Illinois Sexual Harassment Attorney Blog

Lisa Easi, who was employed as an administrative assistant to chief deputy Terry Tichava, settled her sexual harassment lawsuit against him and the department for $188,000. According to her complaint, Tichava would touch her, make lewd comments and force her into lewd sexual positions. The sexual harassment also included sexual jokes. Easi complained to Tichava's superiors however nothing was done to stop the sexual harassment.

Easi claims she was fired after she filed a complaint with the Equal Employment Opportunity Commission ("EEOC"). This would also be referred to as retaliation. When people settle their lawsuits they don't admit liability as part of the settlement however, paying this large amount of money gives you an idea of the truth of the allegations.

Hilltown Packing Company settles sexual harassment lawsuit for $48,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Filomena Ruelas and other women who worked for the company. According to published reports, Ruelas and others were sexually harassed by their supervisor and then the company engaged in retaliation when they opposed the sexual harassment.

The company which packages Broccoli denied any wrongdoing but the settlement amount should serve as evidence as to what really happened. Supervisors are in a position of authority over employees and they must act in a responsible manner. I am glad that the EEOC stepped in and held the company responsible.

“Women in the agricultural industry are particularly vulnerable to sexual harassment, especially immigrant women who may not be proficient in English and are unaware of their employment rights,” said EEOC Attorney William R. Tamayo.

Terminix International and Service Master are being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment. In addition to the claims of sexual harassment the EEOC is also alleging the companies subjected their employees to a hostile work environment. In the lawsuit it is alleged that Terminix and ServiceMaster permitted a class of female employees to be repeatedly sexually harassed by a supervisor. The sexual harassment included repeated sexual comments by a supervisor directed at a class of female employees. Lawsuits like this tend to settle for big amounts because of the number of people involved.

According to published accounts a supervisor suggested to the female employees that they come to work not wearing a top. The same supervisor told the women to wear nothing but Vaseline. When you make comments like that, it is hard to plan a good defense. This supervisor also made repeated comments to female employees telling them that they could be strippers and could give him lap dances.

“Employers who subject individuals to harassment based on sex are violating federal law,” said Mary Jo O’Neill, regional attorney for the EEOC.

Area Temps will pay $650,000 to settle a discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The discrimination lawsuit is based on age discrimination, gender discrimination, racial discrimination and national origin discrimination. It is rare to find a lawsuit that is sucessful and allegeding all four categories.

According to published accounts of the lawsuit Area Temps unlawfully complied with discriminatory requests made by its clients based on race, sex, national origin and age, and unlawfully fired two of its employees in retaliation for their opposition to Area Temps’ discriminatory practices. The company also fired one employee for participation in the EEOC’s investigation. The company that made the request of Area Temp for the discriminatory practices should also be held accountable.

“The EEOC is pleased that Area Temps joined with the agency to negotiate a fair settlement resolving this matter,” said EEOC Regional Attorney Debra Lawrence.

The Musselman Company will pay $300,000 to a class of female workers to settle a sexual harassment and retaliation lawsuit filed the by Equal Employment Opportunity Commission ("EEOC") on behalf of the women. In court papers the EEOC alleged a class of female farmworkers was subjected to sexual harassment by male coworkers at its processing plant. The sexual harassment included lewd comments and unwanted sexual advances.

The male coworkers also used a forklift to chase women as they walked down the hall. The company wrongfully disciplined or reassigned employees in retaliation for their complaints about the abusive treatment. The EEOC was able to hold the company responsible and make them pay a significant amount of money.

"The EEOC has seen a troubling number of sexual harassment charges filed by farmworkers across the country,” said Debra Lawrence, the regional attorney of the EEOC"

The Louisville Marriott Downtown Hotel pays $40,000 to settle a religious discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). Published reports indicate the company failed to provide an accommdation to four Somali women of the Moslem faith by not allowing them to work while wearing their hijab which is their custom.

Laurie Young, regional attorney for the EEOC said, “Discrimination because of a person’s religion is illegal and will not be tolerated. While that should be clear by now to all employers, some of them sadly continue to ignore the law."

Ashland, Inc. pays $38,000 to settle an age discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit was filed after the EEOC attempted to settle the lawsuit with the company. According to published reports, Michael Roach, who worked as a manager for Ashland, was subjected to
discrimination based on his age. The discrimination comprised of comments about his age and continued when Roach complained about the comments and nothing was done.

Ashland fired Roach because of his age in October 2006 and the EEOC filed the lawsuit shortly after that. You can see how long a lawsuit takes before it finally gets settled. This is a good reason to always try to explore settlement early.

“Age-based harassment, just like other forms of discriminatory workplace harassment, is against the law and should not be tolerated by employers,” said EEOC Regional Attorney Debra Lawrence. “Older workers should be valued for their experience, not viewed as a liability.”

Mike Enyart & Sons, a construction company is sued for racial discrimination and illegally firing an employee who complained about the conduct. The Equal Employment Opportunity Commission ("EEOC") filed the lawsuit on behalf of Mareo Allen an African-American. According to accounts that were published, Allen was subjected to a hostile work environment based on his race, when he worked for the company on a sewer line installation project. While working on that project co-workers and a foreman repeatedly used racially offensive slurs and epithets to Allen and other black persons, including n----r, black boy and colored boy.

The company failed to stop the discrimination and prevent the hostile work environment. In a crazy statement the company told Allen he could only stay employed if he agreed not to pursue his discrimination claims. When Allen refused to withdraw the discrimination claims, the company terminated him in retaliation for his opposition to the racial harassment.

“It is appalling that the company not only condoned the vile and offensive racial epithets made to Mr. Allen, but actually warned him that he had to drop his complaints about the racial harassment in order to keep his job,” said EEOC Attorney Debra Lawrence

Oracle Transcription Company pays $30,000 to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Mary Bobik. According to published documents, Oracle denied Bobik a position as a full-time medical transcription editor even though she was well qualified. Oracle’s supervisor told Bobik that they didn’t want to stress her out with the responsibilities of a full-time position, even though she had worked at Oracle Transcription for 20 years and was regularly assigned to work more than 60 hours a week as a part-time editor.

In a case like this it is easy to prove a violation of the Americans With Disabilities Act ("ADA") because Bobik had nearly 20 years as a medical transcriptionist and as an editor. Additionally she was physically capable and willing to perform the duties. Instead of giving her the job another person with less qualifications was given it. This is a violation of the ADA and I am glad to see Bobik get compensation from the company.

A federal district court ordered an employer to stop questioning Hispanic farm workers who filed charges of sexual harassment and retaliation with the Equal Employment Opportunity Commission ("EEOC") concerning their immigration status, employment history and, in one woman’s case, her sexual history. The employer is this case was trying to kick up as much dirt as possible to distract from what was really taking place.

The Judge reasoned that the public interest would be far better served if meritorious discrimination claims were filed by immigrants regardless of their status. Another words, if people have to fear being deported or getting into immigration trouble they are less likely to come forward and complain about sexual harassment or other forms of discrimination.

Sears will pay $30,000 to settle an age discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a 61-year old applicant who was turned down for employment. According to the lawsuit, Sears refused to hire the man into an entry-level loss prevention/asset protection position despite his qualifications and 27 years of investigative experience. This type of conduct is illegal and violates the Age Discrimination in Employment Act ("ADEA").

This type of case is a good example of how large corporations don't believe they are accountable. This man had a ton of experience and was well qualified yet the company decided to not hire him and instead hired a less experienced and less qualified individual. Hopefully after paying this settlement and getting the unwanted attention, Sears will act different in the future.

“We are pleased that Sears worked cooperatively with the EEOC in bringing a resolution to this case,” said EEOC Supervisory Trial Attorney Judith G. Taylor of the EEOC.

An Elks Lodge in Jerseyville Illinois will pay $107,500 to settle a sexual harassment lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of three female bartendors. According to the lawsuit the club’s trustees sexually harassed the three female bartenders. Details of the claims include that three trustees made repeated unwelcome sexual advances and sexually explicit comments to three bartenders but when the women complained, they were threatened, their hours were cut and they were assigned the least desirable shifts. This type of treatment is also referred to as retaliation.

One woman was fired, and the other two felt forced to quit. When an employee feels that because of discrimination directed toward them they must quit their job, the legal term utilized to describe it is constructive discharge. As part of the settlement, the Elks Lodge also agreed to conduct sexual harassment training for Elks managers and employees and to report complaints of sex harassment made by Elks employees to the EEOC regional attorney for a period of three years

Two police officers won a sexual harassment lawsuit and received $300,000. The person who did the sexual harassment was an openly gay male colleague in the New York Police Department. According to details of the lawsuit, Lt. Kieran Crowe sexually harassed Sgt. Dominic Coppola and Sgt. Sean Gallagher. The sexual harassment included Crowe making sexually explicit gestures with his hands and his tongue at the male officers. One of the manual gestures the officers complained about was Crowe allegedly rubbing his crotch in front of them.

In a remarkable defense strategy, Crowe testified that if he had rubbed his crotch, it was due to medical conditions. He even brought in a medical expert and his dermatologist confirmed that Crowe had suffered from jock itch. The administrative law judge did not buy that rubbish and awarded the large amount to the two men. Sexual harassment does not just involve members of the opposite sex. Same sex harassment or harassment based on sexual orientation is also against the law and if you are subjected to it, you may be entitled to monetary damages.

EEOC lawyer Ernest Haffner said, "It’s certainly possible that there’s more sexual harassment of men going on, but it could just be that more men are coming forward and complaining about it."

Carmel City will pay $600,000 to settle a sexual harassment and age discrimination lawsuit. The lawsuit was filed against the city because allegedly the city's top administrator Rich Guillen sexually harassed Jane Kingsley Miller, the city's human resource manager. After Miller rejected the sexual advances she claims Guillen engaged in retaliation. Miller alleged in her lawsuit that the office was a buzz with sexual activity and two women who had sex with Guillen were rewarded while her position was eliminated after she refused to have sex with Guillen.

In the lawsuit Miller alleged that what was going on in the office was common knowledge around City Hall and nothing was done to stop it. Miller was 63 years old and anyone over the age of 40 may allege age discrimination if they have facts to support it. Cases like this show how public entities throw tax payer money around like there is a printing machine in the back room. I don't know what Miller was making per year in salary but the smarter thing to do would have been to buy her position out and retire her once she came forward with complaints. Also, if the city had investigated this properly, and put a stop to it, perhaps they could have saved a great deal of money. By paying this amount of money, the city realized it had a losing case, the typical language about paying to end litigation but not acknowledging liability is laughable when you pay over half a million dollars.

"By resolving this matter and avoiding months of litigation and expense we can look forward to redirecting more energy and resources to the many challenges facing the city in these uncertain economic times," the city's press release said.

Adecco settled a retaliation lawsuit that was filed by the Equal Employment Opportunity Commission ("EEOC") for $62,500. According to published accounts, Adecco disciplined and fired Jeffrey A. Byard, a former office supervisor because he spoke out in support of his supervisor when she complained of sexual harassment by her boss. In sexual harassment and other discrimination cases, they people who are part of the investigation also have protections.

Title VII of the Civil Rights Act of 1964 makes it unlawful to retaliate against an employee because he testified, assisted, or participated in a proceeding protected that law. I see many cases where the company retaliates against people who are involved in an internal investigation and it ends up costing the company more to settle those cases than the original case. This company needs better internal processes in place with regard to conducting a proper investigation. I bet after paying this amount of money they will put better processes in place.

“Claims of retaliation are taken very seriously by the EEOC,” said Mary Jo O’Neill, EEOC Attorney. “Employers cannot take action against employees because of their participation in employment discrimination claims, either as a witness or because the employee gave a statement, as Mr. Byard did."

Vandy Glenn a transgender woman won a gender discrimination lawsuit against the Georgia General Assembly, after she was fired because she started to transition from male to female. Glenn, was hired as editor of the State Office of Legislative Counsel five years ago and a year after she was hired, she decided to change from a male to a female. She was terminated from her position after Sewell Brumby, the director of the office said he worried how other people would react. This could have been a retaliation lawsuit because she was fired in retaliation for not conforming to the illegal views of her supervisors.

I would like to congratulate Glenn on her victory and on hanging tough and protecting her rights. Getting fired while you continue to do a great job is unconscionable. It amazes me that some organizations still live in the stone age and can't quite get their brains around the idea that not all people are the same. This country was built on individuals rights and allowing people the freedom to live how they choose within the law. Vandy Glenn by all accounts was a great worker and deserved to be treated much better than this. I am glad she is getting her just rewards. The court will be holding a damages hearing later and I hope her bank account gets full.

Sewell Brumby said that "lawmakers would view her transition as immoral."

Home builder John Wieland Homes pays $378,500 and must hire at least 10 blacks and women in management positions over the next six years to settle a racial discrimination and gender discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit was filed on behalf of one white woman and five black sales agents. The lawsuit was the culmination of various lawsuits and investigations into the employment practices at this place of business. It is good to final see a resolution to all of the employment law issues.

According to published reports Wieland discriminated against black sales agents by purposely sending them to specific housing subdivisions based on the race of the surrounding community. The black sales agents ended up mainly in black subdivisions which did not have the same dollars in sales as the white subdivisions. Because of this black sales agents earned less than their white counterparts. People have to be given a level playing field in order to properly compete with their counterparts.

Robert Dawkins, attorney for the EEOC, said in a statement. "This resolution provides relief to the last remaining victims of that alleged practice.”

Health Delivery Inc. will pay $45,000 to settle an Americans With Disability Act ("ADA") lawsuit with the Equal Employ­ment Opportunity Commission ("EEOC"). In the lawsuit the EEOC alleged Health Delivery, Inc. unlawfully refused to return to work an employee with a record of depression even though she had completed a course of treatment and had been approved to return to work by her doctor. This was in violation of the ADA and is a form of discrimination.

The lawsuit claims Linda Perry was a capable nurse for more than five years with Health Delivery, but the company refused to return her to work after a leave of absence because of her history of major depression. This type of treatment of a good employee not only violates the law but is just bad business. Hopefully the company will undergo some serious discrimination training and treat future employees better. This year is the 45th anniverisary of the EEOC and they continue to do a great job.

“We are pleased with the relief provided by the consent decree,” said Dale Price, EEOC attorney. “It provides meaningful relief to Ms. Perry and protections for the employees of Health Delivery."

Billboard company Trinity Products, Inc. pays $55,000 to settle a sexual harassment and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female assistant. According to the published documents in the lawsuit a high-level manager sexually harassed the assistant with offensive language and gestures. Additionally the manager asked the assistant for sexual favors.

The female rejected the advances and because of that the manager tried to replace her. She also complained about the conduct of her manager and that resulted in her discharge. Such conduct is called retaliation. It is unlawful to fire someone because they are complaining about sexual harassment. This is a classic case of the company trying to sweep a person complaining under the rug. Hoepfully the company will spend some time training its' managers and other high ranking employees on discrimination law and give them a primer on sexual harassment.

“Federal law mandates a workplace free from sexual harassment and retaliation for reporting such misconduct,” said Barbara A. Seely, attorney of the EEOC.

Terminix International pays $80,000 to settle a pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a pregnant female employee. Terminix fired the employee after forcing her to take medical leave. Once the female became pregnant she informed management about a medical restriction against handling pesticides. The company did honor the restriction for her but for only six weeks, and then they fired her.

The company claimed they had to fire her because they did not have enough work for her to perform with the restrictions. However after firing her Terminix hired two male employees to perform reinspections that the female technician could have performed. Another words, there was work she could have performed and instead of letting her work, they chose to fire her. The EEOC could have also filed gender discrimination charges against the company because the fired a female and hired two males to take her job.

“Pregnancy discrimination charges have nearly doubled since 1992,” said Faye Williams, attorney for the EEOC. “Many employers operate on the mistaken belief that they may treat pregnant employees differently by forcing them to take medical leave and then terminating them. This settlement should place employers on notice that pregnant employees may not be singled out for termination or forced medical leave.”

Linda Lanosa who is a police dispatcher claims she experienced repeated sexual harassment at work and is suing for $250,000. In her lawsuit Lanosa claims Sgt. Brian Thies made comments about her breasts and asked her to flash him in the bathroom, among other things. Lanosa also accused Thies of performing a lewd act that he broadcast over the police radio. State police conducted an investigation that exonerated him. This case sounds like it will be a real battle.

The town questioned the validity of Lanosa's claims, saying that any workplace issues should have been reported to a town official immediately and noted she waited a long period of time before complaining. I see this happen often where someone is the victim of sexual harassment and they wait a long time to report it. There are many reasons for this, sometimes the person thinks they can handle the problem and doesn't want to rock the boat.

“There's nothing the town did against Linda Lanosa,” Mayor Dunn said. “The taxpayers shouldn't have to bear the brunt of this.”

The only thing worst than being subjected to sexual harassment and retaliation for either reporting the sexual harassment or rejected the advances is to not be able to prove your case and therefore be left holding the bag. It is very important to have either a witness or a tangile piece of evidence that will support your allegation. I won't spend much time on the witness because if you have one, that person can speak to what happened. One thing I would say about witnesses in general are that sometimes they are reluctant to come forward because they fear for their job. The point is, sometimes you think you have witnesses but when it comes right down to it, you won't.

The next best evidence are the words from the harasser. The best way to get his words are if he leaves a voice message or is he sends you a text or email. Remember in Illinois you can't record someone without their permission. On the other hand if the person leaves a voice message, he is consenting by leaving the message so saving his message is legal and you can utilize this at trial. If your harasser sends you a text message save it and get in touch with an attorney early on so he can show you how to properly save the text message for use later on. Your case will first be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC") and 90% of all cases settle so there is a good chance you will never have a trial.

Continue reading " Proving Your Sexual Harassment Lawsuit " »

Chilbo Myunok USA LLC, a Korea-based food company which owns a Los Angeles restaurant and a chain of fast-food stores in Korea, pays $170,000 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a class of waitresses. According to published reports the waitresses were sexually harassed at the Chilbo Myunok restaurant and four of them were forced to quit to escape the harassment--this is commonly referred to as a constructive discharge. When the harassment gets too severe and a person can no longer work because of the harassment they are forced to quit and this is a separate discriminatory act that is compensatable.

Details of the lawsuit include the victims facing continuous verbal and physical sexual harassment from the restaurant's manager. The manager, who has since been fired, repeatedly subjected the women to sexual touching with a sexual device and to unwanted hugging and kissing. The EEOC many times will take up cases where there are more than one victim and they can get more bang for the buck. If there were only one waitress the chances are the EEOC would issue a right to sue letter and the waitress would be left to hire a private attorney to continue the lawsuit. In Illinois I prefer to file directly with the Illinois Department of Human Rights ("IDHR") which automatically cross-files with the EEOC. I believe the IDHR does a faster and more thorough job than the EEOC of investigating individual charges.

"By working with EEOC this way, Chilbo Myunok has clearly shown its commitment to making needed changes to policies and practices to ensure equal employment opportunities for all of Chilbo Myunok's employees," said EEOC's Perry.

The state of Oregon and former Public Safety Standards and Training director John Minnis pays $450,000 to a woman who had accused Minnis of sexual harassment. Minnis no longer works in his position as he was forced to quit after the allegations in the lawsuit became public. The woman who remains annonymous worked for Minnis and alleged that he sexually harassed her at the job and exploited her alcoholism in attempts to seduce her on business trips.

What was utilized to prove the sexual harassment was a timeline of events that was out of place along with the statement of the woman. In this case Minnis promoted the woman then gave her a raise that was out of the norm. Minnis and Doe attended a work-related conference in Bend and at that conference Minnis groped Doe in a hot tub and in his room, but she told him that she was not interested. Even though this would be her word against his, the other evidence provided a story of its own.

Continue reading " Woman Receives $450,000 To Settle Sexual Harassment Lawsuit " »

Silgan Containers Manufacturing Corporation pays $45,000 to settle a racial discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of an African-American man who suffered discriminatory treatment that resulted in his termination. According to published documents Silgan intentionally delayed the hiring of Romardro Henderson and then firied him because of his race.

When Henderson was finally hired, his immediate supervisor subjected Henderson to disparate and discriminatory treatment such as holding him to a higher standard on his work than non-black employees. Silgan fired Henderson for racial reasons after less than one month on the job. The supervisor who subjected Henderson to the treatment is no longer working for the company. This case illustrates how one person can engage in discrimination and hold the company responsible. The company must do a better job training its' employees and management.

“This case demonstrates that racial discrimination in the American workplace is a serious and ongoing concern,” said John Rowe, EEOC district director in Chicago.

EPI Avanced a company that makes plastic injection moldings pays $190,000 to settle a sexual harassment case which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of several female workers. According to published reports, a male supervisor and a male co-worker made sexually explicit comments and propositions toward the females workers and it even escalated into physical contact. In some instances women were grabbed and touched.

The allegations of sexual harassment were brought to the attention of management, but management failed to stop the sexual harassment. I bet after paying $190,000 management will take allegations and complaints of sexual harassment more serious in the future. It amazes me that a company could take such a neutral stance toward sexual harassment and didn't spend more time investigating the problem and fixing it. I am glad these females pursued their claim and made the company pay. Good job for hanging in there and fighting for their rights.

McGriff Industries, Inc. pays $100,000 to settle a racial harassment and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Todd Roseborough, Sr., Paul Hogan and Aaron Greenwood all African-American employees. According to details in the lawsuit employees and managers used racially derogatory comments, slurs, and insults directed at African-Americans employees. The racial misconduct escalated to threats and intimidation, including a derogatory threat to cut one of the black employees.

Both white and black employees were offended by the racial harassment but were retaliated against when they complained. In once instance an employee was terminated when he complained about the discrimination that was taking place. This type of behavior by a large company is outrageous. These individuals hung in there and fought for their rights and in the end they prevailed. Hopefully, the company will not wish to dole out this kind of money in the future and will better train employees on the proper work behavior.

“This case is important because no employee should be subject to racism in the workplace and every employee can be offended by a racially hostile work environment,” said EEOC Birmingham District Director Delner Franklin-Thomas.