Although it is against the law to discriminate against pregnant employees and applicants, employers continue to violate federal and state labor and employment laws more than you might think. While cases of blatant discrimination do exist, many employers that get slapped with a workplace discrimination lawsuit are surprised to learn they did anything wrong. Find out what you can do to comply with labor laws and avoid costly litigation.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Under this law, a woman cannot be denied a job due to her pregnancy, as long as she is able to do the job. Employers also cannot treat her adversely because of her condition, such as withholding pay, benefits, or promotions. The Pregnancy Discrimination Act covers every aspect of employment, from hiring decisions to termination and everything in between. To protect your company from a pregnancy discrimination lawsuit, employers are encouraged to use discretion in the following situations.
Hiring Process and Decisions
You should never ask an employee or applicant if she is pregnant. Even if you do not make a hiring or promotion decision based on this information, just asking the question is a violation of federal labor laws. Employers should also avoid asking questions about a female applicant’s family and marital status, childcare arrangements, or plans to have children.
When an employee is unable to perform her normal job duties due to her pregnancy, she must be treated as any other employee with a temporary disability. She should be offered reasonable accommodations, light duty, disability leave, or any other options provided to other temporarily disabled employees, as needed based on her medical condition.
Maternity and Pregnancy Leave
Any disability leave offered to temporarily disabled employees must be extended to female employees that are unable to continue working for medical reasons during pregnancy. If your workplace is covered under the Family and Medical Leave Act (FMLA), an eligible employee is entitled to up to twelve weeks of unpaid leave for temporary disability resulting from pregnancy, recovery from childbirth, and/or caring for a new child. Employees (pregnant or not) that take leave through FMLA are protected from adverse treatment, such as reduced hours, reduced pay, harassment, demotion, or termination due to their absence.
Like almost every other state in the U.S., Illinois is considered an “at-will” employment state. This means employers and employees can end their working relationship “at will,” meaning, whenever they want and for whatever reason. While an employer can fire an employee with or without notice for almost any reason, there are still limitations and restrictions on “at will” employment. When someone is fired in an unlawful manner, it is called “wrongful termination.”
Employment Discrimination Laws
The Civil Rights Act of 1964 is the landmark anti-discrimination legislation in the United States. Title VII of the law addresses employment discrimination and prevents employers from discriminating on the basis of:
race, color, or national origin
sex or gender (including pregnant women)
religious identity, practice, or beliefs
The Age Discrimination in Employment Act of 1967 protects employees and applicants age 40 and older from age discrimination.
The Americans with Disabilities Act of 1990 is another example of major comprehensive legislation that has shaped employment law in the United States. Title I of the law prohibits employers from discriminating based on a qualified person’s disability, instead requiring them to make reasonable accommodations for the disabled person when possible.
The Illinois Human Rights Act, among other things, protects employees from discrimination based on sexual orientation. Firing anyone based on their race, nationality, sex, religion, age, disability, or sexual orientation is considered wrongful termination in Illinois.
Breach of Contract
The majority of wrongful termination lawsuits stem from a breach of contract claim. Once executed, the terms of an employment contract must be followed. If someone is fired six months into a one-year contract, he may have a case for wrongful termination. However, written and signed employment contracts are not the only source of wrongful termination lawsuits based on breach of contract. Employee handbooks, verbal promises, and other sources of information could be considered implied contracts.
Employers are not allowed to fire someone for refusing to do something unlawful, such as working through lunch breaks or disregarding safety regulations. It is also unlawful to terminate someone for whistleblowing or reporting a superior’s wrongdoing. Employees cannot be let go in retaliation for taking legally protected time off (FMLA leave, jury duty, voting, etc.).
Employment Law Attorneys in Chicago, Illinois
If you believe you have been wrongfully terminated, reach out to the Chicago employment law attorneys at Goldman & Ehrlich. Contact us today to request a free consultation.
It is against state and federal law to treat a person negatively in hiring or employment aspects because of his or her race, ethnicity, or nation of origin. Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act prohibit employment discrimination based on race and several other protected classifications. The best way to find out if you have a viable race discrimination claim is to speak with an experienced employment law attorney.
Race Discrimination in the Workplace
Examples of discrimination in the workplace can include:
unequal pay, bonuses, and hours
lack of advancement opportunities
termination or demotion
If you believe you have experienced adverse treatment in the workplace due to your race, ethnicity, or nation of origin, you may have an employment discrimination claim. However, to successfully litigate a workplace discrimination claim, you must be able to present evidence that the adverse treatment was affected by a protected classification (including, but not limited to, race, ethnicity, and nation of origin).
Establishing a Workplace Discrimination Claim
Employers usually realize it is unacceptable to terminate or demote someone based on their race or national origin. When asked, your boss will probably name a different reason for firing you, such as poor job performance. There are at least two ways to demonstrate there is a discrimination problem at your place of employment.
One way to establish the negative treatment you received was based on racial or ethnic prejudice is to prove that the employer’s reason for punishing you is likely false. Consider the following example: you are late to work for the second time in six months, and your boss terminates you, citing the tardiness. If you can prove other employees are chronically tardy, but are not punished, you may be able to establish a discrimination claim.
Another way to demonstrate you are a victim of discrimination is to show that you are only one example of a systemic problem in your workplace. For instance, if a new manager comes into an existing workplace and quickly fires every person of color for seemingly trivial reasons, you may be just a small part of a larger problem.
Need Legal Help? Call an Illinois Race Discrimination Attorney.
If you believe you have been a victim of employment discrimination, it is important to speak to an employment law attorney right away. Goldman & Ehrlich represents individuals and businesses in workplace discrimination disputes. Contact our office in Chicago, Illinois to request a free consultation.
With the recent hate rally in Charlottesville, Virginia, still on everyone’s minds, employers are wondering about how this affects them and their businesses as a whole. Businesses tend to hire workers who have the same values as the company. So what happens when a business is associated with having racist white supremacist as an employee?
Many Americans are trying their best to stomp out hate and promote equality, and may not wish to do business with a company that appears to promote a racist agenda. What can employers do if they find out an employee took place in the hate rally or other controversial event? What are their rights under employment law?
Hate groups do not fall under any of those categories, although members of the Ku Klux Klan (KKK) have challenged that the KKK should be considered a religion. The courts have rejected that claim.
Even if the employee participates in hate rallies outside of work, participation can still affect workplace morale. For example, many photos of the Charlottesville hate rally circulated the internet. Many people posted them on social media. Should co-workers see these photos, they will likely be circulated around the office. This can cause tension and bad feelings.
The law is not clear-cut, however. There are no specific laws allowing an employer to terminate employment for offensive behavior outside of the workplace. Therefore, it is best for employers to look at each case individually and seek legal help to determine their rights.
Contact an Illinois Employment Law Firm Today
As an employer, it’s important to make sure you fire employees for the right reasons. While you cannot fire employees for reason such as age, gender and religion, you can make firing decisions based on an employee’s off duty activities that are controversial in nature.
If you have an employee engaging in agendas that promote hate and violence, you may be concerned about how this will project onto your business. These situations need to be dealt with on a case-by-case basis, so don’t make any decisions until you first contact Goldman & Ehrlich for help. Call us at (312) 332-6733 or complete our online contact form.
With many employers looking for fresh young talent, age discrimination is on the rise. Age discrimination occurs when an employee faces unfavorable treatment based on age. Those age 40 and older are protected by law.
Age discrimination laws affect all aspects of employment, including hiring, layoffs, firing, training, pay, benefits and promotions. If you feel your employer is discriminating against you because of your age, read on to learn about your options.
What Constitutes Harassment?
Age is not a quality about ourselves that we can change. As such, workers should not have to face harassment in the workplace based on their age. Harassment can come from co-workers, supervisors and even clients. The law may not cover isolated incidents that tease someone about their age. However, if the teasing becomes a regular occurrence which makes the employee afraid or reluctant to even come to work, then the victim is likely facing a hostile environment based on age discrimination.
Employers do have the right to reprimand or discipline older workers for behavioral or performance issues. Such actions, by themselves, do not constitute harassment or age discrimination as long as age is not a factor, and younger employees are disciplined for the same performance issues.
Filing a Claim
If you are facing age discrimination, act quickly. You have 180 days to contact the Illinois Department of Human Rights and 300 days to contact the Equal Employment Opportunity Commission (EEOC) to file a charge. It is advisable to retain an employment attorney to file these charges, though it is not required. The employer will be notified of the charge and the EEOC will investigate. If there is sufficient evidence to prove the charge, the employer will be asked to remedy the situation. If the dispute cannot be resolved, the EEOC may take legal action, but it is more likely the EEOC will issue a Right to Sue letter which allows the employee to file suit in court.
Once the EEOC is done investigating your case, you receive a letter stating that you have the right to sue your employer regardless of whether the EEOC believes your claim is supported or not. You will have 90 days to file a lawsuit from that point, so act quickly. Find an employment lawyer who can help you understand your options.
Contact an Illinois Employment Law Firm Today
It’s a proven fact: we all get older. Being turned down for a job or getting fired solely based on one’s age is unfair on many levels. Employers should realize the benefits that come with age, such as more experience and knowledge.
It can be difficult to know what facts and evidence are relevant to prove an age claim, or to know if you have a realistic chance of proving you were fired or not hired based on your age. You’ll need legal representation to uncover the required evidence. Contact Goldman & Ehrlich as soon as possible for help. Call us at (312) 332-6733 or complete our online contact form.
In an ideal world, employees would be hired and remain employed with companies based on their performance. Unfortunately, many people are fired from their jobs because of their sexual orientation—including being transgender.
There is no specific federal law banning employers from discriminating against transgender employees. However, many courts interpret transgender discrimination as a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
There are, however, 20 states and many cities that have laws protecting transgender employees, including Illinois. We are making progress, but employment discrimination still exists.
Hurdles Transgender Employees Face
President Donald Trump is seeking to implement a ban on transgender people in the military. However, discrimination in the workplace extends much further than that.
Unfairness and discrimination affect 2 million employees in the United States every year. These employees are teased, harassed, denied promotions, forced to stay away from clients and even fired. Many receive negative reactions from employers and co-workers and end up receiving negative performance reviews, even though they had excellent reviews in the past. Transgender people even face discrimination when applying for jobs.
Statistics from the National Center for Transgender Equality show that more than 25 percent of transgender people have lost jobs due to discrimination. Non-white transgenders face even higher rates of discrimination. Discrimination has affected 97 percent of transgender people, with many denied basic requirements such as bathrooms.
How Discrimination Affects Employers
Discrimination affects employers as well. Word gets around, and many consumers refuse to buy products from those who discriminate. Also, those looking for a job will overlook companies that deprive employees of their civil rights.
Employees who have faced or seen discrimination will deter others from doing business with offending companies. Thirteen percent would discourage recommending the employer’s services, and 27 percent would not recommend their employer to those looking for a job.
Contact an Illinois Employment Law Firm Today
With more and more people coming out as transgender or having a sexual orientation that an employer is uncomfortable with, it’s important that employers understand their rights and responsibilities. It is unfair to treat someone differently based on their sexual orientation, including in an employment environment.
If you were treated badly by an employer or fired solely because you are transgender or gay, contact Goldman & Ehrlich as soon as possible for help. Call us at (312) 332-6733 or complete our online contact form.
Biometric information is becoming more prevalent in our society, from fingerprints that unlock cellphones to facial recognition programs that identify individuals in pictures based upon their facial features. Some Illinois employers are even utilizing technology such as time clocks that utilize and store biometric data such as fingerprints from employees. While some business owners may feel this technological advance prevents employees from being paid for time they do not actually work (as other employees will not be able to clock absent or tardy employees into work), these devices are also proving to be troublesome for employers due to Illinois’ Biometric Information Privacy Act (BIPA).
A Brief Overview of BIPA and Problems It Poses for Employers
Passed in 2008, Illinois’ BIPA is one of the most stringent laws in the country requiring private companies, agencies, and other entities to obtain consent from individuals prior to collecting or storing biometric data like fingerprints and iris scans. BIPA will also control the content and timing of notices that must be given to individuals whose biometric data has been collected and/or is being stored. The BIPA allows aggrieved individuals whose biometric data is collected, stored, and/or disseminated in violation of BIPA to collect up to $5,000 per incident (less if the BIPA violation was not intentional).
Some employers in Illinois have been sued under BIPA by employees claiming their fingerprints were obtained and/or stored in violation of BIPA’s requirements. More specifically, these employees claim that their employers collected their fingerprint data for use in their employers’ time clocks without telling the employees that such data would be collected and/or how it would be used and stored.
Contact Your Illinois Employment Law Firm Today
While this development should not discourage employers from looking for ways to enhance the efficiency of their businesses and promote greater accountability amongst their workers, this story should give employers pause and encourage them to seek legal counsel from an experienced and knowledgeable Illinois employment law attorney before enacting such drastic changes. Doing so can help ensure your new idea does not cause unintended consequences for you and your business.
If you are struggling with an employment law issue that is plaguing your Illinois business, contact Goldman & Ehrlich as soon as possible for help. Call us at 312-332-6733 or complete our online contact form.
Being unexpectedly terminated from your employment can be a disrupting experience – especially when it comes with little or no warning. It can also be particularly troubling if you believe that you were terminated on account of your race, ethnicity, religion, or any other protected classification or characteristic. While Illinois is an at-will employment state and either you or your employer may terminate your employment without giving notice and/or reason, an employer cannot terminate your employment for a discriminatory reason and attempt to hide behind the at-will employment laws. When your employment is terminated in contravention of the law, you are said to be the victim of a wrongful termination.
What if I Believe I Am Being Wrongfully Terminated?
Making a scene, threatening your supervisor, or engaging in aggressive conduct will rarely accomplish anything and may give the employer an excuse to terminate you. In certain circumstances, such behavior may even result in you being charged with a criminal offense. Instead, attempt to remain as calm as possible and pay attention to all the details and things that are said during the termination process.
Beware of violating Illinois’ eavesdropping law. Resist the temptation to immediately pull out your smartphone and begin recording the incident. If the conversation is taking place in a private location (such as your employer’s office) and all those present do not consent to the conversation being recorded, you may violate the law if you film or record the conversation anyway. But you can and should write a detailed summary of everything that was said as soon as possible while it is still fresh in your memory.
Try to obtain specifics from your employer. If your employer offers you an opportunity to ask questions during the termination process, attempt to obtain the reason or reasons why your employer is terminating your employment. This can be helpful if your employer later attempts to justify your termination on other grounds. If you have clear evidence that a stated reason is false, you can calmly explain why the reason is not accurate. E.g. showing your phone log to prove you did call in sick if they claim there was a no call no show.
Take detailed notes about the termination and the circumstances surrounding your termination as soon as possible. Write down who was present at your termination and whether any reason was provided to you about why you were being terminated.
What To Do With Your Information
Take your information and visit with the experienced Illinois wrongful termination lawyers at Goldman & Ehrlich as soon as possible. We will assist you by evaluating the facts of your case and helping you understand what rights and legal options you may have. Contact our firm at 312-332-6733 or contact us through our website.
Terminating an employee creates a risk that the employee may file wrongful termination lawsuits if their employment with a company unexpectedly and unwillingly comes to an end. Even though Illinois is considered an “at-will” employment state, this does not mean that Illinois employers can terminate their employees for any reason at all. Specifically, terminating an employee because of the employee’s disability, sex, pregnancy, race, or any other “protected” classification can lead to expensive and time-consuming litigation for the employer.
The Ease with Which Wrongful Termination Lawsuits Can Arise
While an employer may believe there are strong reasons for terminating an employee, an outside observer may believe the situation is as clear-cut. For example, you may believe you are terminating a female employee for chronic absenteeism, but the employee (and others) may reasonably believe it was due to the employee’s pregnancy. Similarly, an employee may produce far fewer results than his peers, but it may appear to others that his termination is due to his age, not his productivity.
No employer can eliminate the risk of a wrongful termination lawsuit, but there are steps you can take to help minimize the likelihood of a successful wrongful termination lawsuit from disrupting your business operations:
Create written policies and distribute them to your employees: Whether your business is big or small, you, your employees, and your operations can all benefit from written employee conduct and performance expectations. Once these are created, be certain to distribute them to your employees to read. Consider having your employees sign a form indicating that they have read your policy manual and understand it.
Enforce your policies fairly and consistently: When you discipline one employee differently than another when both employees have violated the same policy, a court or other observer will question your true motivation for disciplining the one employee while not disciplining the other. Eliminate this potential pitfall by simply enforcing your written policies in a consistent manner.
Keep records of employee disciplinary issues. It is much easier to justify terminating an employee for excessive absenteeism or poor productivity (for example) if you maintain records about prior talks or disciplinary actions you have had with the employee about their violations of company policies. These notes should be completed as soon as possible following the disciplinary talk or act and remain part of the employee’s file.
When You Are Served with a Wrongful Termination Lawsuit, Seek Help
The experienced Illinois employment law firm of Goldman & Ehrlich can help you and your business successfully navigate a wrongful termination lawsuit. Contact us as soon as possible to discuss your lawsuit by calling 312-332-6733 or by completing our firm’s online contact form.
The American Federation of State, County and Municipal Employees Local 1890, representing approximately 700 employees of Northern Illinois University (NIU), has filed a complaint against the university after the union and the university have failed to reach an agreement after nearly one and one-half years of negotiations. The complaint was filed with the Illinois Labor Relations Board after the university threatened to declare an impasse in its talks with the union.
What is Good Faith and an Impasse in Collective Bargaining?
When an employer and a union representing employees of the employer are engaged in negotiations concerning the terms and provisions of new a new employment agreement, both parties are expected to engage in these negotiations in “good faith.” This requires each party to be reasonable in the terms they are requesting the other party to accept and not to be belligerent and/or unnecessarily stubborn in their views. A party may be found to not be engaging in “good faith” in contract negotiations if, for example:
One party proposes contract terms that are objectively unreasonable or that are impossible for the other party to reasonably comply with;
One party fails to show up for negotiations or leaves negotiation sessions after a brief period of time;
One party insists that all of their demands are met as requested and refuses to consider alternative concessions and/or the requests and demands of the other party; and/or
Declaring an impasse in negotiations when too little time for meaningful negotiations has elapsed.
If one party believes that further negotiations are likely to be futile and fail to produce any beneficial results, an impasse may be declared. At that point, the employees (through the union) will need to decide whether to accept the employer’s “best offer” for a contract or to go on strike.
Wrongfully Declaring an Impasse
As noted above, declaring an impasse without allowing a sufficient amount of time for negotiations to take place and/or without honestly attempting to reach an agreement with the other side in the collective bargaining process is not to be encouraged. If the Illinois Labor Relations Board believes that NIU is prematurely declaring an impasse or otherwise acting in good faith, NIU may find itself facing significant sanctions and consequences.
Experienced and Professional Assistance for Illinois and Southwestern Michigan Employees
The law firm of Goldman & Ehrlich is committed to helping employees in Illinois and in Southwestern Michigan protect their legal rights at critical junctures in their employment. By contacting us as soon as possible after you believe your employer may have broken the law, unfairly discriminated against you, or otherwise failed to treat you in a professional manner during the hiring process or in disciplining or terminating you, we may be able to assist you in obtaining the legal relief and remedies available to you under the law. Call Goldman & Ehrlich today at 312-332-6733, or reach out to us using our online contact form.
Goldman & Ehrlich is located in Chicago, IL and serves clients in and around Chicago, Cook County, Lake County, DuPage County, Will County, Kane County, and McHenry County.
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