If you believe you are being discriminated against, sexually harassed, or have been wrongfully terminated by an employer you may need to see a lawyer. However, it is very important that with respect to matters of discrimination or harassment that you consult with a lawyer who has experience in employment law. An attorney unfamiliar with employment discrimination litigation can destroy a claim before it even gets started.

The first thing to understand with litigating employment harassment or discrimination claims is that these types of claims are subject to the Title VII of the Civil Rights Act of 1964 and, in Illinois, are controlled by the Illinois Human Rights Act. These laws provide very specific guidelines which control how harassment/discrimination cases must proceed. Failure to follow these guidelines can result in your case being thrown out of court before you even get a chance to litigate.

Before you can file a discrimination lawsuit you MUST file a complaint with the Illinois Department of Human Rights within 180 days of the discriminatory activity or, within 300 days with the Equal Employment Opportunity Commission. If you fail to file a complaint with one of these agencies within the timeframes described, YOUR CASE WILL BE DISMISSED.

Once you have filed your complaint with either the IDHR or EEOC, you will have a hearing and a chance to present your case before this administrative agency. Additionally, your employer will also be notified that a complaint or “charge of discrimination” has been filed. Do not be intimidated by the notification to your employer. Once you have filed your complaint your employer may not retaliate against you.

The EEOC or IDHR have the discretion to hold an investigation and collect evidence. At the end of the investigation the agency may litigate your claim on your behalf, or (more commonly) issue you what is called a “Right to Sue” letter. The Right to Sue letter verifies that you have satisfied certain administrative requirements necessary to sue an employer for discrimination. You cannot sue until you’ve been given a “Right to Sue” letter.

Once your Right to Sue letter is issued you have 90 days to file suit. This is a very hard deadline. If you file suit 91 days after receiving the letter, your case will be dismissed.

Employment cases generally, and discrimination cases specifically, involve extremely technical areas of law. Failure to understand these technicalities can result in a good case being dismissed.

When you are selecting an attorney to handle an employment matter, MAKE SURE that the attorney has handled employment cases before. Not all lawyers have experience in the employment law area. A very talented personal injury lawyer can destroy a good discrimination case by simply not knowing the laws that control discrimination cases.
If you have concerns about an employment matter, please consult with an experienced employment lawyer. Please contact Short and Daugherty, P.C. at 618-254-0055.