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The Americans with Disabilities Act (ADA) protects qualified applicants and employees with disabilities from discrimination at workplace or in employment. This federal law applies to employment agencies, local and state governments, private employers, labor-management committees, and labor organizations, like unions. Other than the ADA, there are four other laws that protect disabled individuals against discrimination: The Civil Service Reform Act, the Vietnam Era Veterans’ Readjustment Assistance Act, the Workforce Investment Act, the Rehabilitation Act, and the Civil Service Reform Act.

All of these laws cover employment practices including hiring, firing, recruitment, benefits, job assignments, promotions, training and development, and other employment-related aspects.

Who is Covered?

The ADA and other laws protect the following employees:

• If an employee has a mental or physical impairment that significantly hinders them in performing daily activities, they are protected.

• If an employee has a history of disability, they are protected against discrimination from employers based on their impairment.

• An employee who isn’t actually disabled, but the employer regards them as disabled and discriminates them on this belief even if it is not true, the employee is protected.

What comes under Disability Discrimination at Workplace?

It is considered disability discrimination by an employer, if they:

• Treat you less favorably or differently as compared to other employees because you have a disability. This is known as direct discrimination.

• Harass or make jokes about your disability.

• Don’t make reasonable adjustments to the working environment for you to continue to work or allow you to work.

• Discriminate you by assigning tasks as other employees that are very difficult for you to accomplish because of your disability. This is known as indirect discrimination.

• Discriminate you because of having a connection to a disabled individual, like your spouse, family member, or child. This is known as discrimination by association.

• Victimize you for reporting illegal actions or discrimination against you to legal authorities.

Understanding Reasonable Accommodation

Under the ADA, the employer must give access to reasonable accommodations by making certain changes or adjustments to the workplace that will help you to do the routinely tasks with your disability. These reasonable accommodations include:

• Job restructuring

• Flexible working schedules

• Restructuring workplace to make it more accessible for employees with disabilities

• Temporary reassignment to another position with “light” duties

• Allowing to use casual or vacation leaves as medical leaves or take additional unpaid medical leaves

• Providing interpreters

• Adjustment of employee policies and training materials

In general, a reasonable accommodation enables employees with disabilities to perform their work just like any other non-disabled employee.

Contact an Employment Discrimination Lawyer Today

Having a disability, whether from birth or due to an accident, can make things difficult for a person to perform activities like non-disabled people. It is the responsibility of employers to make workplace favorable for disabled employees so that they can provide maximum productivity and output.

However, if you think that you are being discriminated by your employer due to your disability, you should talk to an experienced Roselle employment discrimination attorney to discuss your case. Contact the Law Office of Michael T. Smith today for a consultation.

Disparate treatment refers to a form of discrimination which is used for proving illegal employment discrimination against an employer. When a disparate treatment claim is filed against an employer, the employee alleges that they were treated in a different way compared other employees in a similar situation. It also entails that the difference was due to the employee being a member of a protected class. This means that the employee was treated differently because of their age, sex, race, religion, or any other protected characteristic. This discriminatory practice is prohibited under Illinois laws, and can lead to serious consequences for employers.

Understanding Disparate Treatment

According to the United States Supreme Court, disparate treatment discrimination is defined as the treatment of an employee that is less favorable than others due to their protected trait. For an employer to be considered liable for this kind of discrimination depends on whether their decision was motivated by the employee’s protected characteristic. Generally, disparate treatment discrimination is intentional in nature, in contrast to disparate impact, which is unintentional.

For example, José is a salesman, and he is fired because of being unable to meet his sales target for that particular month. José can file a claim that he was fired because of his ethnicity. In order to prove this, he would have to show that other employees who didn’t belong to a protected class were unable to meet their targets as well but were not fired.

Proving a Disparate Treatment Claim in Illinois

First of all, there should be enough evidence present to show the jury or judge that discrimination based on disparate treatment took place. This type of case is known as a prima facie case, because you show at first appearance that your employer resorted to discrimination. The evidence should be able to show the following:

1. You belong to a protected class

2. You were eligible for the position or job benefit

3. You were denied or discharged from getting that position or job benefit

4. The position or job benefit was given to someone who was not a member of the similar protected class or it remains available.

All these elements establish that others were treated more favorably and were granted what should have been given to you.

A disparate treatment discrimination claim presented as a prima facie case generally involves three steps:

1. First you produce evidence that your employer treated you differently because you are a member of a protected class. The evidence should include all the above four elements.

2. Now your employer is required to give a legitimate, nondiscriminatory reason for making such a decision to counter your allegation. It is important to note that the employer does not have to prove that they discriminate, they just have to show some evidence to support their reasons.

3. To support your claim, you can respond by showing that the employer’s reason is a pretext for discrimination. You may have to produce some evidence that makes the reason questionable and enables the judge or jury to conclude that the decision was based on discrimination.

Discuss your Case with an Employment Discrimination Lawyer Today

If you think you are a victim of age and sex discrimination based on disparate treatment by your employer, you should talk to an experienced and knowledgeable Roselle employment discrimination attorney who can provide skilled legal counsel for your case. Contact the Law Office of Michael T. Smith if you would like to consult a professional lawyer.

The First Amendment to the Constitution famously protects the individual rights of free speech and assembly. The U.S. Supreme Court has long held that these First Amendment protections extend to government employees who engage in lawful political activities. If a government worker is demoted or fired based on exercising his or her constitutionally protected rights, it is considered an illegal retaliatory discharge under federal civil rights law.

Yahnke v. Kane County

The Seventh U.S. Circuit Court of Appeals in Chicago recently reinstated a retaliatory discharge lawsuit brought by a former deputy sheriff in Kane County, Illinois. The deputy had worked in the sheriff’s office for 20 years, rising to the rank of sergeant. When the incumbent sheriff retired in 2006, the deputy considered running in the election to replace him. Ultimately the deputy decided not to run, and another deputy won the election.

Just before leaving office, the outgoing sheriff approved the deputy’s request to take a part-time second job as the police chief of a village that straddled the border between Kane County and DeKalb County. A few months later, the deputy was injured in the line of duty and was placed on disability leave. During this time, the new sheriff said the deputy would also not be allowed to actively work as the village police chief.

While on disability, the deputy hosted a social event at his home for the village police officers. He told the group he was once again thinking about running for sheriff at the next election. Shortly thereafter the sheriff, acting on legal advice from the State’s Attorney’s office, ordered the deputy to cease his role with the village police department.

But the sheriff did not stop there. He ordered an internal affairs investigation into whether the deputy had illegally continued to perform work for the village while on disability. The sheriff subsequently claimed the deputy had been “dishonest” in his subsequent testimony to the investigators. Consequently, the sheriff fired the deputy.

The deputy sued Kane County for illegal retaliatory discharge. Among other claims, the deputy alleged he was fired because he had openly discussed running against the sheriff in the next election-a protected political activity under the First Amendment. In support of his claim, the deputy cited the deposition testimony of an under-sheriff, who recalled the sheriff telling him he planned to fire the deputy-rather than impose a lesser penalty for the alleged dishonesty-and then stated, “He thinks he’s going to run for Sheriff against me some day.”

Despite this evidence, the trial judge granted summary judgment to the county. On appeal, the Seventh Circuit reversed that decision and returned the case for trial. Without ruling on the underlying merits of the case, the appeals court said the under-sheriff’s testimony could allow a jury to infer that the sheriff opted to fire the deputy rather than impose a lesser sanction because the deputy “expressed a desire to run against the Sheriff, and that the proffered reasons were not the actual motivation for the discharge.”

Have You Been Fired for Exercising Your Legal Rights?

There are many situations that may give rise to an illegal retaliatory discharge. If you have been fired because you attempted to exercise your constitutional or legal rights, you need to speak with a DuPage County retaliatory discharge lawyer as soon as possible. Contact the Law Office of Michael T. Smith if you need assistance with any type of employment discrimination claim.

In Illinois, if an employer treats an employee differently based on their religious beliefs, it is considered as discrimination under their human rights act. This means that your employer cannot make any comments at work, make job decisions, or even ask about your religion, as it is a violation of Title VII of the Civil Rights Act of 1964.

According to the EEOC, discrimination cases based on religion have increased dramatically over the past two decades. Between 1997 and 2015, the number of claims on religious discrimination have risen by 41 percent. Religious discrimination at workplace can take many forms. If you think you are a victim of this type of discrimination but not sure about it, here are some common forms of religious discrimination to help you understand your situation:

Promoting/Hiring/Firing

In this type of religious discrimination, the employer makes employment decisions based on an employee’s faith, or lack of it. This may include:

• Firing an employee if they take a day off to observe a religious event

• Refusing to hire an employee because they are an Orthodox Jew or Seventh-Day Adventist and observe a Saturday Sabbath

• Transferring an employee to a department where they are not allowed or required to interact with customers because they wear dreadlocks, scarf, hijab, or any other clothing

• Giving promotion to an employee because they have the same religious beliefs as the employer; for example, an employee that attends church regularly

• Denying an employee a raise because they discuss about their faith with other employees during lunch or any other free time

Failure to Accommodate

In some situations, an employer may be required to make decisions on the basis of an employee’s religion. While this may be in direct contradiction with Title VII guidelines, employers must accommodate their employees’ religious practices or, in other words, take into account their religion when making certain decisions.

Since religion is not a characteristic but a set of beliefs and practices, some employees may want to express their faith by carrying out certain actions. A few examples can be wearing some kind of additional clothing, not cutting their hair, donning religious items, displaying religious icons, and others. Failure to accommodate such things can be categorized as religious discrimination.

Harassment

It refers to a conduct against an individual that creates an offensive, hostile, or intimidating work environment for them. Harassment at workplace based on religion may include calling names or making fun of employees, ridiculing them for their choice of food, mocking for violating the dress code of the company, repeatedly trying to “preach” one’s religion with the intention to convert them, and several others.

With the recent changes in the government, discrimination based on religion has increased manifold. If you think you are being discriminated at your workplace because of your faith and beliefs, you can raise your voice and fight for your rights. Contact the Law Office of Michael T. Smith today to discuss your case with an experienced Roselle employment discrimination attorney and evaluate your legal options.

If you are diagnosed with or suffering from a serious medical condition and find it difficult to perform your duties, then under the Family and Medical Leave Act (FMLA), you can take medical leaves. These leaves are also granted when an employee has to take care of a child, spouse, or parent with a serious health condition. The main purpose of the FMLA is to provide people with the opportunity to balance the personal and family needs with the demands of the workplace.

There are several types of leaves for state employees under the FMLA that they can take in Illinois, which are:

Maternity Leave

Female state employees are eligible for twenty work days, i.e. four weeks of paid maternity leave if they pre-certify their pregnancy within the first five months. Moreover, those employees who apply for leaves for a spouse’s pregnancy will get fifteen work days, i.e. three weeks of paid leave. In case you are adopting a child, you are entitled to get three weeks of paid leave.

For those families that have two or more state employed members, all these leaves are limited to one leave per family, per year.

Parental and Family Leave

If you are a state employee, you can apply for child care leave for parental reasons including caring for an ill or emotionally disturbed child. You may also request for parental and family leave for child care of an adopted child who may be suffering from illness or any type of serious family dilemmas.

In case of adoption, you are eligible for ten work days, i.e. two weeks, of paid leave, which you can take after you have the physical custody of the child. Like maternity leave, these leaves are also limited to one leave per family, per year.

Organ Donation

State employees, who have been working at a state agency for at least six months, are entitled to take paid leaves for donating blood or blood platelets, organ, or bone marrow. According to the Organ Donor Leave Act, you may take 30 days of leave to serve as an organ or bone marrow donor, anytime in a 12-month period.

Family Responsibility Leave

State employees may take up to one year of leave to provide full-time care and supervision, non-professional treatment, or custody to their immediate family member. This leave is usually allotted when the employee feels the need to fulfill an obligation or duty towards their family.

State employees can use this leave for settling estate affairs of a deceased family member, providing custodial care or nursing a newborn infant, caring for a temporary bedridden or disabled member of the family, or any other specified purposes. The state is entitled to pay its share of health and dental premiums for employee and their dependents for up to six months.

Note that all these leaves can be extended to one to ninety days without deduction of ongoing service or without pay.

Contact a Professional Lawyer Today

If you find yourself eligible for any of the above mentioned types of leaves, and are facing difficulty in getting your FMLA leaves approved, then you should get professional help. Our Roselle FMLA attorney can help you build your case and get what is rightfully yours. Contact the Law Office of Michael T. Smith today to seek experienced guidance and help in this matter.

Most employees understand that they cannot be discriminated against because of sex under Title VII of the Civil Rights Act. But what many employees might not know is that this goes on beyond simple sex discrimination. Of course an employer cannot fire you simply because you are a woman or a man, but Title VII also extends to other immutable characteristics related to gender. Most recently, the EEOC held that under Title VII, an employer cannot discriminate against a female employee because she is pregnant.

The Quality Solutions, LLC Case

According to the U.S. Equal Employment Opportunity Commissions, in the case of Quality Solutions, LLC, a pregnant woman contacted the employer seeking a temporary position. However, the employer refused to hire her for a job in a warehouse, telling her that because she was pregnant, she could get hurt.

The woman filed a complaint in federal court, and under the terms of a settlement announced by the EEOC, the employer has now agreed to pay her $22,500 for refusing to hire her because of her pregnancy. According to the EEOC, the settlement shows that employers cannot make decisions about whether a certain type of work is safe or not for a pregnant woman. Every pregnant woman is free to make these decisions without interference from an employer.

Both Federal and Illinois Law Protects Women From Discrimination Over Pregnancy

Under Title VII, women cannot be discriminated against for pregnancy, childbirth, or any related conditions. While the Quality Solutions case is one example of how this works when a complaint goes to court, refusal to hire is only one example of illegal pregnancy discrimination.

Of course women cannot be fired simply because they are pregnant, but employers must also make reasonable accommodations for pregnant women as well, such as additional time setting, or perhaps more frequent short breaks. If a woman needs time off because of a pregnancy-related condition, or for childbirth, an employer is required under federal law to provide the same amount of time off as any other employee would receive for a short-term disability.

In addition, employers must provide the same type of health insurance coverage to pregnant woman as they provide to every other employee. It is illegal to require pregnant women to pay higher deductibles, or to provide different health benefits for single pregnant women as opposed to married pregnant women.

And in addition to pursuing a federal lawsuit, any woman who is discriminated against because of a pregnancy in Illinois can also file a complaint with the Illinois Department of Human Rights.

Contact an Employment Discrimination Lawyer Today

Federal law is clear that employers cannot discriminate against you for any reason related to your sex, and this latest case shows that this protection encompasses pregnant women as well. If you feel that your employer has retaliated against your or terminated you because of your sex, an experienced Roselle employment discrimination attorney can review your case. Contact the Law Office of Michael T. Smith today for a consultation.

Have you been fired from your job recently? Did the employer give you a legitimate reason why they decided to terminate your employment? If not, you should have a look at this wrongful termination checklist, as there is a good chance you might have a case. The following is a compilation of questions that you should ask yourself to determine whether you have been unlawfully terminated.

Harassment

The law strictly prohibits employers from terminating employees based on their race, religion, color, or gender. It also provides protection against harassment by employers based on such categories. If you think any of the following are true, you may consider filing a wrongful termination case against your employer:

• Did the employer ask you for sexual favors, or made undesirable sexual advances, or express to establish sexual relations with you?

• If you were in any sort of relationship with the employer and it ended for any reason whatsoever, did that result in negative treatment or you were terminated immediately after that?

• Did the employer make insulting or offensive comments about your gender, disability, national origin, race, sexuality, religion, or age? If yes, were they made openly or in private?

Discrimination

There are federal laws in place that protect employees against discrimination or termination based on their gender, disability, national origin, race, sexuality, religion, or age. The following questions will help you determine whether you were unlawfully terminated:

• Do you think that you were terminated based on discriminatory reasons? If yes, is there any direct evidence, preferably in writing, for that?

• Did the employer treat you differently than other employees belonging to a protected category of age, race, gender, or others?

• Did the employer’s actions or comments indicate biasness against certain group in which you belong? If yes, there are any witnesses who can testify?

Breach of Contract

If a worker is fired when they had an employment agreement with the employer, it is considered as wrongful termination in the form of breach of contract. You may consider filing a claim if you answer “yes” to any of the following questions:

• Did the contract specify any reasons or a termination procedure?

• Is there a detailed employee handbook that covers terms and conditions for discipline, advancement, termination, etc.?

• Did the employee, at the time of signing the contract, make any statements regarding specific situations or reasons for which you could be fired?

Retaliation

The law prohibits employees from punishing or firing employees for taking part in certain protected practices such as cooperating with government agencies, being a witness of illegal behavior and others. You may have a valid claim under retaliation if any of the following holds true:

• Before you were fired, did you take part any sort of investigation against the company?

• Did your employer warned or discouraged you from such participation?

• ü Did your employer tried to convince you to not file a complaint against the company?

If you have answered some of them in yes, it is time to swipe unlock your phone and call an experienced Roselle wrongful termination attorney to discuss your case and help you file a claim against your employer. Contact the Law Office of Michael T. Smith today for a consultation.

When it comes to employment discrimination, it is unlawful for employers to fire or deprive their employees of their workplace rights based on their color, sex, race, religion, national origin, or any other aspect that marks them as a minority in the workplace. While there is the Illinois Human Rights Act that protects employees from any type of discrimination, it is imperative for every employee to have basic knowledge of when they are subjected to discrimination by their employers.

Types of Employment Discrimination in Illinois

Under the Illinois Human Rights Act and NSCL, employers are prohibited to discriminate employees on the basis of sex, color, religion, race, marital status, ancestry, disability (mental, physical, or perceived), arrest record, genetic information, medical conditions (pregnancy and childbirth), victims of domestic violence, and age (40 and over).

Employees can take legal action if they are subjected to “aid and abet” discrimination. Moreover, this type of discrimination is not limited to the employer; it also includes the person(s) who aided in the discrimination to happen. Disabled employees are protected from employment discrimination under the Americans with Disabilities Act.

Antidiscrimination Laws and the Number of Employees a Company Must Have

All provisions of Illinois antidiscrimination law are applied to companies with 15 or more employees. Such companies must comply with the Americans with Disabilities Act, the genetic Information Nondiscrimination Act, and the Age Discrimination in Employment Act (ADEA). It is mandatory for companies of all sizes to pay men and women equal for the similar amount of work under the Equal Pay Act.

Companies having 4 or more employees must adhere to all provisions of the Immigration Reform and Control Act, which protects employees against discrimination on their citizenship status basis. Even employers of one or more workers must adhere to all provisions related to sexual harassment, pregnancy discrimination, and disability discrimination.

What Makes You Eligible for Employment Discrimination Claim

To establish a claim of employment discrimination against your employers, you have must have been subjected to one or more of the following circumstances:

• You belong to a minority group at your workplace

• The employer changed your duties to your disadvantage

• The employer fired you, although you were adequately performing your job

• You are being treated differently than others

• Someone outside your minority group was hired in your place

• Someone outside your minority group was not fired under similar circumstances

• No giving legal entitlements due to any medical condition or injury such as leave or pay

Contact an Employment Discrimination Lawyer Today

Employment discrimination cases are quite common in Illinois. If you think you are a victim of any sort of employment discrimination at your workplace, then you should get in touch with an experienced and qualified Roselle employment discrimination attorney to help you build your case. Contact the Law Office of Michael T. Smith if you like to consult a professional lawyer.

A lot of people prefer to work during their cancer treatment, or go back to their jobs after they have recovered from the terrible disease. The decision to work during or after cancer treatment is influenced by many aspects such as the financial resources, health stability, progress of your recovery, and the type of activities involved in your job.

However, when such people go back to work, they face subtle or sometimes obvious discrimination at the workplace. For example, the employer or supervisor may assume that the medical condition of the employee has probably affected their performance or they have become less productive. Such assumptions lead to different types of discrimination, such as:

• Considering other candidates for a new position

• Demotion without a proper reason

• Withholding a previously lined up job promotion

• Restrictions in terms of flexibility for taking time off during work hours or taking days off for medical treatment and doctor appointment.

If you are being mistreated or discriminated at your workplace because you are a cancer patient or survivor, you should know about the laws that protect you and your employment.

Laws Protecting Cancer Survivors against Discrimination

The Family and Medical Leave Act of 1993 (FMLA)

According to the FMLA, an employee can take time off for tending to their ailment or to care for a parent, child, or spouse. The employee is entitled to receive:

• 12 weeks of unpaid leave

• The option to use sick and vacation leaves during family or medical leave

• Continued employment benefits during leave

However, the FMLA is applied to organizations that have more than 50 employees.

The Americans with Disabilities Act (ADA)

The ADA prohibits a few kinds of workplace discrimination by employment agencies, labor unions, and employers against people who have had or still suffering from cancer. This act also covers employees of local and state government, Congress, and federal agencies. However, the ADA is applied to private employers that have 15 or above employees.

The Federal Rehabilitation Act

This act prohibits discrimination against employees with disability. All the employers who receive money, contracts, or equipment from the federal government are covered by the Federal Rehabilitation Act regardless of the workforce size.

The Genetic Information Nondiscrimination Act (GINA)

GINA forbids employers from terminating employees or making changes to their duties on the basis of their genetic information. It also prohibits them from requesting their employees to provide their family’s genetic information.

What Job-related Tasks are Covered by the Law?

Almost all job-related tasks are protected from discrimination by the state and federal laws, such as:

• Terminating an employee;

• Not hiring a person for an internship, job, or training program;

• Screening out disabled workers

• Punishing a worker for registering a discrimination complaint;

• Providing unequal working conditions, pay, and benefits such as health insurance, vacation time, and pension.

Contact an Employment Discrimination Lawyer Today

People suffering from cancer or the ones recovering from it are mostly subjected to discrimination at their workplace. But things don’t have to and shouldn’t be this way. You should talk to an experienced Roselle employment discrimination attorney to discuss your case and evaluate your legal options. Contact the Law Office of Michael T. Smith today for a consultation.

If you have been fired recently or treated unfairly at your workplace for asserting protected rights, you may be eligible to file a lawsuit against your employer for retaliatory discharge. You may be confused and have several questions about your situation. Here we have answered some of the most common questions clients ask to our employment law attorney regarding retaliatory discharge:

Q: If my employer retaliates against me, what protection do I have?

A: Several federal and state laws prohibit employers from engaging in a retaliatory activity for doing something that is protected by law. You can report your employer’s retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or Illinois Department of Human Rights (IDHR) by yourself or with the help of an attorney within the statutes of limitation.

Q: What do I need to prove that my employer retaliated against me?

A: To prove a retaliation claim, you must be able to show that:

• You were engaged in a protected activity

• Your employer has taken an adverse action to punish you

• The adverse action was taken because of your participation in the protected activity

If you can prove all these things in court, you may be able to win the retaliation claim and receive compensation for your damages.

Q: What damages can I receive compensation for if I win the retaliatory discharge claim?

A: You may recover the following damages from the retaliatory discharge claim:

• Punitive damages

• Future wages

• Emotional distress and mental anguish

• Back pay

• Attorney’s fees

Q: What are some examples of retaliation by an employer?

A: Some examples of activities considered as retaliation by the EEOC are:

• The employer engaged in physical or verbal abuse

• The employer reprimanded the employee

• The employer gave an unfair performance evaluation that was unjustified

• The employer shifted the employee to a different, less desirable position/department

• The employer increased scrutiny

• The employer made the work difficult for the employee

• The employer threatened the employee that they will be fired or actually fired them

Q: Should I consult with an attorney if I am fired for exercising my rights or engaging in a protected activity?

A: Yes. Working with an experienced attorney can dramatically increase your chances of winning the retaliatory discharge claim against your employer. They are well-versed in state and federal laws and know how the legal system works. They will guide you through the process, help you understand your rights, and strive to get the most favorable outcome for your case.

Talk to an experienced Roselle wrongful termination attorney to discuss your case and know how you can protect yourself from the retaliation of your employer. Contact the Law Office of Michael T. Smith today for a consultation.