Workplace discrimination | Dinizulu Law Group, Ltd

It is estimated that more than half of all American workers are subject to forced arbitration clauses. When this happens, employees can either choose to keep their jobs or sign a contract in which they forfeit their right to sue the company should a dispute arise. Signing an arbitration clause may also mean waiving the right to an appeal and, oftentimes, waiving the right to participate in a class action lawsuit.

The arbitration process means that rather than having employee disputes heard by a trial by jury, an arbitrator—or a neutral third party—will hear both sides and make the decision behind closed doors. This process typically favors the employer and keeps the issue out of the public eye.

When it comes to issues of sexual harassment or gender discrimination in the work place, these mandatory arbitration clauses become even more burdensome for employees. Meanwhile, a predatory culture of discrimination, intimidation and harassment is allowed to prevail at American workplaces.

Illinois Congresswoman Rep. Cheri Bustos introduced a bill at the end of last year that would end forced arbitration in sexual harassment cases. The bill, named the Ending Forced Arbitration of Sexual Harassment Act of 2017, has drawn bipartisan support in both chambers of Congress. While other Congress members from Illinois, such as Sen. Dick Durbin and Rep. Luis Gutierrez have endorsed the bill, there still needs to be more widespread support for this bill.

At the Dinizulu Law Group, Ltd., our civil rights and personal injury lawyers firmly believe that the right to a trial by jury is vital to our justice system. Forced arbitration not only prevents victims from getting the justice they deserve but silences them through intimidation while allowing the abuse to continue.

If you believe you are being discriminated against at work or were demoted or fired for reporting inappropriate behavior, know that there are options for you. The Dinizulu Law Group, Ltd. has over 50 years of combined experience and expertise to help you get the justice you deserve. Contact us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

Discrimination cases can be tricky. You have to prove that there was adverse action taken against one party when there was none taken against another party, and that can be difficult to do.

Imagine this: There are two individuals. They both have similar stories. They attended the same high school. They both served in the military. They both worked for the same company. What’s different about them? One is African American and one is Caucasian. One was fired and one was not. Let’s consider what we needed to prove for this discrimination case.

The African American party was sent out on a stranded motorist call. Upon arriving, the motorist began to get aggressive. It was the company’s policy that the employee is responsible for walking away from situations in which the motorist becomes angry. Let’s call the emergency roadside assistant Bob. Bob walked away from the motorist. While he was trying to walk away, the motorist grabbed Bob. Bob did not expect that, and did not know what was going to happen beside the road, so he hit the motorist in self-defense. He was suspended and then fired. He had just bought a retirement house, and had been working extra to save for his retirement. He was only two years away from retirement.

Now, let’s look at the other party. We’ll call him Joe. Joe was also called out to help a stranded motorist. In the process, he hit another motorist. The driver of that car got upset and proceeded to throw hot coffee all over Joe. Joe got upset and chased down the driver. When he got to him, he proceeded to punch him 6 times in the face. His actions were against company policy. He was not fired.

Bob had an adverse action taken against him in his case, while Joe did not. We can investigate cases like this by pulling employee files. When Joe’s file was pulled, we saw his rejected workers’ compensation claim, which led us to study the story we just described. We compared and contrasted it with Bob’s case. We took it to their supervisor, who admitted to excusing Joe’s actions. In the face of a discrimination lawsuit, the supervisor decided to settle with Bob. Watch the video to learn more.

You will also find more videos on job discrimination examples on our media page. If you have questions about discrimination on the job, please contact us by email or at 1-312-384-1920 or 1-800-693-1LAW. The Dinizulu Law Group, Ltd., is a Chicago-based employee discrimination and work injury law firm. Our workplace discrimination lawyers from Chicago are here for you. We have represented over thousands of clients across Illinois and neighboring states.