Illinois Sexual Harassment Attorney Blog

My Chicago offices gets many calls from employees of companies who happen to be Hispanic and believe they are the victim of discrimination. They usually want to file a racial discrimination lawsuit but I have to tell them that in Illinois the only three categories of race are White, Black and Asian. Does this mean they are out of luck? The answer is no. They can file a complaint with the Illinois Department of Human Rights ("IDHR") for discrimination based on Ancestry. They could also file based on Color or National Origin. So what are the differences of each category? Well, Ancestry refers to the nation, country, tribe or other identifiable group of people from which a person descends. This covers a great deal of items.

National Origin on the other hand is based on ethnicity or accent. And lastly Color refers to the color of a person's skin. As you can see there is a great deal of overlap in all three categories. As an attorney that handles all types of discrimination cases at the IDHR, I can tell you that it is important to have someone with experience on your side. The Chicago office of the IDHR is a very busy place and you don't want your case to get lost in the shuffle. If you believe you are the victim of discrimination and the boss is treating you different at work, call my office to protect your rights.

The Illinois Department of Human Rights ("IDHR") does not consider Hispanic to be a race for the purposes of filing a discrimination claim. The IDHR only considers three races, white, black and asian. The IDHR considers Hispanic people to fall into the white category and therefore in order to bring a discrimination claim you have to claim the discrimination is based on ancestry not race. So a racial discrimination can't be filed for a Hispanic worker. I know this may sound like a minor detail but it is the law in Illinois. My Chicago office represents many hispanic workers and I file often with the IDHR.

It is very important to properly draft the complaint in such a way as to maximize your chances of success. In Chicago there are many cases that the IDHR has to deal with and the better drafted the charge, the better the chances of a smooth investigation. You goal is to maximize your chances of winning and to maximize the money you may receive. Call an experienced trial attorney who concentrates in employment law cases and get the most out of your case.

In Illinois it is a violation of the Illinois Human Rights Act to discrimination against an employee based on their color, ancestry or national origin. Many times a person being discriminated against will not know which of the three apply. There are many nuances to how a claim should be drafted to include all three. The reason for the care in drafting is to include all three claims so that the employer can't escape liability.

It is too bad that companies still have employee that are the victims of discrimination but it will only stop when the companies spend more money on training and properly screen employees. In Illinois the number of discrimination cases seems to be rising and the employees are currently under siege. It is very important to speak with an employment attorney to protect your rights.

Integrated Broadband Services pays $60,000 to settle a national origin discrimination and racial discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a black female Tanzanian network analyst who was fired for leaving work 30 minutes early. To show discrimination the EEOC pointed out that a similarly situated white network analyst received only written discipline after leaving work two hours early and the white worker did it twice in one week.

Many times national origin discrimination can also include discrimination based on ancestry or citizenship status. Both of those categories go unreported many times but they are viable forms of discrimination. Along with the settlement amount the company agreed to terms that include additional training on discrimination and posting anti-discrimination notices.

“The EEOC filed this lawsuit because the difference in treatment between these employees was clear, and a woman lost her livelihood due to this discrimination,” said EEOC attorney Robert Dawkins