Illinois is considered an at-will employment state. This means that employees can quit a job at any time, for any reason. Likewise, employers can also fire employees at any time, and for any reason. However, there are some exceptions to this latter point. Federal and state law outlines certain instances in which employers cannot fire, demote, or otherwise penalize employees based on discriminatory reasons.
Everyone in Harvey and throughout Illinois has the right to work without discrimination from their employers. When these rights are violated, employees should speak to a Harvey employment discrimination lawyer who can help them keep their job and work in a fair environment.
It is illegal for employers to discriminate against employees on the basis of certain protected categories. These include a person’s:
Employment discrimination does not only apply to firing an employee or refusing to hire someone based on one or more of these categories. Denying someone a promotion, raise, bonus, training, or other benefits based on these categories are all considered employment discrimination.
Many federal laws prohibit employment discrimination. One often quoted is Title VII of the Civil Rights Act of 1964. This Act makes it illegal for any employer to discriminate based on race, color, religion, sex, or ethnicity.
The Age Discrimination in Employment Act also forbids discrimination against an employee or potential employee over the age of 40. While some jobs, such as working in a liquor store, require employees to be over a certain age, this does not apply to those over the age of 40.
The Americans with Disability Act is another federal statute that makes it illegal for employers to discriminate based on a person’s disability. Under this Act, employers must always try to accommodate those with disabilities while they are on the job.
The Americans with Disability Act does provide some exceptions for employers. It states that if hiring someone with a disability will cause undue hardship to the employer, it is not considered discrimination. For example, if a construction company was hiring construction workers and denied someone in a wheelchair employment, that may not be considered discrimination. A person in a wheelchair may not have the ability to perform all duties required on a construction site. It may also be unsafe for someone in a wheelchair to be on the job site.
Employees in Harvey are also protected by the Illinois Human Rights Act. This Act mirrors Title VII of the Civil Rights Act of 1964. It makes it illegal for any employer to deny employment or employment benefits to anyone based on their race, religion, gender, or other areas of discrimination.
Too many employees are discriminated against every day. To make the situation even worse, many of these workers decide against filing a discrimination lawsuit because they do not think they can fully prove the discrimination.
Fortunately, the courts do not view discrimination cases as they do other civil lawsuits. The courts understand that discrimination is often subtle and that there are practices employers use to cover up their discrimination. Due to this, hard evidence such as documentation is not always required in court.
Instead, the courts will often take circumstantial evidence into consideration. They may listen to other employees, look for patterns, and consider evidence that proves a direct link between any negative treatment by the employer and the negative impact the employee suffered as a result of that treatment.
Everyone has the right to work regardless of their age, race, religion, or any other protected category under the law. When employers disregard this law and discriminate against employees, an employment discrimination attorney in Harvey can help.
If you feel as though your employer has discriminated against you, call the Law Office of Mitchell A. Kline at (312) 558-1454. Attorney Kline will fight hard to ensure your rights are upheld, and that you have the freedom to work without discrimination. He has the experience necessary to prove discrimination took place, and to hold employers responsible when it does. Do not settle for unfair employment practices. Contact us today and get the help you need.