The Equal Employment Opportunity Commission handles most employment discrimination claims in Illinois. However, because this agency is rather small, its lawyers refuse to prosecute many discriomination cases. In fact, over half of the EEOC’s enforcement docket has no direct relationship to job discrimination.
So, if EEOC bureaucrats refuse to fight for you, that does not mean your claim is weak. It simply gives you the right to partner with a Chicago employment lawyer who fights for you instead of a President’s political agenda. These victims are entitled to financial compensation and, perhaps much more importantly, justice for the wrongs they suffered at work.
Employment discrimination actions usually involve a protected class. Some of the more common ones are outlined below. Retaliation usually involves a protected activity, such as:
- Initiating a sexual harassment, job discrimination, or other complaint,
- Encouraging someone else to file a complaint,
- Asserting your rights or threatening to file a complaint,
- Serving as a witness in an investigation, or
- Working with a rulemaking or other body.
To obtain compensation, victims must show a relationship between the protected activity and the retaliatory response. This response could be any adverse action before, during, or after the employment relationship begins. Frequently, a temporal connection is sufficient (e.g. filing a complaint in January and a demotion in February).
If you are a nonwhite worker, you are in a protected class. Employers can still take adverse action against these workers, but this action must be meticulously documented. And, if white workers did not face the same or similar discipline for the same or similar activity, there is essentially a presumption of racial discrimination.
This protected class includes workers over 40. The Supreme Court recently changed the law in this area. Instead of a primary factor in the decision, age discrimination must be the exclusive factor in the decision. Mainly for this reason, the EEOC no longer accepts many age discrimination complaints, unless there are a large number of victims and the legal issues are relatively clear.
Some jobs are mostly single-gender positions. For example, there are not many male nurses and there are not many female firefighters. Gender discrimination is especially an issue in these situations. Many bosses are not sensitive to the needs of other genders. Furthermore, these claims are easier to prove in court. Many employers unintentionally single out different genders for adverse action.
The disability could be physical, mental, emotional, or a combination of one or more of these things. These individuals could file legal action if the disability significantly affects their daily activity and they are otherwise qualified to perform the job.
Work With an Experienced Lawyer
The EEOC does not always take a stand against job discrimination. To schedule your consultation with a Chicago employment lawyer, contact the Law Office of Mitchell A. Kline today. We are here and ready to help.