Maintaining A Discrimination-Free And Productive Work Environment
At the Business Law Group, we believe that a discrimination-free and productive work environment is the key to your company’s success. A positive, lawfully compliant workplace fosters satisfaction not just in the employees but also overall in productivity and business growth. Since Illinois is one of the jurisdictions that has strict regulations in regard to employment discrimination and workplace practices, we know it can be exhaustive for many employers. That’s why we are here to help you develop effective policies, address potential issues, and make your workplace compliant and productive.
Workplace discrimination in Illinois is illegal under numerous state and federal laws, especially under the Illinois Human Rights Act, 775 ILCS 5/1 et seq, and Title VII of the Civil Rights Act of 1964. Under these laws, employers are prohibited from engaging in employee discrimination based on the employees’ race, color, religion, sex, national origin, disability, and age, among other protected characteristics. Allowing your workplace to be free from discrimination not only protects your business from costly lawsuits but also allows for an inclusive and productive environment in which your employees can thrive.
Anti-Discrimination Policies
The foundation of a workplace free from discrimination is to have unmistakable, succinct policies that describe your company’s commitment to equal employment opportunity and fair treatment. These should be in an employee handbook and explained clearly to all employees upon hire and through periodic training. Your policies prohibiting discrimination, harassment, and retaliation should unequivocally prohibit actions based on any characteristics protected under both Illinois and federal law.
The Business Law Group helps our clients prepare and implement such policies to ensure they meet all laws relevant to them and reflect the needs of their business in question. Proactively setting a tone conducive to your company’s culture greatly reduces the likelihood that discriminatory behavior will occur in the first place.
Anti-Discrimination Training
One of the best ways to keep the workplace free from discrimination is through frequent employee training. It should train management and employees on what discrimination and harassment are, the company’s policies relevant to such acts or behavior, and how employees report violations.
Under Illinois state law, every employer is required to provide annual training in the prevention of sexual harassment. The Illinois Workplace Transparency Act enacted under 820 ILCS 96/1 et seq, mandates that an employer who has one or more employees shall provide training in preventing sexual harassment. Restaurants and bars are required to train employees with supplemental training using examples of harassment specific to the industry.
We work with companies to design customized training programs that meet the particular needs of their workforce. Regular training ensures that employees are fully aware of their rights and responsibilities and promotes a culture of no tolerance for discrimination.
Answering and Investigating Complaints
Even as you try hard to ensure a work environment free of discrimination, there might come a time when an employee files a complaint of discriminatory behavior or harassment. You should have a formal and confidential process in place to handle complaints of this nature. The procedure has to be one that guarantees protection for the employees against retaliation when reporting such issues
Once a complaint has been filed, it is now the employer’s responsibility to investigate the claim immediately. This must be done in a fair manner, which also must be documented. Sometimes, one may have to invoke some disciplinary actions against the offender. In other cases, one may resort to mediation and conflict resolution in order not to escalate the problem to litigation.
At the Business Law Group, we can advise you on how to handle discrimination complaints. We walk businesses through internal investigations and assist with ensuring that any actions taken against an employee are properly substantiated under Illinois law. We strive to resolve complaints within the quickest time frame possible while still protecting the rights of the employee in question and the company.
Diversity And Inclusion In The Workplace
A truly productive work environment exceeds mere compliance with anti-discrimination legislation but creates an inclusive culture where all employees are valued and respected. Inclusivity initiatives can help avoid discriminatory behaviors by raising awareness and encouraging a more open-minded workplace.
You can support a positive and cooperative work environment by developing diversity and inclusion programs, providing mentorship opportunities, and encouraging open dialogue across your workforce. In an inclusive, respectful environment, employees are more likely to be productive and loyal. Some employees may even be more creative and innovative.
Legal Consequences Of Discrimination
An uncomfortable working environment can put the employer in severe legal trouble. The employees could complain to the Illinois Department of Human Rights or the EEOC. In that case, merit-based complaints lead to lawsuits, heavy settlements, and loss to your business due to reputational damage.
The Illinois Human Rights Act enables employees to file discrimination claims, and upon success, these claims may award back pay, damages for emotional distress, and attorney’s fees. Employers found in violation can be subject to civil penalties or mandated to undergo remedial training or policy changes.
At the Business Law Group, we actively work with our clients to avoid employment discrimination claims and assist clients through the application of employment laws in order to steer clear of potential issues. In the event that your business becomes involved in a discrimination claim, we aggressively defend to protect your business from liability and minimize any potential effects from the claim.
Compliance With Illinois Laws
In addition to the Illinois Human Rights Act, Illinois employers are supposed to follow several other laws that dictate certain workplace behavior and forbid discrimination in various ways. Included in this would be:
The Illinois Equal Pay Act (820 ILCS 112/1 et seq) prohibits an employer from paying unequal wages to employees of the opposite sex for the same or substantially similar work.
The Illinois Victims’ Economic Security and Safety Act, 820 ILCS 180/1 et seq, gives leave and accommodation rights to employees who are victims of domestic violence or other crimes. The Illinois Whistleblower Act, 740 ILCS 174/1 et seq, offers protection from retaliation against employees who report unlawful activity or unsafe working conditions.
The only certain way an employer can be in compliance with these laws is to adopt a proactive approach to employment law. Our efforts enable clients to stay current regarding changes in legislation and implement policies and workplace practices consistent with the newest legal demands.
Frequently Asked Questions Regarding Maintenance Of A Discrimination-Free Workplace
What Should I Do If An Employee Complains Of Discrimination Or Harassment?
You should have a well-publicized and transparent procedure for reporting incidents, and any such complaint should be investigated with due diligence. In addition, any of your findings should be documented in detail. Any action you take must be appropriate, and it may involve mediation, disciplinary measures, or the resolution of conflict. We recommend consulting an attorney to ensure your response is compliant with Illinois law.
Must I Give My Employees Training On Anti-Discrimination?
Yes, under Illinois law, all employers must provide annual sexual harassment prevention training. Under the Illinois Workplace Transparency Act, all employees must be provided the training; and certain industries such as restaurants and bars have additional, industry-specific requirements relating to training.
Can I Be Held Liable If One Of My Employees Discriminates Against Another Employee?
Yes, an employer may be held liable for the discriminatory acts committed by its employees if it is determined that the employer did not take reasonable measures to avoid or minimize the behavior. Having formal policies, frequent training, and immediate responses to complaints are all very important to protect your business from potential liability.
How Can I Protect My Business From Discrimination Claims?
Quite simply, the best defense is to take proactive steps on behalf of your business. This will include solid anti-discrimination policies, periodic training sessions, responding promptly to filed complaints, and remaining in full compliance with all relevant laws. Have an attorney who is experienced in employment law review operations to identify potential issues so they may be addressed before they become lawsuits.
Call Our Chicago Corporate Lawyer For Your Free Consultation
Business Law Group, LLC is here to help your business keep the workplace discrimination-free and productive. We can help you with policy-making and training to defend a discrimination claim. Let us navigate you through even the most complex legal issues. Contact our Chicago corporate lawyers at the Business Law Group by calling (224) 353-6498 to receive your free consultation. Let us assist you in crafting a workplace that is both compliant and successful.
The information contained in these blog entries and on this website does not constitute legal advice. While the content discusses various legal issues, it is not intended to and does not provide legal advice. If you are seeking legal advice, you should contact the Business Law Group at 224-353-6498 to schedule a consultation.
