Illinois Sexual Harassment Attorney Blog

What happens when you come into work every day and your boss says you look hot or that sweater makes your chest really stand out? Are these types of remarks appropriate? Is there anything you can do about it? What does the law in Illinois saw about this? Of course this will be a case-by-case basis but generally if your boss is constantly making you feel uncomfortable by his comments about your looks, you may be the victim of sexual harassment by the creation of a hostile work environment. In Chicago and elsewhere in Illinois you can file a claim of discrimination at the Illinois Department of Human Rights ("IDHR"). However, you are better off speaking with an experienced employment lawyer and letting him file the charge for you.

My Chicago office gets many calls about employees who are tired of the remarks their boss makes about their looks. Employees are entitled to a certain degree of respect in the workplace and are protected from constant remarks which make them feel disrespected and humiliated. It is very important to speak with an employment lawyer early in the process to ensure your rights are protected and valuable evidence isn't lost. Remember the company is not going to protect your rights, only you and your attorney can do that.

The city of Methuen will settle a sexual harassment lawsuit for $250,000. The sexual harassment case involves legal secretary Fulya Metin Campanelli and former city solicitor Maurice Lariviere who was her boss. According to published accounts the main claim was that Lariviere engaged in sexual harassment years before and the city did nothing to stop it and to punish him for it. This led him to believe he could continue to engage in sexual harassment and put her in close proximity with him. Another words she is saying that if they had fired him or given him discipline before he would not have been in a position to sexually harass her in the future like he did.

The history of a person accused of sexual harassment comes into play when a situation like this occurs. You can't put a person under the control of a person who has a history of sexual harassment without the proper monitoring in place. In affect you are putting fresh meat in front of a wild animal. In this case the wild animal cost he city $250,000. These types of employment law cases are very expensive, especially since the city also had to pay its' own lawyer a great deal of money to defend the case prior to settlement.

"The hardest and smartest thing to do is approve this and get this behind us,""It's a six-year horror show." said Councilor Michael Condon.

Continue reading "Methuen Settles Sexual Harassment Lawsuit For $250,000" »

My Chicago office gets many calls regarding what is sexual harassment in Illinois. Of course there are certain actions that are easy to identify as sexual harassment. But sometimes there are gray areas on what is sexual harassment. For example if a co-worker asks you out for a date one time that would not be sexual harassment. But if you keep turning him down and he doesn't stop that could be considered sexual harassment. Or perhaps after you turn him down he starts acting like a jerk at work and starts saying nasty things about you--that would be sexual harassment. In this type of situation it s a case by case basis. The facts will matter and should be evaluated by an employment lawyer.

Now if the person asking you out is your supervisor or another person in management who has any type of control over you, it may be sexual harassment the first time. The reason is that if you turn the person down you could feel that it would impact your job. And if you turn the boss down and something bad does happen at work, even if it isn't tied directly to turning him down for a date, it sure looks bad. It is a very bad practice for management to ask out employees. So if you are at work and are being asked out for a date and you don't want to go out, you have options. Contact an employment lawyer and find out if you are the victim of discrimination in the form of sexual harassment. If you are we can file a complaint at the Illinois Department of Human Rights.

The Equal Employment Opportunity Commission ("EEOC") received a record 99,947 charges of employment discrimination in 2011. With all of the calls to my Chicago office I am not suprised that the number of discrimination complaints is on the rise. I get so many calls about sexual harassment that I am amazed the number of complaints isn't higher. It is very important for employees to realize that they have rights and they have a place to turn to. It is imperative that you contact an employment lawyer who can help you navigate the EEOC and other agencies.

The EEOC obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year 2011. This is a fantastic amount and this shows how widespread the employment discrimination is. There are state agencies that also investigate employment discrimination and I prefer to file directly with the Illinois Department of Human Rights ("IDHR") because they do a faster and better job of investigating issues. However the imporant thing is to file with either agency and protect your employment rights.

United Insurance Company of America pays $37,500 to settle an Americans With Disability Act ("ADA") lawsuit. The ADA lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after first trying to settle with the company. According to published accounts Craig Burns was a recovering drug addict who was enrolled in a methadone treatment program for many years. In January 2010, United Insurance offered Burns a position as an insurance agent conditioned upon Burns’ passing a drug test.

The problem was Burns’ drug test showed the presence of methadone in his system. Because o this Burns submitted a letter to United Insurance from his treatment provider explaining that he was participating in supervised methadone treatment program and taking legally prescribed medication as part of the treatment. Upon receiving this information, United Insurance notified Burns that he was not eligible for hire and withdrew its offer of employment. This act is illegal and the EEOC held the company to the law.

“The ADA requires employers to make an individualized assessment of whether an individual can do the job rather than relying on fears or stereotypes,” said EEOC attorney Lynette A. Barnes.

So what happens after you file your sexual harassment complaint with the Illinois Human Rights Commission ("IHRC")? Well you would have already gone through the Illinois Department of Human Rights ("IDHR") and will have an idea of the companies position against you. The key will be to evaluate your chances of success at the IHRC. Remember the standards are much different at the IHRC than they were at the IDHR. For this reason it is very important to be represented by an experienced employment law attorney. Things can get very tricky with the IHRC and you need to properly propound discovery to the other side. Additionally you must know the proper way to answer the discovery that is coming your way.

It is my experience that most cases will settle at the IHRC because the risk of a loss by the company is too great and too expensive. Remember if you are successful at the IHRC you can get your attorney fees, back wages and you can ask to be reinstated. Additionally you the Commission can file a document whereby the company can't get any government contracts for up to two years. This is a powerful incentive for the company to settle. Can you imagine if the company is getting two million dollars of government contracts per year. Do you think they are going to risk this on your case? But in order to put this type of pressure and leverage on the company you must be experienced in these types of negotiations.

Choctaw Transportation Company, Inc. pays $75,000 to settle a racial discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of an African-American job applicant. According to published accounts the company refused to hire a black job applicant for a deckhand position because of his race. The applicant was qualified and should have been hired for the position.

This isn't the first problem for Choctaw. The EEOC alleges Choctaw has been discriminating for decades against black workers. Apparently Choctaw segregated its work force and has refused to hire blacks in deckhand positions. This type of activity is hard to believe. The company now has been exposed and the EEOC held the company to the laws that apply regarding employment. Hopefully this type of activity will not occur in the future at this company.

“Employees should not be subjected to racial discrimination in hiring, as it is a violation of federal law,” said EEOC attorney Faye Williams.

Rafael’s Italian Restaurant will pay $25,000 to settle a sexual harassment lawsuit. The sexual harassment lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of various female workers. Some of the females were actually teenagers which makes this even more horrific. According to published accounts the sexual harassment was going on for years and management did not stop it. The harassment included crude comments of a sexual nature directed at the females. If that weren't bad enough there were even requests for sex.

In an even more troubling allegation some of the male workers even used vegetables to simulate sodomy and to hit the victims between their legs. It is hard to believe this type of behavior went on without management intervening on behalf of the female workers. Can you imagine sending your daughter to work in a hostile work environment like this? As a result of this settlement the company will have to undergo sexual harassment training and draft a written policy on sexual harassment for all employees to see. I hope there are changes to management and this doesn't happen in the future.

“Allowing serial harassers to victimize female employees without facing consequences is a clear violation of federal law,” said EEOC attorney Faye A. Williams.

Findlay Honda will pay $150,000 to settle a retaliation and racial discrimination lawsuit. The lawsuit was first filed on behalf of to two black employees by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts a parts department manager made racially derogatory comments and jokes on a near-daily basis to the two black employees. I know it is hard to believe this type of behavior takes place but it does. Not only did that happen but he also imposed stricter work-related rules on black employees. This type of discrimination is referred to as different terms and conditions.

Two black employees were eventually fired, one after communicating that he was going to file a discrimination charge against the company. This is referred to as retaliation. If you have a negative job action taken against you after complaining about discrimination you have a valid retaliation claim. The amount paid by the company shows they realize they did something wrong and want this to go away. I am glad the EEOC made the company pay up and helped the two workers get some satisfaction.

“We commend Shack-Findlay Automotive for taking proactive measures to ensure a workplace free of discrimination,” said EEOC attorney Anna Y. Park

What happens in Chicago if you boss is making your life so miserable that you can no longer work? Well if there is an underlying complaint of discrimination you will have a claim for a constructive discharge. Constructive discharge in Illinois means that if you are being discriminated against and it creates a hostile work environment that a reasonable person would not tolerate you can quit and it is treated legally as a termination. However, if there is no underlying complaint of discrimination you have a problem. In Chicago and throughout Illinois there is no general harassment law. This means if the boss is just a jerk you get no protection.

So what happens next if you quit your job? Well I would do two things. First I would file a claim with the Illinois Department of Employment Security and second I would file a multiple count claim with the Illinois Department of Human RIghts ("IDHR"). The claim would be for the underlying discrimination and for constructive discharge. Remember that the more legitimate claims you have the better off you are. Chicago is seeing a rise in the number of constructive discharge claims and filing quickly is the best thing to do. Act fast and protect your rights if you are the victim of discrimination at work in Chicago.

My Chicago offices gets calls all the time from people who report sexual harassment at work and then get fired. Sometimes they don't get fired but get demoted or the boss starts to really put the screws to them. In any event they get a negative job action after reporting the sexual harassment. In Illinois this is referred to as retaliation. If this happens to you at work, you can file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR is tasked with investigating complaints of sexual harassment, retaliation and other forms of discrimination. There are strict time limits for reporting the activity so it is important that you act fast. Don't forget to save as much evidence as possible. This means printing out email's and text messages before they are erased.

The IDHR isn't tasked with anything more than investigation the complaint. If the investigator finds substantial evidence, you can then file a complaint with the Illinois Human Rights Commission ("IHRC") where you will have your trial in front of an administrative law judge. The IHRC can be a very tricky place and it takes experience to navigate. The important thing is at the IHRC you need evidence to prove your case. It is important to have an organized plan of attack.

Matrix, L.L.C. pays $450,000 to a class of 15 former employees to settle a racial discrimination and retaliation lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the employees. According to published accounts Matrix officials told white supervisor Barbara Palermi not to hire any more black cleaners. When Palermi hired additional black cleaners based on their qualifications to do the job, Matrix dismissed her in retaliation for opposing the company’s racial discrimination. It is amazing that this type of activity still exists in the United States--but it does.

The EEOC alleged that Matrix management officials also discriminated against the black cleaners by insisting they sit in the back of the cafeteria during break times. At one point they even forbid them from using the cafeteria at all. To make matters worse and in an amazing turn of events Matrix fired all of the employees at the worksite and replaced them with an entirely non-black cleaning crew.

“We commend the company for its agreement to carry out the significant equitable relief provided in the consent decree, including providing expansive annual training, which will benefit all company employees,” said EEOC Attorney Spencer H. Lewis, Jr.