Glossary of Civil Rights Law and Employment Law Terms

Glossary of Civil Rights and Employment Law Terms

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42 U.S.C. § 1981 – This law, commonly known as just § 1981 makes it illegal to discriminate on the basis of race in the formation and performance of contracts. Because it has a four year statute of limitations (as opposed to Title VII's 300 day statute to file with the EEOC), and because it permits suit directly in Federal Court, it is often used in employment discrimination cases as employment (even at will employment) is a kind of contract. See our pages on Discrimination, and Race Discrimination. (See also, Title VII, Equal Employment Opportunity Commission (EEOC), Contract Laws.)

42 U.S.C. § 1983 – This law, commonly known as just § 1983, permits people to sue for violations of their Constitutional Rights. It was passed shortly after the Civil War as part of the first major Civil Rights Act in history. Because the 14th Amendment begins with "No State shall..." it can only be used against State Actors (people who are employed by a government entity like a city or county.) (See also: State Actor, Bill of Rights, Civil Rights, Constitution.)

Age Discrimination – Age Discrimination is an act that violates the Age Discrimination in Employment Act also known as the ADEA. This can be confusing because in simple English, Age Discrimination would mean treating two people differently because of their age. However, under the Age Discrimination in Employment Act, Age Discrimination is only illegal if it is done to someone over 40 years of age and the act meets certain criteria. Please see our Age Discrimination page for more details. (See also: Age Discrimination in Employment Act.)

Age Discrimination in Employment Act (ADEA) – The Age Discrimination in Employment Act, also known as the ADEA is the Federal Law that prohibits Employment Discrimination based on Age. See also Age Discrimination and our Age Discrimination page.

Americans with Disabilities Act (ADA) – The Americans with Disabilities Act, also known as the ADA, is the Federal Law that prohibits Employment Discrimination on the basis of a person's disability. See also Disability Discrimination and our Disability Discrimination page. In addition to its impact on employment discrimination, the ADA also requires that companies provide accommodations both to their employees and in some cases the public, such as requiring doors to be at least three feet wide so that a wheelchair can pass. (See also Disability Discrimination, Reasonable Accommodation.)

Arbitration – Arbitration is a substitute for court. The parties choose an arbitration association which will have rules. Both the company and the employee have input into choosing who the Arbitrator (or judge) will be. Sometimes it is a panel of three or more arbitrators. Arbitration does not necessarily provide the same opportunities as a court case. For example, you have to pay the arbitrator, you do not get a jury, and the rules are very different. (See also, Arbitration Agreement.)

Arbitration Agreement – An Arbitration Agreement is an agreement that companies often require employees to sign which prevents the employee from suing the company in court. Arbitration agreements are dangerous to employees because they often require an employee to pay thousands of dollars to file a claim with an arbitration association where he could have paid a few hundred dollars, or in some cases nothing at all to file in court. Employees should try to avoid signing arbitration agreements. (See also, Arbitration, Contract Laws.)

Bill of Rights – The Bill of Rights is the first Nine Amendments to the United States Constitution. It is often thought of as providing certain freedoms. But in reality, what it really does is to forbid the United States Government from acting in a way to infringe on certain freedoms. After the Civil War, the 14th Amendment was passed which has been interpreted to apply the Bill of Rights to the States, and State Actors. Below is a short list of the kinds of things covered by the first Nine Amendments. (See also State Actor, 42 U.S.C. § 1983.)

First amendment – Freedom of Speech, Religion, Assembly, and Press.
Second amendment – The right to bear arms.
Third amendment – Freedom from the quartering of soldiers in private homes during peacetime.
Fourth amendment – The right to due process before the government can take life, liberty, or property.
Fifth amendment – The right not to be required to testify against yourself (right against self incrimination.)
Sixth amendment – The right to be represented by a lawyer.
Seventh amendment – The right to a jury trial in common law causes of action.
Eighth amendment – The right against cruel and unusual punishment.
Ninth amendment – The fact that some rights are specifically stated in the first eight amendments does not mean that there are no others.

Civil Rights – As a resident of the United States, you have many rights under the laws. Civil Rights are specifically those rights guaranteed by the Constitution, particularly in the Bill of Rights and in the Thirteenth, Fourteenth, and Fifteenth Amendments. (See also Constitution, Bill of Rights, 42 U.S.C. § 1983.)

Compensatory Damages – Damages are the measure of injury in money. A jury cannot undo the accident, but can award compensatory damages, an amount of money to compensate the victim for pain and suffering and for the medical bills. (See also, Punitive Damages, Liquidated Damages.)

Constitution – The Constitution of the United States is recognized as the supreme law of the land. All other laws flow from it. The Constitution is the document that designs the U.S. Government and gives power to the Congress to pass laws. But it also limits what the Government can do. Neither the U.S. Congress, nor any state may pass a law which violates the Constitution. (See also Bill of Rights, Civil Rights, 42 U.S.C. § 1983.)

Contract Laws – These are the rules of making and enforcing contracts. They define what a contract is, what kinds of contracts are legal and illegal, how a contract is read, and how a contract is enforced.

Department of Human Rights – In Illinois, the Illinois Department of Human Rights is the agency that investigates complaints under the Illinois Human Rights Act such as discrimination and retaliation. You must file your charge with the Illinois Department of Human Rights within 180 days (which may not be six months) of the act about which you are complaining. If the Department of Human Rights finds evidence to support your claim, it will file a complaint with the Illinois Human Rights Commission which is like a court. The Department of Human Rights is the Illinois State version of the U.S. Equal Employment Opportunity Commission. (See also EEOC.)

Disability Discrimination – Disability discrimination is the act of treating someone with a disability less favorably than someone without a disability. Determining what constitutes a disability under the Americans with Disabilities Act is tricky – not every bump or bruise will qualify. The disability must be a substantial impairment of a major life activity. Disability discrimination can take place where an employer refuses to hire someone with a disability who can do the job without any accommodation at all, or it can take place when the company refuses to provide a reasonable accommodation for a disabled person if the company could do so without hardship. See our Disability Discrimination page. (See also Americans with Disabilities Act (ADA), Reasonable Accommodation, Discrimination.)

Discrimination – Discrimination literally means treating two people (or things) differently. Not all discrimination is illegal. But treating two people differently because one is black and the other is white is illegal discrimination – it is Race Discrimination. Illegal discrimination also includes discrimination based on age, sex, disability, religion, or national origin/ethnicity. Sexual Harassment and Retaliation are also kinds of discrimination. See our Discrimination page. (See also, Age Discrimination, Race Discrimination, Sex Discrimination, Sexual Harassment, Religious Discrimination, Ethnic Discrimination, EEOC, Department of Human Rights.)

Due Process – There are two due process clauses, one in the Fourth Amendment and one in the Fourteenth Amendment to the Constitution. The Fourteenth Amendment Due Process clause provides the same protections of that the Bill of Rights provides from the Federal Government from any state or municipality. It also provides the right of notice and an opportunity to be heard before the government can take property. (See also Bill of Rights, 42 U.S.C. § 1983, State Actor.)

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E - H

Employment Lawyer – Attorneys are not permitted to claim that they "specialize" in a particular area of law (accepting accreditation provided in some states, not Illinois) unless they have a special advanced degree (and no such degree exists in the area of employment law), an Employment Lawyer or and Employment Attorney is a lawyer who focuses his or her practice in the area of employment law to the exclusion of other areas of practice, such that he has particular experience and knowledge of the developing employment law. If you have an employment case, an employment lawyer is going to be better equipped to handle your case than one who does not regularly practice employment law.

Equal Employment Opportunity Commission (EEOC) – The Equal Employment Opportunity Commission, also known by its acronym, EEOC, is an agency of the United States Government charged with enforcing Title VII, the ADA, ADEA, and EPA. The EEOC has four basic functions: 1) Investigating charges of discrimination against private employers; 2) Mediating disputes where a charge of discrimination has been filed against a private employer; 3) Prosecuting private employers for discrimination on behalf of the United States Government; and 4) Acting as a judicial body (court) in charges of discrimination against the Federal Government or its agencies. Please see our EEOC page. (See also, Discrimination, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Title VII, and Equal Pay Act (EPA).)

Equal Pay Act (EPA) – Slightly different from Title VII, the Equal Pay Act, also known as the EPA makes it illegal to pay men and women of similar qualifications differently for doing the same job. A major difference is that while Title VII requires a showing of intentional discrimination, the EPA only requires a showing that two similarly situated people of opposite genders are paid differently.

Equal Protection of the Laws – A part of the "Equal Protection Clause of the Fourteenth Amendment," the Constitutional guarantee of equal protection of the laws is one basis for employment lawsuits filed against municipalities and other state actors for discrimination. (See also Discrimination, 42 U.S.C. § 1983, State Actor.)

Ethnic Discrimination – Ethnic discrimination or National Origin Discrimination is a violation of Title VII and happens when a person is discriminated against because of her ethnicity. By ethnicity or national origin, we mean heritage such as Korean, Mexican, Italian, or having parents, grandparents, or ancestors from another country. Ethnic discrimination is often seen in the form of English only rules or against people of Arabian descent. (See also Discrimination, Title VII, and Equal Employment Opportunity Commission.)

Excessive Force – Excessive force is a claim usually filed against a police officer for using more force than necessary to effect an arrest. These claims are also often combined with false arrest claims. It is a claim of police misconduct. Excessive force claims are commonly known as "police brutality." Although an officer can use force to effect an arrest if necessary, there are limits. For example, it would clearly be excessive for an officer to shoot a man who is running away and therefore resisting arrest. It is a Constitutional Violation, specifically a violation of the Fourth and Fourteenth Amendment rights guaranteeing due process. See our Police Misconduct page. (See also 42 U.S.C. § 1983, State Actor, Resisting Arrest, Bill of Rights, Freedom from Unreasonable Search and Seizure, Due Process.)

Exempt – Exempt status usually indicates that a person is exempt from (i.e. not subject to) the requirements of the Fair Labor Standards Act (FLSA) Overtime provisions. An exempt person is not entitled to time and a half for overtime work. A person may be exempt for many reasons. Usually exempt people are people earning a significant amount of money. A person who is paid by the hour is NOT exempt and is entitled to receive overtime pay. But just because someone is paid a salary does NOT mean he IS exempt. He may STILL be entitled to Overtime Pay. Please see our Overtime page. (See also, Fair Labor Standards Act (FLSA), Overtime Claims, Non-exempt.)

Expulsion – A student may be expelled or suspended from school for a violation of school rules. But before a student may be expelled, he is entitled to Due Process – notice and an opportunity to be heard on the charges against him. This is usually done with an expulsion hearing. Please see our School Law page. (See also, Due Process, Suspension.)

Fair Labor Standards Act (FLSA) – The Fair Labor Standards Act, also known as the FLSA, is the Federal Law that requires companies to pay minimum wage and overtime pay. FLSA claims are filed in the Federal Court and are often class action claims. This means that when one person files a claim for overtime, others may join the lawsuit. A person CANNOT waive their rights to receive time and a half for overtime work and any such waiver is NOT valid. Some people are exempt from the FLSA for various reasons. Please see our Overtime page. (See also, Overtime Claims, Exempt, Non-exempt.)

False Arrest – Police are required to have probable cause to believe you have committed a crime to arrest you. If they lack probable cause to make the arrest, it is called a false arrest and is actionable as police misconduct under 42 U.S.C. § 1983. Please see our Police Misconduct page. (See also, Excessive Force, 42 U.S.C. § 1983, Freedom from Unreasonable Search and Seizure, Bill of Rights.)

Family and Medical Leave Act (FMLA) – The Family and Medical Leave Act also known as the FMLA provides that employees meeting certain requirements are entitled to up to 12 weeks unpaid leave to recover from a serious medical condition or to care for another who suffers from a serious medical condition. This can be taken all at once or intermittently. Please see our Family and Medical Leave Act page. (See also, Intermittent Leave, Medical Leave, Maternity Leave.)

Freedom from Unreasonable Search and Seizure – The Fourth Amendment forbids the government from searching or seizing a person without probable cause. The Fourteenth Amendment applies this to the states (usually municipal police and sheriff's departments). This guarantee forms the basis of most false arrest claims. See our Police Misconduct page. (See also, Police Misconduct, False Arrest, 42 U.S.C. § 1983, Bill of Rights, Freedom from Unreasonable Search and Seizure, State Actor.)

Freedom of Religion – Freedom of Religion is guaranteed by two clauses of the First Amendment known as the Free Exercise Clause and the Establishment Clause. These two clauses address both sides of the religious question. The former forbids the government from interfering with people's right to exercise religious beliefs while the latter forbids the government from establishing a national religion. But these rights also must be balanced against the national good. For example, the Free Exercise Clause does not guarantee the right to make human sacrifices simply because doing so is someone's religious practice. In the employment context, Title VII also addresses the right to freedom of religion in that it forbids companies from discriminating against people because of their religion and affirmatively requires them to make efforts to accommodate those practices. See our Civil Rights page and our Religious Discrimination page. (See also, Civil Rights, Bill of Rights, Freedom of Speech, Freedom from Unreasonable Search and Seizure, 42 U.S.C. § 1983, State Actor, Title VII, Discrimination, Religious Discrimination, Reasonable Accommodation.)

Freedom of Speech – Freedom of Speech is guaranteed by the First Amendment. It does not provide the right to defame people and it must be balanced against the national interest. (For example yelling "fire" in a crowded theater.) But it does guarantee the right to speak on issues of public concern. This is a guarantee against government regulation and does not prevent a private employer from firing you for what you say. (See also, Freedom from Unreasonable Search and Seizure, 42 U.S.C. § 1983, State Actor.)

Freedom of the Press – Like Freedom of Speech, Freedom of the Press is guaranteed by the First Amendment and for the same reasons. It allows the press to report issues of interest. (See also, Freedom of Speech, Freedom from Unreasonable Search and Seizure, 42 U.S.C. § 1983, State Actor.)

Hostile Environment – Although people commonly believe they have a hostile environment claim when they are being harassed, the law looks at it differently. Hostile Environment in the legal sense is a kind of Sexual Harassment (or Racial Harassment) claim. Essentially, where the work environment is filled with sexual innuendos, sexual jokes, or sexual emails, or where a supervisor or other person in the workplace touches a woman (or a man) in a sexual manner or in a sexual place (e.g. the breasts or genitalia) a sexually hostile work environment may exist. To be actionable, the factors making a hostile environment must be very severe or very pervasive, or a lesser combination of the two. Please see our Sexual Harassment page. (See also Sexual Harassment, Quid Pro Quo.)

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I - Q

Illinois Department of Human Rights - See Department of Human Rights.

Intermittent Leave – Intermittent leave refers to taking Family and Medical Leave intermittently, that is not all at once. Under the Family and Medical Leave Act, employees meeting certain criteria have the right to take up to 12 weeks unpaid leave to take care of a continuing serious medical condition. Sometimes, a person only needs a day to visit the doctor, or a surgery, or is incapacitated for a day. In these circumstances, he does not have to take 12 weeks off of work, but can take only the day or even a half day. This will leave him the remainder of his 12 weeks of Family and Medical Leave. See our Family and Medical Leave Act page. (See also, Family and Medical Leave Act, Medical Leave, Maternity Leave.)

Labor Laws – Labor laws are distinguished from Civil Rights Laws by the Title of the United States Code. Civil Rights law are found in Title 42 (e.g. 42 U.S.C. § 1983) while labor laws are found under Title 29 of the Code. Both sets of laws overlap in the context of employment as employment discrimination laws are found in Title 42 (e.g. 42 U.S.C. § 2000e, which is Title VII) and others are found in Title 29 like the Family and Medical Leave Act. But there is an entire other field that labor law also covers regarding unions and collective bargaining agreements. While many employment lawyers also do work in the area of labor law, and the two areas are often classified together (labor and employment law) they can be very different. (See also, Family and Medical Leave Act, Fair Labor Standards Act, Overtime Claims, 42 U.S.C. § 1983, Discrimination, Employment Lawyer.)

Liability – There are two parts to every case: 1) whether the defendant is "guilty" of an illegal act; and 2) how much he has to pay if he is. Liability is the first of these two parts. To say that someone is liable means that this person is responsible for paying any damages. Damages, is the second part, literally how much money.

Liquidated Damages – Liquidated damages replace punitive damages in the context of labor laws. Where in most cases, a defendant can be charged punitive damages to punish him for wrongdoing, in many labor cases, the plaintiff receives only liquidated damages which is an amount equal to the damages awarded for the injury, also known as compensatory damages. See our Family and Medical Leave Act page. See our Wages and Overtime page. (See also, Compensatory Damages, Punitive Damages, Liability.)

Maternity Leave – Maternity leave is often granted to women for 12 weeks after giving birth. Sometimes it is begun early if there are problems with pregnancy. Companies are not required to provide maternity leave unless they specifically provide for it in their handbooks. However, there are circumstances where it is required. For example, a woman might take Family and Medical Leave Act leave to cover the period of time she would need for maternity leave. Failure to provide maternity leave can occasionally give rise to sex discrimination and pregnancy discrimination claims depending on what kinds of benefits are offered to men. See our Family and Medical Leave Act page. (See also, Family and Medical Leave Act, Medical Leave, Title VII, Freedom from Unreasonable Search and Seizure, 42 U.S.C. § 1983.)

Medical Leave – Medical leave is a broad term which includes unpaid leave under the Family and Medical Leave Act for up to 12 weeks. It can also be taken pursuant to a sick day policy provided by the company. See our Family and Medical Leave Act page. (See also, Family and Medical Leave Act, Intermittent Leave.)

Mediation – Mediation, also known as a settlement conference is a process by which an independent person literally sits down with the plaintiff and the defendant and their lawyers in a room and helps them to talk about their case and hopefully reach a settlement. The mediator can help the parties to see the value and risks of their case. The mediator can also carry messages between the parties and act as a conduit for information during a mediation. (See also Settlement.)

Minimum Wages – The government has set a minimum hourly wage for workers. The Federal minimum wage is currently $5.15/hr, but in Illinois, by state law, the minimum wage is $6.50/hr. If a person works 40 hours in a week and receives a salary of less than $260/wk (before taxes) there is a minimum wage law violation and the company must pay the employee the difference. The key is that pay must meet or exceed the number of hours times the minimum wage. See our Wage and Overtime page. (See also Overtime Claims.)

National Employment Lawyers Association (NELA) – The National Employment Lawyer's Association, also known as NELA, is an organization for employment lawyers across the country. Many states and cities also have sub-chapters such as the NELA/Illinois. These organizations provide continuing classes for the employment lawyer to keep her updated on new developments in employment law. In addition, because many employment lawyers are in single lawyer or very small law firms, by associating with other employment lawyers, they are able to use work by other lawyers on other cases to make their own work easier. Attorneys at Maduff & Maduff, LLC are members of the National Employment Lawyers Association. The fact that a lawyer is not a member of the National Employment Lawyers Association is an indication that she does not regularly practice employment law for employees.

National Origin/Ethnic Discrimination - See Ethnic Discrimination.

Non-compete Agreement – A non-compete agreement is a kind of contract, but it is not subject to the ordinary rules of contracts because it can prevent people from working. Essentially, a non-compete agreement is an agreement that a company requires an employee to sign in which the employee agrees not to take another job which somehow competes with the company. Non-compete agreements must be limited in time and geography. Non-compete agreements are not always valid even if an employee signs it. Please see our Non-Compete Agreement page. (See also, Contract Laws.)

Non-exempt – Exempt v. Non-exempt can be confusing. If someone is exempt from the Fair Labor Standards Act Overtime provisions, this means that the Act does not give that person overtime pay. If someone is non-exempt that means that he is subject to the overtime provisions and is entitled to receive overtime pay. See our Overtime page. (See also, Overtime Claims, Fair Labor Standards Act, Exempt.)

Overtime Claims – An overtime pay claim is a claim that an employee is owed overtime pay that has either not been paid or paid at the regular rate and not time and a half. An employment lawyer can negotiate with the employer or he can file a case under the Fair Labor Standards Act or in Illinois, the Illinois Minimum Wage Law in court. Please see our Overtime page. (See also, Fair Labor Standards Act, Exempt, Non-exempt.)

Police Misconduct – Police misconduct can be any of a number of things from a false arrest to excessive use of force, often called police brutality. Because Police officers are state actors, claims are brought under 42 U.S.C. § 1983 usually for violating the Fourth Amendment right against illegal search and seizure. Please see our Police Misconduct page. (See also, False Arrest, Excessive Force, Probable Cause, 42 U.S.C. § 1983, State Actor.)

Probable Cause – The words "probable cause" are short hand for "probable cause to believe that a crime has been committed and this person committed it." That is the standard that a police officer must meet to make an arrest. A police officer will have probable cause if under the facts presented to him, it is reasonable for him to believe that the person committed a crime. If a police officer has probable cause, he has not made a false arrest. This does not mean that the person is guilty of a crime, merely that the officer has reason to believe he is. Further investigation may show that the person is not guilty. Please see our Police Misconduct page. (See also, False Arrest, Excessive Force, Police Misconduct, 42 U.S.C. § 1983, State Actor.)

Punitive Damages – Damages are the measure of injury in money. Some money is awarded as compensatory damages to compensate a victim for an injury. Larger damage awards are for punitive damages which have the purpose of punishing the wrongdoer. Punitive damage awards can often be a multiple of the compensatory damage award. But to get punitive damages, the plaintiff has to show that the defendant acted in reckless disregard of his rights. (See also, Compensatory Damages, Liquidated Damages.)

Quid Pro Quo – Quid Pro Quo is a type of sexual harassment. It means literally this for that. It happens where a supervisor conditions employment on the employee providing sexual favors. So if the supervisor indicates that a woman will not receive a promotion, will be terminated, will not receive a raise, or something else which might impact her earning power, unless she has sexual relations with him, she will have a claim for quid pro quo sexual harassment. Quid pro quo sexual harassment does not require a request for sexual intercourse, a request for any kind of sexual favor will do it. Quid pro quo sexual harassment cases often include hostile environment sexual harassment claims, because the result of the quid pro quo sexual harassment is a sexually hostile environment. Please see our Sexual Harassment page. (See also, Hostile Environment, Sexual Harassment, Title VII.)

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Race Discrimination | Reasonable Accommodation | Reasonable Suspicion | Religious Discrimination
Resisting Arrest | Retaliation | Settlement | Severance Agreement | Sex Discrimination
Sexual Harassment | Statutes of Limitation | State Actor | Suspension | Tangible Action
Title VII of the Civil Rights Act of 1964 | Undue Hardship | Unpaid Wages | Verbal Contracts

Race Discrimination – It is illegal for a company to make employment decisions based on someone's race (i.e. black or white.) If a person is promoted because he is white the black person who did not get the promotion may have a claim for race discrimination. But the key is that the decision be based on race. The fact that a white person got a promotion or was hired where a black person was not promoted or hired does not in and of itself mean that the decision was an instance of race discrimination. It may be that the white person was more qualified or that there was some other reason for the decision. A white person may also claim race discrimination if a black person is hired because he is black. This is often known as reverse discrimination. Race discrimination violates both Title VII and 42 U.S.C. § 1981 if a contract is involved as is the case with employment. Please see our Discrimination and our Race Discrimination pages. (See also, Title VII, 42 U.S.C. § 1981, Discrimination.)

Reasonable Accommodation – A company is required to make a reasonable accommodation for bona fide religious beliefs and for disabilities as required by the Americans with Disabilities Act (ADA) and Title VII. The word reasonable does not here mean that it is reasonable for the company to make the accommodation. Rather it means that the accommodation must reasonably meet the needs of the employee. The company only has to make a reasonable accommodation that will not cause it an undue hardship. If no such accommodation can be made, the company is free of this obligation. Please see our Disability/Religious Discrimination page. (See also, Title VII, Americans with Disabilities Act (ADA), Undue Hardship.)

Reasonable Suspicion – A police officer needs probable cause to arrest someone, but he can stop someone to ask questions on the lower standard of reasonable suspicion. Reasonable suspicion means that the officer has enough information to make him reasonably suspicious that this person has committed a crime or has information about a crime that has been committed. The officer cannot arrest someone on the basis of reasonable suspicion alone. But he can do a general pat down search to check for weapons when he does stop someone on reasonable suspicion. If during that search he finds illegal weapons, drugs, or other substance, that may give him probable cause to make an arrest. Please see our Police Misconduct page. (See also, 42 U.S.C. § 1983, Probable Cause, Civil Rights, Freedom from Unreasonable Search and Seizure, Bill of Rights, Constitution.)

Religious Discrimination – Religious discrimination takes place when the company refuses to hire or promote, or terminates someone, or takes some other action which has a tangible and/or financial impact on the basis of an employee's religion. Religious discrimination typically takes two forms: 1) taking the adverse action simply because the employee is of a particular religion; or 2) fails to provide a reasonable accommodation for someone to enable that person to observe his religious practices. Please see our Religion/Disability Discrimination page. (See also, Discrimination, Disability Discrimination, Reasonable Accommodation, Title VII, Americans with Disabilities Act (ADA), Undue Hardship.)

Resisting Arrest – Even if an arrest is a false arrest, you can still be convicted of resisting arrest if you do not allow yourself to be arrested. Many false arrest cases are destroyed because the person is convicted of resisting arrest and that is a crime in and of itself. See our Police Misconduct page. (See also, False Arrest, Police Misconduct, Civil Rights, 42 U.S.C. § 1983, Excessive Force.)

Retaliation – Retaliation can take many forms such as wrongful termination, docking pay, etc. Most employment laws have an anti-retaliation provision. Thus it is illegal for an employer to fire someone because that person files charges of discrimination, requests Family and Medical Leave, or complains that he has not received overtime pay. Please see our Retaliation page for more details. (See also, Title VII, Family and Medical Leave Act, Fair Labor Standards Act, Overtime Claims.)

Settlement – Any time someone files a charge of discrimination or a lawsuit, it is because there is a dispute. But going through all the court processes can be expensive in both time and money. Therefore, people are often willing to resolve their dispute even though they do not agree. We call this a settlement. A case can settle at any time from before it is filed to after a trial. Please see our Lifecycle of a Case page for more details. (See also Mediation.)

Severance Agreement – A severance agreement is a kind of contract in which the company pays an employee a certain amount of money when the employee is laid off so that the employee has some money to support himself while he looks for other work. However, severance agreements come at a price. The company will typically ask the employee to waive any claims he has against the company. So you should always have a severance agreement reviewed by an employment lawyer. Please see our Severance Agreements page.

Sex Discrimination – It is illegal for a company to make employment decisions based on someone's sex or more appropriately, gender. (i.e. male or female) If a man is promoted over a woman the woman who did not get the promotion may have a claim for sex discrimination. But the key is that the decision be based on gender. The fact that a man got a promotion or was hired where a woman was not promoted or hired does not in and of itself mean that the decision was an instance of sex discrimination. It may be that the man was more qualified or that there was some other reason for the decision. A man person may also claim sex discrimination if a woman is hired because of her gender. This is often known as reverse discrimination. Sex discrimination is illegal under Title VII Please see our Discrimination and our Sex Discrimination pages. (See also, Title VII, 42 U.S.C. § 1983, Discrimination.)

Sexual Harassment – Sexual Harassment occurs when sexual conduct is introduced into the business environment. However, not every sexual act is sexual harassment. There are two categories of sexual harassment: quid pro quo sexual harassment and hostile environment sexual harassment. In the former, a supervisor requests sexual favors in return for employment benefits such as promotion or raise. Hostile environment sexual harassment is more common and it occurs when sexual innuendos, jokes, touching, or sexually suggestive comments make the working environment unbearable. Although hostile environment sexual harassment can occur on its own, quid pro quo sexual harassment is often accompanied by claims of a hostile environment. You should review your situation with an employment lawyer. Please see our Sexual Harassment page for more information. (See also, Title VII, Quid Pro Quo, Hostile Environment, Sex Discrimination.)

Statutes of Limitation – A statute of limitations is a law that sets a time period within which a case must be filed or a charge of discrimination must be filed. For example, for most tort claims (personal injuries) in Illinois, the complaint must be filed within two years of the injury. If it is not filed within that time, the claim is waived. The basic reason for statutes of limitations is that people should not have to wait indefinitely to know whether a claim may be filed against them. Please see the specific pages within this website on your topic to determine what statute of limitations applies to your claim. In addition, a statute of limitations may be tolled – continued – for certain reasons. Therefore you need to discuss your case with an employment lawyer.

State Actor – A State Actor is anyone who is acting in the capacity of the government. This usually refers to police officers, but any government official will qualify. Thus, any public official (e.g. school principal, fire chief, mayor, etc.) who discriminates in hiring can be held liable as a State Actor. The Fourteenth Amendment applies to the states, literally stating "No state shall..." Claims brought pursuant to 42 U.S.C. § 1983 reflect the same limitation – § 1983 applies to acts done "under color of law". Thus, having a state actor is important to pursue a § 1983 claim. Note that this is in contrast to 42 U.S.C. § 1981 which relates to private discrimination in contract. (See also, Police Misconduct, 42 U.S.C. § 1983, Freedom from Unreasonable Search and Seizure.)

Suspension – The word suspension is used in several different contexts. It is commonly associated with student suspensions from schools. Where a public school is involved, any suspension of 10 days or more requires that the student be given due process – notice of the charges against him and an opportunity to be heard. The same standard applies when a public entity suspends an employee. Because the right to due process is anchored in the Fourteenth Amendment, a state actor must be involved. (See also, 42 U.S.C. § 1983, Due Process, Freedom from Unreasonable Search and Seizure, State Actor.)

Tangible Action – A tangible action or tangible job detriment is typically an act that impacts a person's financial condition. Things like suspensions without pay, deductions from pay, or termination (including constructive discharge) are tangible acts. Acts of discrimination which do are not tangible such as generalized harassment may not support a charge of discrimination.

Title VII of the Civil Rights Act of 1964 – Title VII is the equal employment section of the Civil Rights Act of 1964 and prohibits discrimination on the basis of race, sex, national origin or religion. See our Discrimination page for more details. A common mistake is the belief that Title VII prohibits discrimination on the basis of age or disability. Age and disability come under the Age Discrimination in Employment Act and the Americans with Disabilities Act respectively. There are important distinctions in these laws. (See also Age Discrimination in Employment Act, Americans with Disabilities Act, Discrimination, Race Discrimination, Sex Discrimination, Ethnic Discrimination.)

Undue Hardship – A company must accommodate religious beliefs and disabilities of its employees unless the accommodation will cause an undue hardship on the company. Undue hardship typically means something more than trivial costs or inconvenience. The burden of proving that an accommodation will cause an undue hardship resides with the company.

Unpaid Wages – Wages are monies earned for work and unpaid wages refer to a failure by a company to pay its employees for monies earned. Depending on the employment contract, some bonuses and commissions may be considered wages under the Illinois Wage Payment and Collection Act.

Verbal Contracts – A verbal contract is an agreement by two parties which is not reduced to writing. Typically proving verbal contracts is difficult, but evidence that the parties worked in accordance with the contract is evidence of its existence. Unlike written contracts which have a 10 year statute of limitations in Illinois, verbal contracts have only a five year statute of limitations. It is important to note that verbal contracts can support a claim for discrimination in contract under 42 U.S.C. § 1981 just as a written contract can. (See also 42 U.S.C. § 1981, Contract Laws.)

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