Workplace Discrimination Lawsuit in Illinois

The first three things that come to mind when we hear the word "discrimination" are race, class, and gender. There is still an ongoing debate whether discrimination still exists in modern society. Some people say that discrimination has ceased to exist in well-developed nations as shown in the equal opportunities available for people from all walks of life. But there are those who firmly believe that white supremacy, social status, and patriarchy have yet to be fully eradicated to ensure that minorities such as the Blacks, the poor, and women live in a just society.

Business or the workplace in particular is a common venue where discrimination exists. Ideally, employment decisions such as hiring, firing, and promotion are evaluated based on performance. As in most other states it is illegal in Illinois to base employment decisions on "protected classifications". Protected classifications pertain to race, class, gender, nationality, religion, age, and disability.

In Illinois, the requirement is that a company consists of 15 or more employees are subject to anti-discrimination laws. First one is the Americans with Disabilities Act, a law that prohibits discrimination of people who are handicapped. The second one is the Age Discrimination in Employment Act which prohibits the discrimination of people who are 40 years of age and above. This particular act applies to companies which consist of 20 people or more. Third is the Immigration Reform and Control Act which prohibits any form of discrimination based on nationality. This is applicable to companies which consists of four or more people. Lastly, all companies should abide by the Equal Pay Act which means equally paying employees for equal work.

The most common workplace discrimination lawsuit filed each year is the wrongful termination lawsuit. The challenge of the plaintiff and his or her civil rights lawyer is to prove that the employment decision was based on discrimination and not performance. It is tricky to prove your case because sometimes there is much subjectivity involved especially when emotions are concerned. What this means is that sometimes an employee may base his or her complaint from feelings alone. You need more than gut feeling to prove your case.

Based on Paul Tobias and Susan Sauter's Job Rights and Survival Strategies, there are two kinds of evidence that will help you prove your workplace discrimination case. First is direct evidence. This usually comes in the form of verbal statements and written documents from your employer which directly indicate that you were fired because of your old age. Age here is an example of a protected classification. Second is circumstantial evidence. Direct evidence maybe the best way to prove discrimination but it is also relatively hard to produce. Supervisors are surely keen in protecting their own integrity by denying that discrimination happened. Thus it is far from their concern to testify for your case. It is then important that you gather as many circumstantial evidence as possible.

Based on the McDonnell-Douglas Test, an affirmative response to all these four questions can help assess a solid circumstantial evidence for your case:

- Are you a member of a protected class? Let's say we are talking about disability discrimination, you should be disabled to quality as a member of that protected class.

- Were you qualified for your position? Let's say it was an engineering position, are you a licensed engineer?

- Did your employer take severe action on you? Were you terminated or demoted?

- Were you replaced by someone who does not belong to your protected class? Say for example, were you replaced by a man or a young person? (for gender and age protected classes)

Here are additional questions to help you in your case...

- Were you treated differently compared to a colleague who is not within your protected class?

- Are there noticeably fewer employees of your protected class who works in the company? - Did the employer retain less qualified employees who don't belong to a protected class?

- Did your supervisor or big bosses frequently say derogatory comments about you and the members of your protected class with regards to work?

- Are there instances when the employer practices favoritism towards a certain group?

- Have you noticed if there were employees within your protected class who also complained about discrimination?

Questions like this help isolate the discrimination towards a certain protected class will be helpful in proving your case. However just like any kind of civil rights lawsuit it is always better to consult a reputable Illinois civil rights attorney to represent you. It is even advisable if they are experts on workplace discrimination. Since there are so many different types of employment lawsuits, there is no simple formula for calculating appropriate damages. Typically, an employee is entitled to lost wages for the period in which he or she was unemployed, and the difference in wages if the employee was only able to secure a lower paying job. In addition, an employee may be entitled to compensation for pain and suffering, and exemplary or punitive damages if the employers actions were particularly egregious.

J.A. Castillo is a legal researcher who writes informative articles on workplace discrimination and civil rights violations. For information on Illinois civil rights attorneys, please visit Dolan Law Offices now.

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