The ABCD's of Employment Discrimination
Illinois is an at-will employment state. Generally, an employer can terminate an employee for any reason, or no reason at all. But, under federal law if an employer ADVERSELY treats an employee because of their BACKGROUND when COMPARED with other employees then the employee is entitled to DAMAGES.
A: AdversityThere must be some form of reasonably unfavorable treatment by the employer such as a denial of a promotion, suspension, termination, ect.
B: Background ProtectedEvery employee as several protected backgrounds under the law. This includes: race, gender, national origin, and religion.
C: Comparable EmployeesFederal law says that if employees of different backgrounds were in similar situations compared to your situation, but did not receive the same severity of adverse treatment as you then the employer has violated law. Example: Cashier A is a female. Cashier B is a male. Both cashiers have accumulated several tardies, and missed a day of work. If the store fires either cashier without firing the other, then the fired cashier has a claim against the store for employment discrimination.
D: DamagesIf an employer has unlawfully discriminated against an employee then the employee may be entitled to damages that include: reinstatement, lost pay, costs, and attorney fees.