Under federal law, it is illegal for employers to discriminate their employees, particularly those who are in the protected class. This includes color, race, gender, religion, those with an arrest record, citizenship, and national origin.
Likewise, Illinois anti-discrimination laws apply to employers who have more than 15 employees. Additional protection groups under Illinois anti-discrimination laws include employees who have endured sexual harassment, have a perceived or mental handicap, and those with military status.
Filing an Illinois Employment Discrimination Claim
If you feel that your employer has discriminated you, you can either file a claim with the federal agency or the state agency. The federal Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights have a working partnership that allows aggrieved employees to file claims with either of them.
For your claim to be deemed valid, you must prove that you were discriminated for belonging to a protected class. You must also show that you qualified for the job in the first place and that you have been satisfactorily undertaking your roles. You must also prove before either of the agencies that once you got fired from your job, you got replaced by someone who isn’t in the protected class.
You have a time-frame within which you must have filed your claim. This timeframe will is determined by the place that you file your Illinois employment discrimination claim and can be as short as six months. The duration that you were in employment before getting fired doesn’t matter. Even so, your claim is likely to be successful if you were on the job for a considerable period since it certainly helped you take note of the treatment that you got subjected to.
Can Your Former Employer Retaliate?
It is illegal under federal law for employers to engage in any form of retaliation after their employees make a discrimination claim. However, you should keep in mind that not all actions that an employer takes are deemed to be retaliation. It is only when his/her attitude towards you changes and affects your work, that it can be considered discrimination retaliation.
If you intend to file an Illinois employment discrimination claim, do not hesitate to speak to experts at HKM Employment Attorneys for legal advice and representation. Lawyers working at the firm are experienced in employment law. Therefore, they will offer you top-notch representation when you file your claim.
