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Discrimination Law

Discrimination Law involved the federal and state laws enforced by EEOC and IDHR, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. 

Proving Your Discrimination Case

Federal, state, and local laws prohibit employers from making decisions based on the protected categories. Proving discrimination may feel like a difficult task for an employee, but courts recognize that discrimination can be proven in many different ways. Both direct evidence, such as a admission of discrimination, and indirect or circumstantial evidence can be used to proof discrimination. In some cases, the merely the presence of an adverse employment action can be enough to show discrimination.

 Retaliation Claims and Discrimination

Title VII Discrimination

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ADA Discrimination

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FMLA Discriminiation

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ADEA Discrimination 

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You may have a claim for illegal discrimination if you were not hired, or were terminated, demoted, passed over for a promotion, denied an increase, a bonus, training or other benefits, subjected to unwarranted discipline, or were otherwise subjected to less favorable treatment in the workplace based on one of the following protected classes:

  • Gender

  • Sexual orientation

  • Pregnancy

  • Race/color

  • National origin

  • Age

  • Disability

  • Religious belief

The term "discrimination" means less favorable treatment because of a person's gender, sexual orientation, pregnancy, race, national origin, age, disability or religious beliefs. Discrimination may occur when an employer makes decisions on hiring, promotions, pay rates, benefits, job assignments, training, and discipline.

Retaliation against an employee for complaining about or reporting discrimination is against the law. The law forbids employers to retaliate against an employee. If you have complained about your employer is treating you or fellow employees, and after you complained, your employer demoted or terminated you, or diminished your compensation and/or benefits, you may have a claim for retaliation both under Title VII and also possibly under the NLRA. Under Title VII, to prove a claim of retaliation, you must prove that you suffered an adverse employment action because you complained about or reported what you reasonably believed was discrimination.  Under the NLRA, all employees are protected against an employer interring with their right to engage in concerted activities for the purpose of  mutual aid or protection. The NLRA may protect you even if you are not in a protected class.  

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