National origin discrimination in Illinois occurs when your employer treats you differently than other employees because of your nationality. Your national origin could also be based on your accent or ethnicity. Regardless of your national origin, it’s against the law to discriminate based on national origin in the state. In addition, your employer must take action to prevent and correct any type of harassment in your workplace based on your national origin.
Examples of National Origin Discrimination in Illinois
The state prohibits employers from harassing you or allowing other employees to harass you because of your national origin. Unfortunately, employers won’t tell you or any other employee that they permit harassment in the workplace based on nationality. However, there are some examples of national origin discrimination in Illinois. For example, it is discrimination when you’re demoted, terminated, constructively discharged, harassed or exposed to a hostile workplace as a result of your national origin. If an employer refused to hire you because of your national origin, that is discrimination too.
Resolving a Discrimination Claim in Illinois
In Illinois, you can file a discrimination claim with the Equal Employment Opportunity Commission (EEOC). You can also file a claim under the Illinois Department of Human Rights (IDHR). The claim is called a civil claim. This allows either the EEOC or the IDHR to investigate your claim to resolve the matter. You have 180 (or in some cases 300) days to file an IDHR claim from the date of the adverse action. This means if you were discriminated against on December 10, 2018, you have 180 or 300 days from that date to file a claim to start an investigation.
If you pursue a claim with the IDHR, the government agency will investigate and issue a finding. You may be able to file a lawsuit before or after the findings are issued by either the IDHR or EEOC. If you want to file a discrimination lawsuit prior to any government agency’s investigation, you must receive permission from the agency such as the IDHR or EEOC.
Getting Help to Fight Your Discrimination Claim
According to the Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate against an employee based on their national origin. It is also against state law to discriminate because of nationality. If you were discriminated against in your workplace, contact an Illinois discrimination lawyer at HKM for assistance. A discrimination lawyer at HKM will file a claim with the government agency on your behalf.