Illinois Sexual Harassment Attorney Blog

I get calls from people who have cases at the Illinois Human Rights Commission ("IHRC") regarding how to proceed with discovery. My first piece of advice is to tell them to hire an experienced employment lawyer. Discovery is where a case can be won or lost. It is also instrumental in getting information that will lead to a good settlement. For example if you have a sexual orientation or sexual harassment case pending before the IHRC, you would want to get evidence the other side has of the discrimination. A good starting point would be text messages and emails that were uncovered by the company investigation.

Usually if you file an internal complaint of discrimination the company will do some sort of internal investigation. Documents uncovered during the investigation may be very relevant to your case. The documents get even more important if the company engages in retaliation against you after you complain about the sexual harassment or sexual orientation discrimination. There are no short cuts when it comes to discovery and how clever and complete your discovery requests are may decide how much money you end up with in your pocket.

What is a constructive discharge in Illinois? A constructive discharge occurs when an employee is put in a position because of discrimination that a reasonable person in the same position would quit. Under the law a constructive discharge is treated as a termination by the employer. If a person is subjected to a hostile work environment because of discriminatory behavior, the person can file a complaint with the Illinois Department of Human Rights ("IDHR"). Under the law the person would have 180 days from the last date of the discrimination to file such a complaint.

After a complaint works its' way through the system with the IDHR two things will happen. Either a finding of substantial evidence or lack thereof. There is actually a third option, the IDHR doesn't complete its' investigation within one-year and a right to file directly with the Illinois Human Rights Commission ("IHRC"). The IHRC is where the actual trial will take place and where remedies occur. It is very important to consult with an employment lawyer early in the process to maximize your chances of getting either a good settlement or judgment.

The Illinois Human Rights Commission ("IHRC") is the place where a sexual harassment complaint will be heard after you file your complaint with the Illinois Department of Human Rights ("IDHR") and get a finding of substantial evidence. You also have the option of filing your case in the local circuit court. My Chicago office handles many sexual harassment cases at the IHRC and people are foolish to not hire an experienced attorney when proceeding at that venue.

The IHRC has its' own rules and procedures which many attorneys are not familiar with. If you have an attorney who is experienced with these, it puts you in much better shape of settling your case or winning your case. Remember that sexual harassment usually creates a hostile work environment for you and other employees and you may be still working even while your case goes to trial. Taking steps to maximize your chances of winning is the best course of action. The first such step is to hire a good, aggressive and experienced employment lawyer.

Imperial Security, Inc. agreed to settle a religious discrimination lawsuit for $50,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Julie Holloway-Russell. According to published accounts Imperial refused to accommodate the religious beliefs of Russell, who is Muslim. In fact to make matters worse they actually terminated her. This type of activity is also known as retaliation because she complained about being discriminated against.

Russell wore a khimar, which is a religious garb which covers her hair, ears, and neck, as required by her religious beliefs. She wore this when she interviewed for the job of security guard so the company was well aware that she wore this daily. The problem started when she reported to her first work assignment wearing her khima and was told to remove it. She refused to do so because her religious beliefs mandated that she wear the religious head covering. She was terminated at that point.

“The 21st century workplace is increasingly diverse and the resolution of this lawsuit should remind all companies of their legal obligation to provide a reasonable accommodation of an employee’s religious beliefs.”said EEOC District Director Spencer H. Lewis, Jr.

Well it's getting close to the holiday party and my office will be getting a few calls, directly after the parties. You may wonder why I can be sure I will be getting calls after company holiday parties. The reason is simple, when you combine alcohol with poorly trained managers, and women you get a sexual harassment case. What happens is people are under the mistaken belief they can act poorly and do things outside of work that they wouldn't do in a normal work place. Managers will made crude comments or attempt to have sex with employees and generally make asses out of themselves.

Try to imagine the hostile work environment that gets created for the employee after the boss tries to have sex with her at the holiday office party. How is she suppose to go into work the next day and act like nothing happened? It is amazing how often this type of activity takes place and the lack of training companies provide to management prior to the parties. If you want to ensure a good holiday party make sure your management employees know that sexual harassment isn't something that belong at the party.

A big question my Chicago offices gets is when a case gets filed at the Illinois Human Rights Commission ("IHRC") for trial who pays the attorney fees. As you can imagine, attorney fees can get very expensive and most people can't afford them. My office takes cases before the IHRC on contingency fee only for the client. However, that doesn't mean that the losing party is off the hook for attorney fees. My offices hourly rate is $250 per hour and I always ask for attorney fees from the Respondent in the case. Attorney fees can easily run $30,000-$60,000 in an average hostile work environment case by the time the case goes to trial and the judge issues a decision.

There are many reasons for such high fees. First, the case starts at the Illinois Department of Human Rights ("IDHR") and that process takes over a year. Most cases especially those involving sexual harassment have email, text messages and other detailed information. Next, the parties usually try to settle and if not there is a good deal of discovery at the IHRC. Discovery is very expensive in both time to process the information and then at trial to prepare that information for the actual trial. The good news for Complainants is that most of the time plaintiffs don't have to pay for the attorney fees of Respondents even when they lose.

MMS Resources, Inc. pays $365,000 to settle a sexual harassment lawsuit. The sexual harassment lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a class of female workers. According to published accounts the president of the company Pat Reed did the sexual harassment. The sexual harassment included sexual comments and touching. In a shocking allegation Reed also had coerced sexual intercourse with employees.

If the employees didn't go along with the sex Reed threatened retaliation. The women were threatened with losing their jobs, raises, promotions or other employment opportunities in the community, if they complained at all. This type of behavior is unreal and I can't believe he actually did this. I am glad the EEOC held the company to a higher standard and made them pay this much money. In the future I hope this guy isn't anywhere near women.

“Employees should be free from harassment based upon their gender, and those who complain about such misconduct should not be in fear of losing their jobs,” said EEOC attorney Webster N. Smith.

My Chicago office handles many types of discrimination cases. One question that I get asked often is what happens after I file a discrimination case with the Illinois Department of Human Rights ("IDHR")? Does the IDHR try the case and give a verdict? The answer is no. The IDHR investigates the complaint and if there is substantial evidence allows you to file directly with the Illinois Human Rights Commission ("IHRC") for trial. So in fact the IDHR acts as a gate keeper for the IHRC. This keeps the number of cases down so the IHRC doesn't get overwhelmed with cases.

Of course the down side is many times the investigators at the IDHR try to try the case and issue their own verdict so to speak. It is very important to hire someone experienced when taking a case to the IHRC because cases can be won and lost during discovery. Many sexual harassment cases that I file at the IHRC are settled because the other side doesn't want damaging or embarrassing details coming out about what really happened at the company. Additionally, many sexual harassment cases also include a claim for retaliation and companies don't want those details emerging either. It is in your best interest to proceed before the Illinois Human Rights Commission with caution and in my opinion with the help of an experienced employment lawyer.

Sexual Harassment in the workplace is a growing problem. There are statistics that show the numbers going up or down but they don't really tell the story. In Chicago my office is seeing a rise in the number of sexual harassment complaints. There are many reasons for the increase I am sure. I believe one reason is the tight job market and the fear employees have about losing their job if they complain. In Chicago I file sexual harassment complaints with the Illinois Department of Human Rights ("IDHR"). Even though the IDHR is having budget cuts they still do a great job of investigating complaints of discrimination including sexual harassment.

There are many other types of discrimination that can be filed with the IDHR and the important thing to do is for people to contact an employment lawyer to get better advice. Remember there are strict time limits for filing a complaint with the IDHR and once those limits pass, your case will be lost. There is no reason why an employee has to put up with sexual harassment. You have rights as an employee in Illinois and it is very important that you speak with a sexual harassment lawyer to protect your rights.

What happens when you are being sexually harassed at work and there is no written proof or no witnesses? How are you suppose to confront the person doing the sexual harassment and prove this is actually happening? My Chicago offices gets calls like this all the time. Here is the advice I give and what I believe you should do. If the person harassing you will not stop try this. Send him an email memorializing what he just said to you and ask if you heard him correctly. This does a couple of things First, if he responds in the positive, you now have proof of what he said to you.

Second, even if he does not respond to your email, it may get him thinking that you will not put up with the sexual harassment and he may stop. If the person still won't stop you can file a complaint with the Illinois Department of Human Rights ("IDHR"). My office handles cases before the IDHR and it is one way to stop the harassment. Remember that not doing anything is the worse thing because the harasser will just continue doing what he is doing.

Garfield Medical Center pays $530,000 to settle a sexual harassment lawsuit. The sexual harassment lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of several of the female victims of the sexual harassment. The female workers were either retaliated against or compelled to quit after their complaints were ignored by hospital management. When an employee quits because of the creation of a hostile work environment it is known as a constructive discharge.

According to published accounts a male emergency room admitting representative engaged in sexual harassment of female employees by subjecting them to inappropriate touching and propositions for sex. But the sexual harassment didn't stop there, it also included graphic discussions of sexual activities, and obscene pictures. Many of the female victims had to quit because they couldn't take the harassment anymore. What is really remarkable is that the company took over two years to fire the employee who was doing the harassment. Just think of how many woman had to endure this type of behavior because the company wouldn't take immediate action.

“In order to be productive, employees deserve a workplace free from sexual comments, repeated propositions and inappropriate touching,” said EEOC attorney Anna Y. Park.

Koper Furniture, Inc. pays $40,000 to settle a retaliation lawsuit. The retaliation was based on an employee complaining to management about discrimination based on color and then being fired. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of employee Jose Guadalupe. Usually in cases like this the EEOC tries to settle the case before filing a lawsuit but sometimes it takes the lawsuit to get the parties to settle.

For some unknown reasons many companies fire employees who complain about various types of discrimination. The smartest thing to do would be to investigate the claim and take action against the employee who is engaging in this type of conduct. I am baffled why the company always wants to shoot the messenger. But in the end, justice prevails and the company had to pay up.

“We are delighted that this resolution addresses the systemic problems at this workplace that facilitated the discriminatory misconduct,” said EEOC attorney Malcolm S. Medley.

My Chicago office is seeing a real increase in the number of sexual harassment defense claims of consent. It usually starts with the employee filing a complaint of sexual harassment and backing it up with evidence such as text messages or emails. The person doing the harassing then if left with two choices. They can't deny the sex text messages so they can't deny there was sex talk. They could admit to harassing the person but usually they do not. Instead they claim the sex talk with consensual and two-way and therefore consensual. In affect they are claiming there is no sexual harassment because the advances were warranted.

The problem with this theory is, the person doing the harassing is usually in a position of power so there really can't be a true consent. Second, usually the evidence shows the person doing the harassing is sending more texts and it starting the text message chain. I tell my clients not to be afraid of this type of defense and don't let it discourage you from coming forward. At the end of the day, text messages are usually the best evidence you can have. I file many cases at the Illinois Department of Human Rights ("IDHR") regarding sexual harassment cases involving text messages.

The Equal Employment Opportunity Commission ("EEOC') settled a national origin lawsuit with the Simon Property Group, Inc. According to published Latino janitors working for the company were subjected to daily verbal attacks because of their national origin. Examples included a white housekeeping shift leader subjecting the Latino janitors to verbal abuse, including racial slurs.

In a remarkable piece of evidence over twelve Latino janitors submitted written statements complaining about the shift leader. And nothing ws done to stop this conduct. The harassment continued for another year, until the supervisor was finally terminated for other reasons. This type of behavior by a company is not acceptable. The company would have been better off firing this man when the twelve workers came forward and complained.

"National origin discrimination issues are on the rise and we are committed to vigorously enforcing federal laws to ensure workplaces free of harassment and discrimination.” said EEOC attorney Anna Park

Mobile Community Action, Inc. settles a retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts the company fired Donte Bumpers after he opposed sexual harassment. The accounts claims that Bumpers was exposed to numerous instances of unwelcome and offensive sexual remarks by a femal supervisor. This is less common than male supervisors sexually harsassing female workers but it happens. the supervisor also would physically touch Bumpers and he resisted at all times.

Because he would not go along with this activity the supervisor required him to perform demeaning personal tasks unassociated with his job responsibilities in retaliation. Bumpers complained about this type of behavior and was immediately terminated. This is the basis of his retalitation claim. I see more of this activity now that the economy is down and people are afraid of losing their jobs. This case was settled for $65,000 plus attorney fees which could bring the total to six figures.

“This settlement further illustrates the fact that sexual harassment in the workplace is not gender-specific,” said EEOC AttorneyDelner Franklin-Thomas.

Does it makes sense to file your sexual harassment case with the Illinois Human Rights Commission (“IHRC”) after you get a finding of substantial evidence from the Illinois Department of Human Rights (“IDHR”)? Well there is no standard answer to that question. In general, a case filed with the IHRC will be less expensive to pursue and will go to trail faster than a case filed with the circuit court in your particular county. However after the administrative law judge hears the case at the IHRC, it can take years before a written decision is made. If you have a case go to trial in the circuit court the verdict is made that day or a day later for the most part. So what is the advantage of filing with the IHRC? Well, most cases settle prior to trial. Because the IHRC will hear the case quicker, it logically follows that the case will settle quicker once you file with the IHRC. So one big advantage of filing with the IHRC is you may get actual money in your pocket quicker.

On the down side of filing with the IHRC, an administrative law judge and not a jury will hear your case. Juries are known to award higher amounts and sometimes having that wildcard can increase settlement amounts. And in sexual harassment cases that involve a hostile work environment juries can really award large amounts. But remember there is no rule and this varies on a case-by-case basis. Another factor to consider are the facts of the case. Sometimes a case is better off being filed in an employee friendly venue like the IHRC rather than in the local circuit court—which can be very company friendly. Remember local judges for the most part are elected and companies contribute large amounts to these elections. Administrative judges are appointed and may not have that much influence from big business. So the question of which venue should I choose will depend on the facts of your case and your goals.

In a sexual harassment case many times the person being harassed receives text messages that are sexual in nature. In many instances the person’s supervisor, or someone in authority is sending these messages. When the sexually suggestive text messages first start it puts the employee in a very awkward position. When they get the first text message they don’t know what to do. Should they immediately confront the harasser and jeopardize their job? Should they just text something back hoping the harasser will be satisfied with the response and let things go at that? There is no playbook to follow and it puts the employee in a very difficult position. A position they should not be in. This type of activity puts an employee in a hostile work environment and can cause a great deal of stress and anxiety. And the real issue is the supervisor has no business putting an employee in this position. Additionally, they company should do a better job training management so they realize they can’ do this to employees.

Once a sexual harassment complaint is filed with the Illinois Department of Human Rights (“IDHR”) the company will usually try to explain the inappropriate and sexual text messages as consensual. They do this because how else can they explain the boss sending sexual messages to an employee? It is too bad they take this approach and don’t instead admit some liability and try to resolve the case at this point. My Chicago office sees case after case of employers not owning up to the sexual harassment and instead either blaming the victim or trying to concoct some story about it being consensual. The good thing about Illinois law is that under the Illinois Human Rights Act a company has strict liability if the supervisor engages in sexual harassment. This means reporting this type of behavior to human resources isn’t required before liability attaches to the company. The bottom line for victims of sexual harassment is don’t be too concerned if you happen to have responded via text message to the person harassing you.

If you have been following the news lately regarding the sexual harassment allegations toward candidate Cain you will notice the following. First, a flat denial of all charges and allegations. Second a strategy of blaming the victim as being either money hungry or seeking publicity. Even where two of the victims received large sums of money--it is reported they each received a year's salary. Why would a company pay a years salary for a baseless charge with no merit? The answer is simple, they wouldn't. A baseless charge would either get no money or a nominal amount. On the other hand, a charge the has merit would be settled prior to the allegations becoming public and my guess is that is what happened to the first two victims of candidate Cain.

But the most disturbing aspect of a sexual harassment defense is that many times the company blames the victim. She was the one doing the flirting or she was sleeping around. It is very rare that the company ever comes out and acknowledges the wrongdoing and apologizes. It is my experience that if a company would just admit and apologize, many times the issue could be handled without the need for litigation. The problem is once the company takes the blame the victim attitude they usually also terminate the employee. This leaves the sexual harassment victim with one option; file a lawsuit to seek just compensation.

Continue reading " Sexual Harassment: Blame The Victim? " »

My Chicago office files many claims of sexual harassment with the Illinois Department of Human Rights ("IDHR"). A person who is the victim of sexual harassment or other form of discrimination in the workplace or public accommodation must first file with the IDHR or Equal Employment Opportunity Commission ("EEOC"). This must take place prior to having the case heard in federal court, state court or in front of the Illinois Human Rights Commission ("IHRC").

Recently because of budget cuts the IDHR has been tasked to lay off 25% of its investigators. This is going to have a dramatic affect of how quickly a case moves through the system and how well victims of discrimination will have justice. You can guess that wiping out 25% of a workforce can only have a negative impact in the quality of service. The IDHR does a great job of investigating claims and trying to resolve cases prior to the filing of a complaint in court or with the IHRC. Hopefully the masterminds in Springfield will come to their senses and stop this insanity.

I represent complainants at the Illinois Department of Human Rights ("IDHR") on charges of discrimination including sexual harassment. One of the steps in the investigation process by the IDHR is to conduct a fact-finding conference. I just appear with my client but many times the other side will bring many witnesses. I have never really figured out why defense attorneys do this other than to run their bill as high as possible. You can imagine the time it takes to prep all of those witnesses prior to the fact-finding conference.

The reason I don't think it is a good idea to bring extra people is because they aren't going to do any good. As long as the complainant says something happened the investigator can't disbelieve the credibility of the complainant. This is because of a federal case called Cooper v. Salazar. Basically an investigator with the IDHR is prohibited from making a credibility of witness determination. So bringing extra people may seem impressive but all they are doing is giving the complainants attorney a free bite at the apple by hearing what they have to say.

My offices gets calls from time to time on interesting topics. A recent call set out a series of research querrys involving other states and here is what the question was and what I found. Can an employee over 40 be replaced with technology and if so is that a form of age discrimination under the law? Or course if it is age discrimination the employee could file a complaint with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR").

I did some research and found a case from the United States Court of Appeals for the Eleventh Circuit. It is Cortemoller v. Int'l Furniture Mktg., Inc. In that case Mr. Cortemoller was replaced with some technology that did his job as a communicator. He sued under the age discrimination laws and the district court granted summary judgment to his employer. He appealed and the Eleventh Circuit affirmed the lower courts ruling. In short, the court held that technology does not amount to a younger employee. This case is very interesting and I am sure we will see similar challenges in other states and thus other circuits. In the future I could see a similar claim brought by other protected classes of people under for example sexual orientation.

So you filed a sexual harassment complaint at either the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). The case is about to settle and you being told to sign an agreement that includes a paragraph called a confidentiality clause. What is a confidentiality clause and why is it in most sexual harassment agreements? The answer is simple, the clause is effectively a gag making sure you don't discuss the details of the case. Most companies settle the case and don't wish to have negative publicity associated with the case.

The confidentiality clause is also good for the employee. The clause prevents the company from badmouthing or otherwise letting details of the case escape which may put the employee in a negative light. So the confidentiality clause helps both sides and can be seen as a positive. Even if the case has reached the Illinois Human Rights Commission ("IHRC") for trial the details won't become public unless there is an actual trial. Given this fact, the parties can still settle with the details of the case being kept private. The recent case involving Herman Cain and his sexual harassment lawsuit helps illustrate the importance of a good confidentiality clause in the settlement agreement.

Now that Presidential candidate Herman Cain is being accused of sexual harassment by three different former employees sexual harassment in the workplace is on the forefront. In the Cain case, two former employees settled their claims for an undisclosed amount of money in return for signing a confidentiality agreement. So what is the true cost of settling a sexual harassment case? Well first there is the amount of money you are going to pay the victim. Second, you are going to incur legal fees from your own attorneys which can be substantial. And lastly you are going to have the settlement hang over your head in the future. Case in point the Cain case.

If the company did not settle the sexual harassment claims with Cain's alleged victims, the company could have fought and if they prevailed the facts would be public and Cain would be vindicated. Instead, the facts are hidden and in dispute. So did Cain really sexually harass the women or not? That question is now on the table because the case was settled with a confidentiality agreement. In Illinois a sexual harassment complaint can be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). If you file with the IDHR they will cross-file with the EEOC so you get a two for one. In any event, the true cost of a sexual harassment case may not be determined by crunching the numbers as evidenced by the Cain case.

American Laser Centers ("ALC") pays $125,000 to settle a sexual harassment and retaliation lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") after initial settlement talks broke down. The sexual harassment started when female workers were harassed by the landlord the the building. The sexual harassment included unwelcome touching, sexual advances and appearances in their work area by the visibly aroused landlord. The landlord also made very disturbing comments to the workers.

The sexual harassment got so bad one female brought her brother to work for protection.
When the women came forward to management nothing was done to stop the harassment and negative job actions ended up taking place against the females. This is the basis for the retaliation claim. Hopefully the company learned its lesson and will train the management employees better in the future.

“Workers absolutely have the legal right to report harassment or discrimination suffered at work without repercussion." Said EEOC attorney Melissa Barrios

The recent woes of Presidential candidate Herman Cain are a good example of how rampant sexual harassment is in Illinois and the country. Of course now that it is convenient for him he is doing what most do—blaming the victim. He claims the lawsuit was frivolous and the only reason the company he worked for paid the money was to put the matter behind them. But the reality is, you don’t give someone a year’s pay if there is nothing behind the charge. And in this case not just one woman came forward but a second one did as well. I realize two victims don’t fit into the 9-9-9 plan of Mr. Cain. This kind of action creates a hostile work environment for every employee.

In the second case there was apparently an after work party and people were having drinks and appetizers. This is a great place for sexual harassment to take place. First you have alcohol and people. Second you have people in a social setting with alcohol. I think that before companies allow their employees to gather for such events they should give extra training on sexual harassment to prevent this from happening or to put employees on notice of what behavior is appropriate. In the end it cost the company money and now negative publicity.

The Illinois Department of Human Rights (“IDHR”) is having budget issues and recently laid off employees. This means that the investigative phase of the agency will be slowed. The agency is mandated by law to complete an investigation into sexual harassment and other forms of employment discrimination within one year from the date of filing a charge. This is going to be very difficult now that there have been substantial layoffs.

The good news for plaintiffs lawyers is that the cases can perhaps get fast tracked and end up at the Illinois Human Rights Commission (“IHRC”) faster. After all the IHRC is where the money will be made because the IDHR only has the authority to issue a finding of substantial evidence or lack thereof. The IHRC on the other had can issue a monetary judgment. I will keep readers up to date on what is happening at the IDHR and if there will be further layoffs.