Employment Law FAQ
Common questions about discrimination, retaliation, and harassment claims, from an Illinois employment lawyer with 30 years of experience representing employees.
What kind of employment cases do you handle?
I represent employees who are the victims of unlawful discrimination based on race, gender, sexual orientation, pregnancy, age, and disability. I also represent employees who are victims of unlawful retaliation and victims of sexual harassment. I represent employees before the Illinois Human Rights Commission, the EEOC, and in federal court.
My employer is not treating me fairly. Can I sue?
It depends. The law does not require that your employer be fair to everyone. What it prohibits is treating you differently because of a protected characteristic — race, gender, disability, sexual orientation, pregnancy, or age. Separately, an employer cannot fire you because you filed a workers’ compensation claim, and cannot fire you for reporting unlawful activity to a government agency.
How long do I have to file an employment claim?
There are different statutes of limitations under state and federal law. Generally, an EEOC charge may be filed within 300 days of the discriminatory act, whereas under Illinois law you may have up to two years. Because the deadlines differ and the shortest one governs what you can still bring, contact a lawyer promptly rather than assuming which one applies to your situation.
My employer is discriminating against me and making work unbearable — should I just quit?
Talk to a lawyer before you resign. Quitting can significantly weaken a claim, and in most situations you should first complain about the conduct in writing to Human Resources or a manager. That notice gives the employer a chance to fix it, and it creates the record that protects your rights if they don’t.
Will my employer find out I contacted a lawyer?
Not from me. An initial consultation is confidential, and nothing is filed or sent to your employer without your decision to proceed. Many people call to understand their options well before they decide to do anything.
What should I do if I am being sexually harassed at work?
Report it. Follow your employer’s complaint procedure if there is one, and put the complaint in writing so there is a record of what you reported and when. Keep your own copies of anything relevant — messages, emails, notes with dates. Most employers now take these reports seriously, and reporting also protects your legal position if they do not.