation usually includes money for back pay and a reasonable amount of front pay. Other losses, such as job search expenses, are recoverable as well.
You never have to put up with workplace bias. For a free consultation with an experienced employment discrimination lawyer near Des Plaines, contact the Law Office of Mitchell A. Kline. We routinely handle matters in Cook County and nearby jurisdictions.