The word “discrimination” is almost always immediately associated with the words race, class, and gender. The question of whether discrimination still exists is an ongoing debate in our society. Some of us claim that in well-developed countries equal opportunities have already paved its way to cater to all kinds of people regardless of race, class, and gender. Others contend that there are still existing forms of discrimination that affectminorities such as the poor, Blacks, Asians, Mexicans, gays, and women.
The workplace is one example of venues where discrimination may happen. Employment decisions which include hiring, firing, and promotion should be assessed based on the person’s skills and abilities rather than his or her “protected classification”. A protected class refers to the distinctive category of a person based on his or her race, class, gender, age, nationality, and disability. Just like most states in the US, Illinois prohibits employment decisions that are based on protected classifications.
In Illinois, the companies subject to anti-discrimination law are those which consist of 15 or more employees. This goes the same for the Americans with Disabilities Act, a law that prohibits discrimination based on disability. The Age Discrimination in Employment Act prohibits discrimination against people who are 40 years old and above. This applies to companies which consist of 20 employees or more. Companies which consist of four or more people must abide by the Immigration Reform and Control Act which prohibits discrimination based on the employee’s nationality. Lastly, all companies should comply with the Equal Pay Act by paying its employees equally for equal work.
Wrongful termination lawsuit is one of the most common workplace discrimination lawsuit filed each year. 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.
Using the McDonnell-Douglas Test, an affirmative answer to all these four questions can help evaluate a solid circumstantial evidence for your case:
– Are you a member of a protected class? Let’s say we are talking about age discrimination, you should be 40 years old or older to quality as a member of that protected class.
– Were you qualified for your position? Let’s say it was a lawyer position, are you a bar exam passer?
– 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)
These are additional questions which may also help you prove your case such as…
– 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 these help isolate discrimination towards a certain protected class and will be helpful in clarifying and 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. There are lawyers whose expertise is 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.