A newly passed law, H.B.1509, recently amended the Illinois Human Rights Act to allow employees to sue employers for discrimination and harassment in state courts. Until now, employees were confined to filing charges either through the federal EEOC or the Illinois Department of Human Rights. The law takes effect in 2008.
Since state courts are less likely than federal courts to dismiss questionable cases, the law will likely mean more jury trials for employers.
- Should we go ahead with layoffs--including someone who complained about harassment?
- Little things can add up to discrimination and harassment
- Be prepared to show business necessity if hiring rule excludes members of protected class
- Check calendar when employee files lawsuit covered by employment agreement
- Boss's verbal gaffe doesn't prove retaliation