Retaliatory Discharge and Whistleblower Claims

A variety of federal and state statutes, as well as Illinois common law, prohibit retaliation against an employee who engages in certain protected conduct or refuses to engage in certain unlawful conduct.

From a discrimination perspective, for instance, both Title VII and the Illinois Human Rights Act prohibit retaliation against an employee who complains about, either internally or externally, what he or she reasonably believes to be discrimination.

As another example, Illinois common law prohibits a retaliatory discharge against an employee who files for worker’s compensation benefits or who otherwise engages or refuses to engage in conduct that is unlawful or would violate an Illinois public policy.

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