Does My Employer Have to Accommodate My Disability?

Illinois Attorneys for Disabled Employees

There are many different types of disabilities that can affect people. These may include physical limitations that affect mobility, vision, hearing, or other functions. They may involve health conditions that limit the types of work a person can perform, their ability to travel to and from work, and their ability to communicate with others. However, many people with disabilities can take steps to address these concerns and ensure that they can perform work as required. For those who need to make sure they will be able to perform their duties effectively, it is important to understand what requirements an employer may need to meet to address an employee's disabilities.

If you are disabled, but you are still able to perform the essential functions of your job, your employer is required by law to make reasonable accommodations for your disability. It is generally up to you, however, to request an accommodation. Your employer is then responsible for helping to determine what type of accommodation may be necessary. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can advise you on what steps you can take to address disabilities and accommodations. If you have experienced employment discrimination related to your disability, such as the refusal to provide reasonable accommodations, we can help you determine your options for addressing this issue and ensuring that your employer complies with the law.

What Are Reasonable Accommodations?

There are thousands of disabled individuals in Illinois—and many more throughout the country—who are fully capable of performing a wide variety of jobs. Sometimes, the nature of a disability means that an accommodation must be made to allow the disabled person to better carry out his or her duties. For example, a person whose disability prevents him or her from standing for a significant period of time may still be able to fulfill the duties of a cashier if they are permitted to use a stool.

If you are concerned about how a disability may affect your ability to perform your duties at work, you can request accommodations from your employer. In general, these accommodations must be reasonable, meaning that they will not create an undue financial burden for your employer and will not negatively affect other employees. Ultimately, accommodations should help you perform your duties effectively while protecting your health, safety, and well-being.

Addressing Discrimination Related to Disabilities

It is a violation of state and federal law for an employer to discriminate against you on the basis of your disability. Discrimination may include penalizing you for requesting accommodations or because of your disability. You are responsible for requesting the necessary accommodations. Once you have made your request, it is up to your employer to work with you in what is known as the "interactive process." During this process, your employer will inquire about your disability, gather medical documentation, and determine the accommodations that will best allow you to do your job.

If the employer can show that the accommodation would cause the company undue hardship, based on the size of the business, the costs involved, and other factors, the accommodation may not be considered to be reasonable. An employer is not required to make an accommodation that would cause undue hardship. However, denying an accommodation because it would be inconvenient or firing you because of your disability would likely be considered discrimination.

Contact Our DuPage County Workplace Discrimination Lawyers

If you would like guidance with requesting a reasonable accommodation, if your request for an accommodation has been denied by your employer, or if you have experienced other forms of employment discrimination, contact our office. Call 630-665-7300 for a confidential consultation with an experienced workplace discrimination attorney. Mirabella, Kincaid, Frederick & Mirabella, LLC serves clients in DuPage County, Kane County, and the surrounding areas.

How Do I Know if I Am a Victim of Workplace Retaliation?

How Do I Know If I Am a Victim of Workplace Retaliation?

DuPage County Employment Discrimination Lawyers

Employees may be subject to multiple different types of employment discrimination. They may suffer harm due to unfair treatment because of protected factors such as their race, religion, family status, sexual orientation, age, or disability. While some forms of discrimination are overt, many are more subtle, and in some cases, they may involve penalties for an employee who has engaged in protected activities. This is known as retaliation, and it may involve wrongful termination, demotions, reductions in pay, or other issues that can affect an employee's financial well-being and their overall career.

Workplace retaliation refers to negative actions taken by an employer against an employee who reports or makes a complaint about sexual harassment, discrimination, or other violations of the law. If you were demoted or fired after reporting a problem to your employer, an experienced attorney can help you determine whether you have been a victim of retaliation. Your lawyer can advise you on what steps you can take to respond to retaliation, whether you may be compensated for financial losses or other problems you have experienced, and how you can protect your rights.

Legal Help With Discrimination Cases Involving Retaliation

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that Illinois is an "at-will employment" state, which means that employees can be fired for any lawful reason or for no reason at all. There are, however, certain situations in which an employer cannot fire you or otherwise take negative actions against you. One of these situations is when you have engaged in a "protected activity."

Under Illinois law and federal labor laws, protected activities include:

• Filing a report or complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IHDR);
• Discussing concerns with a manager or supervisor about workplace discrimination, including sexual harassment;
• Participating in an investigation of alleged harassment or discrimination;
• Refusing to follow instructions that would result in discrimination; or
• Requesting reasonable accommodations for a disability or religious practice.

It is important to understand that the law offers the most protection to employees who make specific complaints, reports, or requests. This means that if sexual harassment is an issue in your workplace, you should specify in your complaint that you are being sexually harassed.

Retaliatory Actions

Termination of employment is just one way in which an employer could retaliate against an employee. Other forms of possible retaliation include formal or informal reprimands, artificially lowered performance evaluations, transfers to a less desirable position, increased scrutiny or expectations, and threatened or actual reports to authorities, such as in regard to an employee's immigration status.

To ensure that you will be treated fairly when addressing these issues, it is important to maintain documentation of any complaints you have made to your employer, investigations of sexual harassment or other forms of discrimination, your performance reviews, and any other information that can show that you have experienced retaliation. While an employer may claim that you were terminated or penalized based on poor performance, you may be able to provide evidence to counter these claims and demonstrate that you were penalized for engaging in protected activities rather than for legitimate reasons.

Contact Our Wheaton Employment Discrimination Lawyers

If you have additional questions about identifying and addressing issues of workplace retaliation, contact our office. Call 630-665-7300 for a confidential consultation. Mirabella, Kincaid, Frederick & Mirabella, LLC serves clients in Wheaton, St. Charles, Oak Brook, Naperville, Geneva, and throughout DuPage County and Kane County.

What Is a Protected Class as it Relates to Employment Discrimination?

What Is a "Protected Class" as It Relates to Employment Discrimination?

DuPage County Workplace Discrimination Attorneys

Discrimination in the workplace is an ongoing issue that continues to affect many people. Even though the laws of the United States require everyone to be treated equally, some employers violate these laws and treat certain employees unfairly. They may refuse to hire people of a certain race or religion, pass employees over for promotion because of their gender or sexual orientation, or allow a hostile work environment in which employees are made to feel uncomfortable because of a disability or other factors. Employees who have experienced discrimination will need to understand what steps they can take to address these issues.

There are a number of state and federal laws that are intended to prohibit and police discrimination against individuals with certain identifiable characteristics. Those who share these characteristics are considered to be part of a "protected class" of people. Employment discrimination occurs when an employer treats a member of a protected class differently from their peers. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we strive to fight against employment discrimination and ensure that people in protected classes are treated fairly. We can help victims of discrimination take steps to address the harm they have suffered and require employers to abide by all applicable laws.

What Is a Protected Class?

Protected classes have been recognized by a variety of federal laws, including the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the Americans with Disabilities Act of 1990, among many others. At the state level, the Illinois Human Rights Act established protections for additional identifiable characteristics.

According to these laws, it is illegal and a violation of the person's rights for an employer to make adverse employment-related decisions on the basis of a person's actual or perceived:

• Race;
• Color;
• Religion;
• National origin or place of birth;
• Ancestry;
• Age;
• Sex or gender identity;
• Sexual orientation;
• Marital, pregnancy, or family status;
• Order of protection status;
• Disability;
• Veteran status, including unfavorable discharge; or
• Citizenship status.

Adverse employment decisions include refusing to hire, segregating, compensating, promoting, disciplining, or otherwise affecting the terms and conditions of a person's employment.

Options for Employees Who Have Experienced Discrimination

When a person is subject to adverse employment decisions based on their membership in a protected class, they may file a claim with the Equal Employment Opportunity Commission or the Illinois Department of Human Rights. After performing an investigation, these agencies may take steps to remedy the situation, or they may give the person authorization to proceed with a lawsuit against the employer who engaged in discrimination. A lawsuit may allow a person to recover financial compensation for the losses they experienced due to a wrongful termination or other illegal actions, as well as the ways they have been personally affected, such as the emotional trauma they have suffered. In some cases, an employee may be restored to their proper position, ensuring that they will be able to continue earning the proper income based on their skills and experience.

Contact Our DuPage County Employment Discrimination Lawyers

The U.S. Equal Employment Opportunity Commission and the Illinois Human Rights Commission are responsible for ensuring that all people enjoy the benefits of equal opportunity laws. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are committed to helping those who have experienced discrimination of any kind in the workplace. If you have been discriminated against on the basis of a protected characteristic, contact our office so our experienced team can help you take action. Call 630-665-7300 to discuss your case and explore your available options. Our firm serves clients in DuPage County, Kane County, and throughout Northern Illinois.

Can I Get an Expungement if I Have a Prior Conviction?

New Expungement Law 2017: Can I Get an Expungement if I Have a Prior Conviction?

DuPage County Lawyers Explain New Criminal Expungement Laws

For people with criminal records, expungement can provide a crucial opportunity to clear their name and avoid ongoing consequences. If a request for expungement is granted, criminal records will be erased or destroyed, ensuring that any information about an arrest or criminal case cannot be accessed by people performing background checks. While expungement is generally only available in certain situations, including when criminal charges against a person were dismissed or they were acquitted following a trial, it can ensure that the accusations made against a person or the details of a criminal case will not be made public.

In the past, the state of Illinois made it difficult to receive expungements in certain situations. However, the laws have been updated to expand eligibility for expungement and ensure that more people are able to move forward from past mistakes and avoid issues that may make it more difficult to find jobs or housing, pursue education, and receive financial aid.

In 2017, Illinois law changed in regard to expungement. Under the current laws, if you wish to expunge a case from your criminal record, but have a prior conviction or convictions, you potentially have the opportunity to petition to have an eligible offense expunged. Even if certain convictions that took place in the past may still show up on your record, the ability to expunge more recent records can ensure that you will not be unfairly penalized for arrests or charges that did not lead to convictions. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can examine your case and help determine if this is the best plan of action for your situation. We will guide you through the process of applying for expungement while advocating on your behalf during all required legal proceedings.

Expanded Eligibility for Expungement

Before 2017, Illinois law stated that if you had any prior convictions that are not minor offenses (such as traffic offenses) you would not be permitted to expunge any new cases from your record. This method was very much an "all or nothing" way to handle cases, which made it difficult for any repeat petitioners who may have deserved to have a new case expunged. The current laws have provided more opportunities for those with criminal records to receive relief if they have an expungeable offense.

Does the Expungement Law Affect Juvenile Cases?

The Juvenile Court Act of 1987 was also amended in 2017. The current laws have expanded the opportunities available to juveniles who have criminal records for nonviolent offenses. In the past, only a select set of cases were eligible for expungement, and any expungements had to wait until a juvenile offender reached the age of 21. The expungement process for juvenile offenders has been sped up, and expungements will typically be available as soon as proceedings have concluded.

Contact Our DuPage County Expungement Attorneys

There are a great number of other details that can affect expungement cases for both adult and juvenile offenders who have criminal records. Even in cases where expungements will not be available, a person may have the option to seal their criminal record and prevent people from accessing information about previous convictions. At Mirabella, Kincaid, Frederick & Mirabella, LLC, you can contact us to set up an appointment where we can explain what you need to know regarding your case. We have helped clients for a number of years in DuPage, Kendall, and Kane Counties. Do not hesitate to call our offices at 630-665-7300 to learn more about how we can help you address issues related to your criminal record and ensure that you can receive a fresh start.