Fighting Against Charges of Workplace Discrimination

 Posted on May 31, 2022 in Employment Discrimination

Several years ago, the country exploded with the #metoo movement, triggered by accusations of sexual violence and sexual harassment against producer Harvey Weinstein. The movement led to sweeping societal changes, including many states banning nondisclosure agreements that cover sexual harassment. Illinois passed such a law in 2019

Under federal law, every employee has the legal right to work in a safe and discrimination-free workplace. If an employer fails to provide that environment, the company could face significant penalties. If an employee has accused your company of workplace discrimination, contact an Illinois employment law attorney for legal assistance.

What Is Workplace Discrimination?

The Equal Employment Opportunity Commission (EEOC) is the federal agency that is in charge of enforcing the laws that make it illegal to discriminate against an employee or a job applicant. The laws that fall under the EEOC’s jurisdiction apply to work issues such as benefits, firing, hiring, promotions, training, and wages.

Not only is it illegal to discriminate against an employee, it is also illegal for employers to discriminate against a victim for filing a complaint about discrimination, or for being involved in an investigation or lawsuit about that discrimination.

These federal laws apply to any company that employs 15 or more employees. (The exception to that rule is for cases of age discrimination. In these situations, there typically must be at least 20 employees.)

The types of workplace discrimination that the EEOC is charged to oversee are:

• Age

• Disability

• Equal Pay/compensation

• Genetic information

• Harassment

• National origin

• Pregnancy

• Race/color

• Religion

• Retaliation

• Sex

• Sexual harassment

LGBT Harassment

The EEOC also handles cases of workplace discrimination against victims who are treated unfairly because of gender identity or sexual identity. These protections are covered under Title VII of the Civil Rights Act. It is important to note that these federal protections override any state laws regarding LGBT discrimination.

Penalties

Once the EEOC receives a complaint from an employee, the agency will conduct a thorough investigation and determine if the allegations are true. The EEOC will also determine what “remedies” the employer must provide to the employee. These remedies can include both compensatory and punitive damages. The maximum amount of damages is based on the number of employees the company has:

• If the company employs 15 to 100 employees, the maximum amount of damages is $50,000.

•  If the company employs 101 to 200 employees, the maximum amount of damages is $100,000.

• If the company employs 201 to 500 employees, the maximum amount of damages is $200,000.

• If the company employs more than 500 employees, the maximum amount of damages is $300,000.

Call an Illinois Employment Law Attorney

If a current or former employee has accused your company of some form of discrimination, do not delay in contacting a skilled Schaumburg, IL workplace discrimination defense attorney. Call The Miller Law Firm, P.C. at 847-995-1205 to schedule a free consultation.

Sources:

https://www.eeoc.gov/federal-sector/digest/digest-equal-employment-opportunity-law-75#h_73023205301624465514037

https://www.eeoc.gov/youth/about-eeoc-2

https://www.vox.com/identities/2019/10/4/20852639/me-too-movement-sexual-harassment-law-2019

https://www.ilga.gov/legislation/publicacts/101/101-0221.htm