Workplace discrimination isn’t always obvious, but when employees are treated unfairly because of a protected characteristic, it may be a case of disparate treatment. Under Illinois law, particularly the Illinois Human Rights Act (IHRA), employees have the right to a workplace free from discrimination based on factors like race, sex, age, disability, and more.
If you suspect that you’ve been treated differently than your coworkers because of your race, gender, disability, or other protected status, you may have a legal claim for disparate treatment discrimination.
What Is Disparate Treatment in Employment?
Disparate treatment occurs when an employer intentionally treats an employee differently based on a protected characteristic under Illinois law. This means that:
- The employer knows the employee belongs to a protected class.
- The employee is treated less favorably than others in a similar situation.
- The employer’s actions are not justified by a legitimate business reason.
Unlike disparate impact, which involves policies that unintentionally harm a protected group, disparate treatment is intentional discrimination.
Protected Characteristics Under the IHRA
The Illinois Human Rights Act (IHRA) prohibits discrimination based on:
- Race
- Color
- National Origin
- Sex, including pregnancy
- Age (40 and over)
- Disability
- Religion
- Marital Status
- Sexual Orientation
- Gender Identity
- Military Status
- Arrest or Conviction Record
- Order of Protection Status
If an employer makes decisions based on any of these characteristics, they may be engaging in unlawful disparate treatment.
Examples of Disparate Treatment in the Workplace
1. Hiring and Promotions
- A qualified Black applicant is passed over for a job in favor of a less-qualified white applicant.
- A pregnant employee is denied a promotion, despite having the best qualifications.
2. Discipline and Termination
- A Latino employee is fired for being late twice, while white employees who are late more often face no consequences.
- A disabled worker is let go after requesting an accommodation, even though non-disabled employees receive flexibility.
3. Unequal Pay and Benefits
- A female employee is paid less than her male coworkers for doing the same job.
• A company refuses to provide health insurance to employees in same-sex marriages but covers opposite-sex spouses.
4. Harassment and Hostile Work Environment
- A manager makes racist jokes toward an employee and refuses to assign them desirable projects.
- A company targets older employees for layoffs, replacing them with younger workers.
How to Prove Disparate Treatment in Illinois
To bring a disparate treatment claim, employees must show that:
- They belong to a protected class (e.g., race, gender, age, disability).
- They were treated less favorably than others in similar positions.
- The employer’s reason for the treatment was discriminatory and not based on legitimate business needs.
Employers often try to justify their decisions, so it’s critical to gather evidence like:
- Emails or statements showing bias
- Company policies applied inconsistently
- Performance records proving qualifications
What to Do If You’ve Experienced Disparate Treatment
If you believe your employer has treated you unfairly due to your race, gender, disability, or other protected status, you have legal options under Illinois law:
- Document Everything – Keep records of discriminatory actions, emails, and unfair treatment.
- Report the Issue – File a complaint with HR or your employer’s EEO office.
- File a Charge with the Illinois Department of Human Rights (IDHR) – You have 300 days to file a claim for employment discrimination.
- Consult an Employment Attorney – A lawyer can help determine if you have a case and guide you through legal proceedings.
Fighting Workplace Discrimination with Justice Legal Counsel
Discrimination has no place in the workplace. If you believe you’ve experienced disparate treatment, you may be entitled to legal remedies under the Illinois Human Rights Act.
At Justice Legal Counsel, we help employees fight for their rights. Contact us today for a consultation to discuss your case and explore your legal options.