What federal laws prohibit discrimination?
• Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, sex, or national origin.
• The Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
• The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination on the basis of age.
• The Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The ADA also requires employers to make reasonable accommodations for their employees’ disabilities.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws.
What employment practices are forbidden by these laws?
These laws prohibit discrimination in any aspect of employment, including:
• hiring and firing;
• compensation, assignment, or classification of employees;
• transfer, promotion, layoff, or recall;
• job advertisements;
• recruitment;
• testing;
• use of company facilities;
• training and apprenticeship programs;
• fringe benefits;
• pay, retirement plans, and disability leave; or
• other terms and conditions of employment.
Discriminatory practices under these laws also include:
• harassment on the basis of race, color, religion, sex, national origin, disability, or age;
• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
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What state laws and/or local ordinances prohibit employment discrimination?
The Illinois Department of Human Rights administers the Illinois Human Rights Act, which prohibits discrimination because of race, color, religion, sex, national origin, ancestry, citizenship status (with regard to employment), age 40 and over, marital status, physical or mental handicap, military service, unfavorable military discharge, and sexual orientation.
The Cook County Commission on Human Rights enforces the Cook County Human Rights Ordinance. The Ordinance prohibits discrimination based upon a person’s race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, housing status, or gender identity.
The Chicago Human Rights Ordinance prohibits discrimination on the basis of sex, color, age, religion, race, disability (mental or physical), national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income or gender identity. The Ordinance is enforced by the Chicago Commission of Human Relations.
How soon must a terminated employee be paid his/her final paycheck?
All final compensation, including bonus payments, vacation pay, wages and commissions must be paid on the employee’s last day of work. If that is not possible, than the employee must be compensated no later than his/her next regularly scheduled payday.
How often must an employer pay wages?
Employees must be paid all wages earned at least every two weeks and the wages must be paid no later than 13 days after the end of the pay period in which the wages were earned. Wages of executive, administrative and professional employees as defined in the Fair Labor Standards Act of 1938, may be paid monthly. Also, commissions may be paid monthly.
Can an employer take money out of an employee’s wages to cover cash register shortages or damages to the employer’s equipment/property?
No, not unless the employees signs an express written agreement allowing the deduction AT THE TIME the deduction is made.
