Know Your Rights, Your Obligations And Your Options

Civil Rights Act

Prior to 1964, many employers discriminated in hiring based on race and gender. However, in 1964, President Lyndon Johnson signed into law Public Law 88-352. This bill prohibited discrimination in most workplaces on the basis of race and gender. The original bill was limited to discrimination in hiring, firing and promoting. Subsequent bills, which were passed much later included language that stated certain practices were illegal including “race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment”. Since 1964, all of these rules have been enforced by the Equal Opportunity Employment Commission (EEOC).

Some Employers Remain Exempt, But State Laws May Help

For those who believe they have suffered work-related discrimination, it is important to note that some employers remain exempt from these rules. Private sector employers with fewer than 15 employees who work fewer than 20 weeks per year need no comply with the civil rights act pertaining to workplace discrimination.
But many states, including Illinois, have anti-discrimination statutes that apply to all employers, regardless of size.

Protections In Place Today

Employees may not be subjected to any form of harassment or sexual harassment in the workplace based on the civil rights act. In addition, hiring decisions cannot be based on age, disability, sex, sexual orientation, national origin, religion or whether or not a woman is or may become pregnant. Prior to the civil rights act, all of these were valid reasons for an employer to not hire a person. Today, hiring and firing practices must be the same for every person who comes through the door.

Age Discrimination: Still Alive And Well

Many people over 40 will still point to instances where they felt they were passed over for hiring or promotion based solely on their age. While this type of discrimination was strictly prohibited by the civil rights act, the fact is that it is difficult to prove. Many employers prefer a “younger” workforce and many of them do not understand the portion of the law that applies to age discrimination. The civil rights act was clear; an employer is not allowed to make a hiring decision, a decision about promotions or a decision about firing based solely on the age of the employee. The federal Age Discrimination in Employment Act is very specific and applies only to employees who are age 40 or over, as does the Illinois Human Rights Act.  Other states’ laws may protect younger workers from age discrimination, too

Other Forms Of Discrimination

For as much good as the civil rights act has done for employees, many people still face discrimination in the workplace. Harassment and sexual harassment occur in the workplace at alarming rates. Today, LGBT employees often face various forms of harassment in spite of these protections. Women are often hired at different rates of pay then their male counterparts. In some cases, employees report discrimination and face retaliation as a result of those reports. These are all illegal forms of discrimination.

Employees Have Right To Redress

Most employers and employees have what is considered “at will” employment. This means that employment may be terminated at any time for any reason. However, some employees are terminated based solely on discriminatory measures such as their age, gender or sexual orientation. In these cases, an employee has every right to work with an employment discrimination attorney to help them address their concerns and issues and hold the employer accountable. Workplace discrimination rules have been in place for more than five decades. However, this has not stopped all forms of discrimination.

Contact An Employment Lawyer

If you believe you have been discriminated in the workplace it is important to know what your rights are and what redress you have. Contact The Wood Law Office, LLC at 312-554-8600. We can help protect your rights and help you understand what options are available to you under the law.