Wheaton Employment Law Attorney

The Family and Medical Leave Act protects employees who need time off from work due to their own health issues or the serious health issues of an immediate family member. It also protects parents who need time off to welcome a new child to the household. An employer who is covered by the FMLA cannot take adverse employment action against employees who use FMLA time.

Workers with disabilities and pregnant workers have the right to receive reasonable accommodations. Accommodations are considered reasonable if they are not unduly burdensome for the employer to institute and allow the employee to substantially perform his or her job duties. Employers may decline accommodations that would be excessively costly, would create a safety hazard, or would not enable to employee to substantially perform the work involved.

A whistleblower is an employee who reports his or her employer's unlawful or dangerous practices to the appropriate authorities, which may or may not draw media attention to the issue. Employers cannot retaliate against a whistleblower by taking adverse employment action. Many whistleblowers leave and pursue other jobs voluntarily, but employers may still retaliate by damaging a whistleblower's professional reputation.

There is a lot of misinformation about what a hostile work environment is. This specific legal term refers to a situation where an employee is persistently and severely harassed based on the employee's membership in a protected class. The harassment must be serious enough to interfere with the employee's ability to do his or her job. Harassment that is based on an employee's actual or perceived race, national origin, gender identity, or religion might contribute to a hostile work environment.

A few of the most common types of wage and hour violations include asking employees to work while they are off the clock, asking tipped workers to perform untipped work without paying untipped minimum wage, and not paying overtime wages for hourly employees.

Illinois has very broad anti-discrimination laws protecting workers. Employers in Illinois cannot discriminate based on an employee or prospective employee's actual or perceived:

• Race, color, citizenship status, or national origin.
• Religion.
• Sex, gender identity, or sexual orientation.
• Disability.
• Pregnancy, familial status, or family responsibilities.
• Military or veteran status.
• Conviction history, with some exceptions.
• Age (40 or over).

Adverse employment action cannot be taken against an employee or applicant based on these traits.

Anti-retaliation laws prevent employers from taking adverse employment action against employees who have engaged in certain protected activities that may have been detrimental to the employer. Whistleblowers who report a dangerous or illegal practice, file a Fair Labor Standards Act complaint, or pursue workers' compensation are generally protected from retaliation. Employers should use caution and consult an attorney if they believe they must take adverse action against an employee who has recently engaged in a protected action.