Retribution is specifically prohibited in the workers’ compensation statutes. An employee cannot be terminated for either filing a claim against an employer nor can the employee be terminated for winning a claim. However, it does happen and often the cause of termination is not always clear. Discrimination of this kind can be prohibited within the statute’s prohibitions and can also be violations of the Civil Rights acts.
As a paralegal, ask yourself the following questions:
- Is there a difference between discrimination under the workers’ compensation laws and between the Civil Rights acts?
- Is a discrimination claim under workers’ compensation filed in the same manner as a wage loss and medical claim?
Pat Greene was fired from his teaching job after making the counter offer to settle. He believes that this was discriminatory and wants your firm to file an additional lawsuit against the school. Analyze the relevant Illinois statutes and case law, and draft a letter under the supervision of your attorney to Greene outlining your findings and recommendations on whether or not to pursue a discrimination claim. In addition, how would your attorney advise Greene on how filing any discrimination claims may affect his workers’ compensation claim?