Anti-Discrimination Laws in Illinois
There are anti-discrimination laws that apply to Illinois businesses. These are in place to ensure that every worker is equally protected.
Filing a Charge of Discrimination
There are governmental agencies responsible for determining and enforcing employment discrimination laws in Illinois. You can file your complaint with the EEOC office or the Illinois Department of Human Rights or other governmental agencies.
It is not legal for your employer to retaliate against you for filing a discrimination claim. However, for this legal protection, you must be able to prove your employer is retaliating against you due to your complaint.
Disability Rights & Medical Accommodations
The Americans with Disabilities Act (ADA) prohibits employers from discriminating in employment against a qualified individual with a disability. The ADA requires covered entities (15 employees or more) to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship. The duty to provide a reasonable accommodation applies to both employees and applicants for employment. To be deemed a “qualified individual” under the ADA, the employee must be able to perform the essential functions of the job with or without a reasonable accommodation.
The ADA does not require the employer to provide the employee with his or her preferred accommodation, but it must engage in the interactive process, meaning it must work together with the employee to come up with an accommodation.
An employer cannot retaliate against an employee or applicant for asserting his or her rights under the ADA, including a request for an accommodation.
The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. To be deemed eligible, the employee must:
- Have worked for their employer at least 12 months;
- Have worked at least 1,250 hours over the past 12 months; and
- Work at location where the employer has 50 or more employees within 75 miles.
The 12 weeks can be taken continuously or on an intermittent basis—depending on the reason for the leave. In addition to taking FMLA leave for him or herself, the employee can also seek leave for a spouse, son, daughter, or parent who has a serious health condition.
It is unlawful under the FMLA for an employer to interfere with, restrain, or deny the exercise of or attempt to exercise any right under the FMLA. Similarly, the employer cannot retaliate or discriminate against an employee for asserting or seeking to assert his or her FMLA rights.
Please note that in addition to the FMLA, other medical/sick leaves might be available per local ordinance, depending on where the employer is located.
Reach Out to Our Experienced Lawyers Today
If you are discriminated against, it is important that you contact an employment lawyer to avoid waiving the right to bring your lawsuit. All employment lawsuits have a time limitation in which you must either make an appropriate complaint with a governmental agency or to file a lawsuit.
For detailed information regarding your unique situation, call us at (630) 364-4061 today.