Chicago Discrimination Attorneys

It is illegal under federal and state laws for employers or potential employers to discriminate against employees or candidates on the basis of their actual or perceived protected categories such as race, gender, gender identity, pregnancy, sexual orientation, nationality, religious beliefs, citizenship status, conviction record, military status, order of protection status, disability, or age (if 40 years old or older). Every employer has the duty to prevent a hostile work environment under both state and federal law.

Unlawful workplace discrimination can include getting inferior job assignments, being passed over for promotion or enduring demeaning comments or offensive materials in the workplace.

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What Does Workplace Discrimination Look Like?

Discrimination can take different forms and does not even have to be intentional to be illegal. Two general types of discrimination the law protects against are:

“Disparate Treatment”: This means that an employer intentionally singles out an individual or a group of people for unequal treatment for an illegal reason. For example, a victim of “disparate treatment” might be someone who is:

• denied a position or a promotion because of race;
• made to feel unsafe or humiliated because of repeated remarks made by a supervisor or co-workers about women or people of color;
• pressured by a superior to engage in sexual activity in order to keep a job;

“Disparate Impact”: This term applies when an employer has a policy or practice that has the effect of discriminating—even though it doesn’t single out a protected group for different treatment—and which is not related to an actual requirement of the job. This type of discrimination does not have to be intentional to be illegal. Examples of such policies or practices include:

• imposing lifting requirements for a job that does not actually require lifting (such requirements tend to exclude women or people with certain disabilities);
• forbidding employees from speaking any language other than English at all times at work.

What to Do if you are Subjected To Workplace Discrimination

Here are some basic steps you can take, if you are discriminated against by your employer:

• Record dates, places, people, times and witnesses of the harassment/discrimination. (Note: This must not be done on company time or company equipment and should be kept at home.)
• Review company policies about discrimination, grievance procedures or arbitration agreements.
• Put employer “on notice” by informing your superior(s) or human resources about what’s happening.
• Maintain copies of positive job evaluations or letters.
• Talk to sympathetic co-workers: you may find others who are encountering the same problems, and if you complain together, the complaints may be taken more seriously.

The Role of the Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) is a government agency that helps protect employees from discrimination in the workplace. It enforces federal laws that make it illegal for employers to discriminate against employees based on race, gender, age, disability, and other protected categories.

Key Functions of the EEOC:

• Investigates Complaints: The EEOC investigates workplace discrimination claims to determine if the employer broke the law.
• Mediation: The EEOC can help settle disputes between employees and employers without going to court.
• Legal Action: If necessary, the EEOC may take legal action against an employer, including filing a lawsuit.

Filing a Charge with the EEOC:

1. File a Complaint: Employees must file a charge with the EEOC within 180 days of the alleged discrimination.
2. Investigation: The EEOC will investigate by collecting information and interviewing witnesses.
3. Outcome: If the EEOC finds evidence of discrimination, it may try to settle the case or file a lawsuit.

Retaliation Protections

Retaliation is when an employer punishes an employee for reporting discrimination. This is illegal.

Examples of Retaliation:

• Firing or Demotion: Losing your job or being given a lower position after reporting discrimination.
• Harassment: Being mistreated or bullied after filing a complaint.
• Job Assignments: Being assigned unpleasant or difficult tasks as punishment.

If you face retaliation:

• Document Everything: Keep a record of what happened.
• Report it: Tell your employer or HR about the retaliation.
• Seek Legal Help: If retaliation continues, contact a lawyer.

Hostile Work Environment Claims

A hostile work environment happens when discrimination or offensive behavior makes the workplace uncomfortable or unsafe.

Examples of Hostile Behavior:

• Offensive Comments: Racial slurs or sexist remarks.
• Unwanted Touching: Any inappropriate physical contact.
• Offensive Materials: Displaying offensive pictures, posters, or jokes.

If you experience a hostile work environment:

• Report the Issue: Tell your supervisor or HR.
• Document the Behavior: Keep a detailed record of incidents.
• Get Legal Help: If nothing changes, seek assistance from an attorney.

Reasonable Accommodation for Disabilities

Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities, allowing them to perform their job duties.

Examples of Reasonable Accommodations:

• Flexible Hours: Adjusting work hours to accommodate medical appointments.
• Assistive Devices: Providing special equipment like a screen reader or voice recognition software.
• Workplace Adjustments: Modifying the physical workspace, like adding ramps or rearranging furniture.

If you need accommodations:

• Request an Accommodation: Let your employer know what you need.
• Collaborate: Work with your employer to find a reasonable solution.
• Seek Legal Advice: If the request is denied, contact an attorney for guidance.

Frequently Asked Questions (FAQ)

• How can I prove workplace discrimination?
  Proving discrimination can be difficult, but the most important step is to gather evidence. This can include:
  • Documenting dates, times, and descriptions of discriminatory incidents.
  • Keeping copies of any communications (emails, texts) that show discrimination.
  • Collecting witness statements from coworkers who saw or heard the discrimination.
• What are the time limits for filing a discrimination claim?
  In most cases, you must file a charge with the EEOC within 180 days from the date of the discriminatory incident. However, this period can be extended to 300 days in some states if the state has its own anti-discrimination laws. It's important to act quickly.
• What should I do if my employer retaliates against me for reporting discrimination?
  If you experience retaliation for reporting discrimination, document everything that happens, such as being demoted, given unfair job assignments, or harassed. Report the retaliation to your employer or HR and, if necessary, consult a discrimination attorney to understand your legal options.
• Can I still file a discrimination claim if the discrimination was unintentional?
  Yes, you can. Discrimination does not have to be intentional to be illegal. Disparate impact is a type of unintentional discrimination where an employer’s policy may disproportionately affect a protected group, even if it wasn’t meant to.
• What if my employer refuses to provide reasonable accommodations for my disability?
  If your employer refuses to provide reasonable accommodations, you should first have a conversation with HR or your supervisor to explain your needs. If they still refuse, you may want to consult with a lawyer who can guide you on how to file a formal complaint or take legal action.
• What can I do if I’m facing a hostile work environment?
  If you are dealing with a hostile work environment:
  • Report the situation to your employer or HR.
  • Document all incidents, including the behavior and the people involved.
  • If the issue is not resolved internally, you may want to speak to a lawyer to explore your legal options.
• What protections do I have if I am discriminated against due to my gender identity?
  Under both federal and state laws, gender identity is a protected category, and discrimination based on it is illegal. This includes unfair treatment, harassment, or denial of benefits or accommodations based on your gender identity.