Workplace retaliation occurs when an employer punishes or takes adverse action against an employee for engaging in legally protected activity. In Chicago, this can include reporting discrimination or harassment, participating in an investigation, filing a charge with the Illinois Department of Human Rights (IDHR) or EEOC, or opposing conduct the employee reasonably and in good faith believes is unlawful. Retaliation can take many forms, including a demotion, reduced pay or hours, unfavorable treatment, or wrongful termination. 

Retaliation is prohibited under the Illinois Human Rights Act and federal employment laws. If you believe you are experiencing workplace retaliation, an employment lawyer can help you understand your rights and legal options. 

Workplace retaliation can take many forms. Depending on the circumstances, examples of retaliation against a Chicago employee may include: 

• Demotion or removal of supervisory responsibilities 
• Changes to job duties or responsibilities
• Harassment or abusive treatment
• Negative or bad-faith performance evaluations 
• Increased scrutiny of your work or attendance 
• Isolation, such as being excluded from meetings or professional opportunities
• Pay cuts or loss of benefits 
• Reduced hours or unfavorable scheduling
• Spreading false rumors about an employee 
• Termination 
• Transfer to a less desirable position or location 

This is not a complete list. Other actions may also constitute unlawful retaliation if they are taken because an employee engaged in legally protected activity. If you believe you are experiencing workplace retaliation in Chicago, a Kaplan lawyer can review the circumstances and help you understand your options. 

An employer or manager may retaliate against an employee for exercising a legal right or engaging in protected activity. In Chicago, examples can include: 

• Reporting discrimination or harassment based on a protected characteristic
• Cooperating with an investigation into discrimination or harassment 
• Filing a complaint or charge with the Illinois Department of Human Rights (IDHR) or EEOC 
• Opposing conduct the employee reasonably believes is unlawful discrimination 
• Reporting certain wage or overtime violations 
• Reporting other unlawful conduct protected by Illinois whistleblower laws
• Requesting a reasonable accommodation for a disability or pregnancy 
• Requesting a religious accommodation
• Participating in an investigation or proceeding involving employment discrimination 
• Exercising rights protected by Illinois wage, leave, or other employment laws 

In short, if an employee has been punished for something not related to their job performance, it could potentially be considered retaliation. 

A hostile work environment can occur when an employee is subjected to harassment based on a protected characteristic, such as race, sex, religion, national origin, age, disability, pregnancy, or sexual orientation. Examples may include: 

• Inappropriate or offensive images or gestures 
• Insults, slurs, or taunts 
• Lewd or sexual comments or jokes 
• Racist or discriminatory language 
• Sexual harassment 
• Threats or intimidation 
• Unwanted physical contact 
• Other severe or pervasive verbal or physical harassment 

Not every unpleasant workplace situation is legally considered a hostile work environment. Under federal law, the conduct generally must be sufficiently severe or pervasive to create an intimidating, hostile, or offensive work environment. Whether conduct meets this standard depends on the totality of the circumstances, including its frequency, severity, and impact on the employee. 

If you believe you are experiencing a hostile work environment or workplace harassment in Chicago, a Kaplan lawyer can review the circumstances and help you understand your legal options. 

The U.S. Equal Employment Opportunity Commission (EEOC) is a federal government agency that enforces federal laws prohibiting workplace discrimination and retaliation. The EEOC investigates charges involving discrimination based on protected characteristics including: 

• Race 
• Color 
• Religion 
• National origin 
• Sex, including pregnancy, sexual orientation, and gender identity 
• Age 
• Disability 
• Genetic information 

Most private employers with 15 or more employees are covered by federal employment discrimination laws. The EEOC can investigate discrimination charges, facilitate settlement or mediation, and, in certain cases, bring a lawsuit against an employer. Illinois employees may also have protections under the Illinois Human Rights Act and may be able to file a charge with the Illinois Department of Human Rights (IDHR). 

Potentially, yes. Many forms of workplace retaliation can violate Illinois or federal employment laws, particularly when an employee is punished for reporting discrimination or harassment, participating in an investigation, filing a complaint, or exercising another legally protected right. Illinois law also protects employees from retaliation for certain whistleblowing and other protected activities. 

Depending on the type of retaliation claim, an employee may be able to pursue a lawsuit seeking compensation and other legal remedies. If you believe you have experienced workplace retaliation in Chicago, a Kaplan Chicago lawyer can review your situation and help you understand your legal options. 

Every retaliation case is different, and the compensation available depends on the specific law involved and the harm you experienced. Depending on the claim, you may be able to pursue: 

• Lost wages: Back pay, front pay, and lost benefits resulting from reduced hours, demotion, or termination; 
• Emotional distress: Compensation for emotional harm caused by the retaliation, when available under the applicable law;
• Other damages: Compensation for other losses caused by the employer's unlawful conduct; 
• Reinstatement or other relief: In some cases, you may be entitled to reinstatement or other equitable relief; and 
• Attorney's fees and costs: Some Illinois and federal employment laws allow successful employees to recover reasonable attorney's fees and litigation costs. 

The amount of compensation available depends on the type of retaliation claim, the losses you experienced, and the applicable Illinois or federal law. A Kaplan Chicago lawyer can review your case and explain what damages and other remedies may be available. 

Proving workplace retaliation generally requires evidence that you engaged in legally protected activity, your employer took an adverse action against you, and there is a connection between the two. Evidence that may support a Chicago retaliation claim can include: 

• Emails, text messages, or other communications showing retaliatory comments or intent; 
• Negative or bad-faith performance evaluations; 
• Pay records showing reduced wages or hours; 
• Witness statements about the retaliation or your protected activity; 
• Evidence that the employer treated similarly situated employees differently; and 
• Evidence that the employer's stated reason for taking action was false or a pretext for retaliation. 
• The timing of the adverse action can also be important, particularly when it occurs shortly after an employee engages in protected activity. 

If you believe you have experienced workplace retaliation in Chicago, a Kaplan Chicago lawyer can review the evidence and help you understand your legal options. 

Retaliation lawsuits can take anywhere from a few months to a few years, but there are steps you may need to take today to preserve your claims. The timing of resolution of retaliation claims depends on the circumstances of the case and how quickly the two sides are able to resolve it.

Most retaliation lawsuits are settled out of court, which is faster – and less risky – than going to trial. In fact, most retaliation claims are settled before a lawsuit is even filed, which means the fact that you hired a lawyer or filed a claim would generally not be made public.

Yes. Kaplan Law Firm is an employment law and civil rights firm that’s been proudly serving Texans since 2015. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims for retaliation, discrimination, sexual harassment, breach of contract, and wage and hour violations.

We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN.

Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve.