FILING A CHARGE: MY EMPLOYER WILL FIRE ME

Whether an employee complains to his or her supervisor, files a charge, sues, testifies, or otherwise becomes involved in an on going discrimination or harassment lawsuit, one concern is always prevalent: "My employer is going to fire me." This concern is an obvious reaction of an employee who often feels "Goliath" can do whatever it wants. To help alleviate some concern, however, an employee should know that an employer CANNOT do whatever it wants.

The laws enforced at both the Illinois Department of Human Rights and the Equal Employment Opportunity Commission as well as other entities charged with investigating or adjudicating claims make it illegal for an employer to fire, demote, harass, or otherwise "retaliate" against an individual because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination or harassment on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit). For example, it is illegal for an employer to refuse to promote an employee because he or she has filed a charge of discrimination with the IDHR or EEOC, even if the IDHR or EEOC later determine that no discrimination occurred in the first place.

The law strictly forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.

Since employers rarely admit retaliation, employees must prove that there is a connection between their protected conduct and the employer’s adverse action. Employees can prove a connection with evidence of:

• the lack of an investigation into the employee’s complaint,
• unequal treatment of the complaining employee;
• an adverse action close in time to the protected conduct;
• a pattern of adverse actions and even outright hostility over time towards complaining employees; or
• a bogus explanation for the employer’s adverse action.

The law of retaliation is a complex area that is often the focus of intensive, complicated, and dense litigation. As such, if you or someone you know feels they have been a victim of retaliation, please contact Asonye & Associates as soon as possible for a no cost consultation over the telephone.