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Administrative agencies are official governmental bodies
with the authority to direct and supervise the
implementation of certain laws. Administrative agencies
are not courts of law, but their rules and regulations
may have the force of law against the parties involved
in a dispute.
Often,
individuals prefer to resolve their matters through
administrative agencies, which can be more time- and
cost-efficient than court proceedings. Individuals
often do not need the assistance of an attorney in order
to file claims at administrative agencies. In addition,
state and federal courts may prefer that matters proceed
through administrative agencies, since judicial
resources may be preserved in that manner. Other times,
such as when alleging claims of discrimination based on
a violation of Title VII, the ADA, or the ADEA, filing a
charge with an administrative agency is a mandatory
prerequisite to filing suit in federal court.
The
employment law attorneys at Caffarelli & Siegel most
often deal with issues which can proceed before the
Equal Employment Opportunity Commission (EEOC), the
Illinois Department of Human Rights (IDHR), the
Department of Labor (DOL), or the Illinois Department of
Employment Security (IDES).
The EEOC
administers a number of laws which protect an employee’s
right to a work environment free from discrimination or
retaliation on the basis of race, sex, national origin,
color, religion, disability, or age. For most of the
claims adjudicated by the EEOC, filing the charge with
that administrative agency is a mandatory prerequisite
to filing a suit in federal court.
The IDHR
investigates and enforces the Illinois Human Rights Act,
which prohibits discrimination because of race, color,
religion, sex, national origin, ancestry, age, marital
status, physical or mental handicap, military status,
and sexual orientation.
The DOL
is an administrative agency which
administers a variety of
federal labor laws, including those that guarantee
workers’ rights to safe and healthful working
conditions; a minimum hourly wage and overtime pay;
freedom from employment discrimination; unemployment
insurance; and other income support. Employees seeking
information about the FMLA, the ADA, the FLSA, and other
employment laws will find a wealth of information at the
DOL’s website: http://www.state.il.us/Agency/idol/.
The IDES
primarily investigates and awards unemployment insurance
benefits. At Caffarelli & Siegel, we are experienced
with providing services to clients who face appeals at
the IDES and need advice regarding their right to
unemployment insurance benefits.
If you
have questions about the administrative agencies, or
require legal assistance as you file a claim through one
of the administrative agencies, contact Caffarelli &
Siegel to speak to an
employment law attorney.
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