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Illinois Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: In the state of Illinois, if your employer pays employees based on position, can they hire someone for a position

And pay them more than the guy already doing the job without raising the other guys pay?

James G. Ahlberg
James G. Ahlberg answered on Aug 22, 2019

As a general rule, yes, they can unless there's a contract (such as a union contract) providing otherwise.

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: What are the qualifications for pro bono case?

Employee law help.

James G. Ahlberg
James G. Ahlberg answered on Aug 5, 2019

The willingness of a lawyer to handle a case for nothing. That's it.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: I asked for a reasonable accommodation for a disability at work, was denied and later reprimanded is that discrimination

A new requirement was added to my responsibilities, I asked for an accommodation for my disability, was told no, and if I couldn’t complete it without an accommodation it would effect my employment... asked again 6 months later, was told no again and that “I just didn’t want to do it” and... Read more »

James G. Ahlberg
James G. Ahlberg answered on May 10, 2019

There is no way to answer your question effectively without an appointment (typically several hours long) reviewing the facts and any documents you can supply, investigating the medical condition that causes you to seek reasonable accommodation, etc.

2 Answers | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Last Wednesday I was told my job was eliminated. Is there any protection for older citizens?

I was told in November that we would have new phrases of development that I could help with. Now my boss said I do not have the knowledge. He asked me two weeks ago when I was planning on retiring. I have been with a company for 32 years and will be turning 64 in June.

James G. Ahlberg
James G. Ahlberg answered on Apr 30, 2019

Yes. If you are 40 years of age or older there's the possibility you are being discriminated on the basis of age. Make an appointment with an attorney who handles discrimination in employment cases as soon as possible. Bring as many pay stubs as you can gather for the past year, a copy of the... Read more »

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1 Answer | Asked in Employment Discrimination for Illinois on
Q: Is there any Illinois law that states that support personnel (admins or exec. asst) must be hourly or non-exempt status?

Recently had a work from home policy go into effect but is only allowed for exempt employees. The claim by management is that admins and support personnel, must by law, be non-exempt and are therefore ineligible for the work at home program.

Cynthia Pietrucha
Cynthia Pietrucha answered on Jan 31, 2019

From a legal perspective, "Work from home" policies are typically looked upon as completely discretionary by your employer. The only exceptions might be if you benefit from such arrangement because you have a disability and are in need of a reasonable accommodation.

Working from home has...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Illinois on
Q: Is there anything else I can do if I was unlawfully terminated in was able to disprove the reasons they claim?

I worked at this place for almost a year and loved it. When the site director changed she didn't like me very much and bullied and harassed me trying to get me to quit and when I didn't she fired me. The initial reason she fired me was false and I was able to prove that, so she came up with... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Jan 7, 2019

I'm sorry to hear about your termination. As many answers to legal questions, the answer here is: It depends.

Illinois is an "at will" employment state, which means an employer can get rid of you as long as they are not violating a policy, contract or law.Employment terminations can be...
Read more »

1 Answer | Asked in Employment Discrimination for Illinois on
Q: Do you handle teacher rights cases when they are being subjected to harassment and unfair treatment?

A tenured teacher under pressure of health issues and a bi-polar daughter who has attempted suicide is unduly pressured to provided detailed differentiated Physical Education lesson plans for K-5 graders that are never acceptable. She is accused of having problems with parents/teachers and staff... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Dec 14, 2018

In Illinois, terminating a public tenured teacher is a complicated process and usually requires due process via a hearing. This can involve hundreds of pages of paperwork, strict deadlines and appeal rights.

If she is in danger of being terminated, she should notify her union (where...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: An employee on FMLA is charged with AWOL with doctor documentation for days charged. Is this a violation of FMLA?

I was written up and suspended for AWOL charges because my manager claims I didn’t call and leave a message on the dates I was written up for even though I presented my call logs that showed I did call.

Cynthia Pietrucha
Cynthia Pietrucha answered on Dec 5, 2018

This behavior could be perceived as FMLA interference, an attempt to discourage you from using FMLA in the future.

The FMLA’s “interference” provision states it is “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise” any...
Read more »

1 Answer | Asked in Employment Discrimination for Illinois on
Q: I worked in Kansas and I currently live in Illinois I filed a complaint with the EEOC in Kansas and received a right to

sue letter I'm looking for pro bono lawyer. Do I look in Illinois or Kansas?

Ethan White
Ethan White answered on Nov 19, 2018

You could likely file in the Federal district court of either state, but there is a strong possibility it would get transferred from Illinois to Kansas since that is where the events occurred and where many witnesses will reside. Good luck.

1 Answer | Asked in Employment Discrimination for Illinois on
Q: My boss only hires young women for my company even though men interview, too.

How do I know if it's just coincidence or if it's gender discrimination?

Ethan White
Ethan White answered on Oct 30, 2018

Unfortunately, the simple answer is you probably don't know without more evidence. In a lawsuit, your lawyer would take discovery from the employer through written questions and depositions. If you could prove a repeated pattern where two candidates are exactly the same, except for their gender,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
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.

Ethan White
Ethan White answered on Oct 30, 2018

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Hello, I work for Great Wolf Lodge in Gurnee. They just opened, and I want to know if I can sue? And need help doing so.

Hello, I work for Great Wolf Lodge in Gurnee, IL. It just opened&I hate it. I am scheduled 9am-5pm, due to lower occupancies in the hotel they've been wanting us to clock out immediately. I am a housekeeper, we get about 2-5 rooms to clean, so I only get about 20 something hours a week. They've... Read more »

Ethan White
Ethan White answered on Sep 17, 2018

Keep in mind that Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all, unless it is for an illegal reason, such as your age, race, religion, etc. But that means they likely could legally fire you for complaining about your... Read more »

1 Answer | Asked in Employment Discrimination for Illinois on
Q: I have a wrongful termination inquiry. I was fired today with no justified reason. Please advise.

This company in my short tenure. I have seen people quit and get fired for no reason. Their Glassdoor page is filled with accurate accounts of what happened to me today. I was told I was fired because I wasn't happy. Not performance issues at all. They want me to sign a non disclosure in order to... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Sep 6, 2018

I'm sorry to hear about your situation. In Illinois, most employees are "at will" which means a company can fire you for any reason at any time - and you can also quit for any reason at any time.

Technically firing you for not being happy is perfectly legally, although very unfair,...
Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Illinois on
Q: I had a harassment claim filed against me by a coworker after she received a bad performance review.

I was told by the department supervisor that he was giving the employee a bad review with the intention of her quitting or her becoming hostile and leading to her termination. That was a breach of confidentiality on his part. The employee then accused a coworker and I for influencing the supervisor... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 13, 2018

You need to contact an attorney in your area who practices in the field of employment law as soon as possible. Explain your situation to him or her. Bring every document you have to the first appointment, including particularly any paycheck stubs or payroll information you have for the past year or... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Business Law for Illinois on
Q: what can I do for the employee I had terminated leave for good?

I had terminated an employee from my business and he refuses to leave. He still stays he’s the general manager.

James G. Ahlberg
James G. Ahlberg answered on Aug 9, 2018

Order him ro leave. If he doesn't, call the police.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Is it illegal for an employer to demote and lower pay of an employee because of medical problems or conditions?
Cynthia Pietrucha
Cynthia Pietrucha answered on Jul 6, 2018

This is not an easy "yes" or "no" answer. It depends on the nature of the medical problems and the tenure of the employee. The FMLA is a federal law that protects employees who have worked for a minimum of 12 months, whereas the ADA is a federal law that protects all employees with disabilities... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: It is legal for an employer to demote an employee form a position and lower pay because of medical issues
James G. Ahlberg
James G. Ahlberg answered on Jun 27, 2018

There are too many variables to answer this question. For example: if you work with patients in a medical facility and your medical issue is a highly contagious disease, the employer would be justified in re-assigning you to a desk job with no patient contact; if your work in a manufacturing... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Got hurt at work on feb 13th, got fired on march20th for no call/no show while being hurt. Do I have a case?

Workers comp claim was submitted the week after I was hurt.

James G. Ahlberg
James G. Ahlberg answered on Mar 31, 2018

It depends. If your doctor had you off work (or had given you work restrictions the employer was unable to meet) and the employer was aware of this on the day you were fired, you may have a case for wrongful termination of employment in addition to your workers' compensation case. On the other... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: Can my boss fire me for pointing out hazardous working conditions?

I pointed out that black mold is hazardous to your health and had not been cleaned up completely.

Faraz Nayyar
Faraz Nayyar answered on Mar 5, 2018

You may have a claim for retaliatory discharge or a claim under the whistleblower act. But full details and a consultation with an employment attorney is required. Also, it is hard to tell from your description if you have been fired or fear being fired. The analysis changes with these types of... Read more »

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