1. Our clients’ rights in the workplace
Employment Law
Our clients’ rights in the workplace

2. Generally 3 kinds of rights
Discrimination/Retaliation
Leave
Wages

3. Discrimination and Retaliation
Federal, state, and municipal prohibitions
Race (and color)
National origin (and ancestry)
Age (40 and older)
Sex (including sexual harassment, pregnancy, and sexual orientation in our federal circuit)
Religion (including reasonable accommodation)
Disability (including reasonable accommodation)

4. Discrimination and Retaliation
Illinois (and municipal) prohibitions
DV/SA victim status
Gender identity
Marital status
Parental status
Source of income
Military discharge status
Housing status
Citizenship status
Arrest record
Order of protection status

5. Retaliation Prohibition in anti-discrimination laws themselves
Additional Illinois protections
Whistleblower statute
Complain externally
About something illegal or contrary to public policy
Common law retaliatory discharge
Complain internally (or externally)

6. Leave of absence (Federal)
Family and Medical Leave Act (FMLA)
Up to 12 weeks within 12 months, unpaid
1 year and 1250 hours
50 employees within 75-mile radius of employee
Serious health condition
Americans with Disabilities Act (ADA)
Reasonable accommodation (recently very limited by Seventh Circuit)

7. Leave of absence (State)
Illinois Human Rights Act (IHRA)
Illinois Victims’ Economic Security and Safety Act (VESSA)
Up to 4, 8, or 12 weeks (depending on size of employer – 1-14, 15-49, 50+) within 12 months, unpaid
Related to abuse
Illinois Employee Sick Leave
Employer with sick leave policies must allow employees to use that time to care for family members
Illinois Child Bereavement Leave
Employers with at least 50 employees must allow 2 weeks unpaid leave for the death of a child (6 weeks for more than 1 child)

8. Leave of absence (State; cont.)
Cook County Mandatory Sick Leave Benefits
Began July 1, 2017
All employers
Must work
80 hours/120-day period
2 hours/2-week period worked in Cook County
1 hour of paid sick leave/40 hours worked
Up to 20 hours can roll over into the next 12-month period.
Leave for EE's own illness as well as to care for family members

9. Getting paid Federal and state statutes Chicago’s minimum wage
Despite what some employers believe, we are entitled to be paid for the work we do!
Getting paid
Federal and state statutes
Fair Labor Standards Act/Illinois Minimum Wage Act
Minimum wage (state $8.75)
Overtime for nonexempt workers (who those workers are is currently pending appeal at the Fifth Circuit)
Illinois Wage Payment and Collections Act (IWPCA)
State minimum wage $8.75
Chicago’s minimum wage
$11 (since July 1, 2017)
Cook County minimum wage
$10 (since July 1, 2017)

10. Unemployment 26 weeks 60% (plus dependent credit) Eligibility
Not fired for “misconduct” (as defined by statute)
Did not voluntarily resign (unless for one of the reasons allowed under the statute)
Able and available to work

11. Our CLASP clients’ “typical” employment law issues
Sexual harassment
VESSA or FMLA leave
Unpaid wages
Unemployment benefits

12. Case study “TONI”

13. Toni’s Facts
Toni was kidnapped by ex-boyfriend and physically assaulted for 2 days before she was able to escape;
Months later she starts a new job;
Subpoenaed by State’s Attorney to testify at trial during upcoming shift;
Informs her manager about the her ordeal and subpoena;

14. Toni’s Facts (cont.) Granted permission to take time off to testify;
Toni states that she expects only to be gone for the first part of her shift;
Toni sequestered by State’s Attorney for 8 hours without phone access;
Toni calls her employer immediately after she leaves court and explains the situation;
The next day Toni is fired because she missed her entire shift the previous day

15. LAF Gets Involved CLASP partner refers case to LAF;
LAF files VESSA charge with IDOL
Employers can’t fire victims of domestic violence for participating in legal proceedings relating to the DV
IDOL investigates and finds evidence of VESSA violation;
LAF files VESSA lawsuit against employer with IDOL;
Litigation at early stage
LAF social worker helped client find safe, affordable
housing and secure public benefits