East Alton, IL asked in Employment Discrimination and Employment Law for Illinois

Q: Can an employer suggest to an employee to waive their protected class rights?

employer has offered better benefits(pay, promotion, hours,etc) if i waive my primary reasonable accommodations that allow me to work productively and safely. not sure if they could prove undue hardship considering they allow poor performers to obtain better benefits.

1 Lawyer Answer
Ethan White
Ethan White
  • Employment Law Lawyer
  • Oak Brook, IL

A: Under certain circumstances, you could possibly waive your right to recover damages (typically money) from a disability related discrimination/retaliation claim. Generally, however, you cannot waive your right to at least bring that kind of claim with the EEOC or state agency. So to put it another way, you usually cannot waive your right to bring the claim, but if you win you may not receive any benefit from the victory, because of your waiver. I hope that helps and good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.