Frequently Asked Questions (FAQs)
The following questions and answers do not constitute legal advice and are merely generalized guidelines. For legal guidance, please contact O’Malley & Madden, P.C. by phone at (312) 697-1382 or via email at office@ompc-law.com.
1) What laws protect me in Illinois?
The Illinois Human Rights Act (IHRA), Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act (Title VII), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), and Chicago Human Rights/Minimum Wage Ordinances (CHRO/CMWO) protect against discrimination, harassment, and pay violations. These laws create remedies in state and federal venues.
2) How do I report discrimination or harassment?
You can file with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). Preserve emails, texts, and witness names, and act quickly—both IDHR and EEOC have strict filing deadlines (IDHR/EEOC).
3) What is unlawful retaliation?
Retaliation is any adverse action because you reported misconduct, requested accommodation, or used protected leave. State and federal laws, including the Illinois Human Rights Act (IHRA) and Title VII (Title VII), prohibit retaliation and provide remedies.
4) Is Illinois “at-will” employment?
Yes, but employers cannot fire you for discriminatory or retaliatory reasons, in breach of contract, or in violation of public policy. Key protections include the Illinois Human Rights Act (IHRA) and the Illinois Whistleblower Act (IWA).
5) Are non-competes enforceable?
Only if it is narrowly tailored to a legitimate business interest and supported by adequate consideration, low-wage restrictions and other limits apply under the Illinois Freedom to Work Act (IFWA).
6) What are my wage-and-hour rights?
Workers are entitled to a minimum wage, overtime pay for eligible hours, accurate job classification, timely pay, and compliant meal breaks. These rights flow from the Fair Labor Standards Act (FLSA) and Illinois’ One Day Rest in Seven Act (ODRISA).
7) Should I sign a severance or contract without review?
No. Terms on pay, equity, restrictive covenants, arbitration, and releases carry long-term consequences. Have counsel review and negotiate under Illinois and federal law, including the Age Discrimination in Employment Act (ADEA).
8) What are my rights in public spaces?
Businesses and facilities must provide equal access and reasonable accommodations to individuals with disabilities. The Illinois Human Rights Act (IHRA) and the Americans with Disabilities Act (ADA) prohibit discrimination in public accommodations.
9) How do lawsuits and appeals work?
Cases often progress from investigation and filing to discovery, mediation, or trial; strict rules govern each step. Appeals challenge legal errors under the Illinois Supreme Court Rules (ISCR) in the Illinois Appellate Court (IAC) and, where applicable, federal courts.
10) When should I call an attorney?
Early, preferably, before you sign, complain, resign, or respond to an investigation. Timely advice helps preserve evidence, meet deadlines under the Illinois Department of Human Rights (IDHR) and Equal Employment Opportunity Commission (EEOC), and protect your options.
Don’t see an answer to your question? Contact the law office of O’Malley & Madden, P.C. for legal guidance.