Illinois Sexual Harassment Attorney Blog

In Illinois there is strict liability on the company if a supervisor or person in authority engages in sexual harassment. However if the sexual harassment if from a non-supervisor then liability doesn't attach unless the company is notified and fails to take corrective action. So what type of defenses will a company engage in once you bring a complaint of sexual harassment? The most common is that the conduct doesn't rise to the level of harassment because both parties were engaged in it. This is also known as consent by the victim. The company will usually show an email or text message that shows some friendly comment in an attempt to prove their theory. Remember if the person is your supervisor of course you may have friendly comments to him, are you suppose to say unfriendly things to him?

The second most common defense is that the conduct really doesn't rise to the level of sexual harassment. So the company will say, yes the conduct was inappropriate but it wasn't harsh enough to warrant a sexual harassment complaint. The third defense is that the employee is not a good worker and is just using the sexual harassment charge as a way of diverting attention away from herself. This is the defense where the victim usually gets terminated based on some trumped up charge. This also allows the employee to file an additional complaint of retaliation. You were late to work three times or you made a mistake on your work. Of course other employees missed the same amount of work and they didn't get fired. If this happens to you, call an employment lawyer and protect your rights.

Rafael’s Italian Restaurant settles a sexual harassment lawsuit for $25,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a class of female employees. To make matters worse, some of the females that were subjected to sexual harassment were teenagers. According to published accounts a male kitchen worker repeatedly subjected female employees to egregious acts of sexual harassment including crude comments, requests for sex and physical touching.

The details of what the men said to these women is troubling and include using vegetables to simulate sodomy and to hit the victims between their legs. The women complained to management but nothing was done to stop it. It is unbelievable that management would not take immediate action and intervene on behalf of the women. You can imagine the impact this had on the teenagers. I am glad the EEOC stepped in and held the company accountable.

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

I get many calls from people in the Chicago area about their work place and what they believe is a hostile work environment. So what is a hostile work environment in Illinois? Well from a legal perspective, it is being treated different based on a protected category and then this treatment resulting in a work environment that is untenable. So for example if you are the victim of sexual harassment at work and this creates a situation that makes going into work too much for you to handle this would be considered a hostile work environment. You can file a complaint with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC").

Many people call my office and tell me about what they think is a hostile work environment but under the legal standard it is not. There is no general harassment law in Illinois and if you just have a personality conflict with a boss or co-worker, you have no case. There has to be an underlying case of discrimination. Sometimes you have to dig a little deeper to discover the underlying discrimination.

My Chicago office is often asked to give tips on what takes place at the fact-finding conference with the Illinois Department of Human Rights ("IDHR"). First lets look at who will attend the conference. The complainant, her attorney, the investigator from the IDHR, the Respondent and his attorney. If the Respondent is a company, it could be a representative from the company. Also, there is no requirement that either party have an attorney, although it is recommended. The conference will be held in person at the IDHR office, which is located at the Thompson Center for cases in the Chicago area.

At the conference it is important to have a list of names, phone numbers and address if known of witnesses. The witnesses don't have to be there but it is very helpful if you have that information to give the investigator. The investigator can then contact those witnesses prior to arriving at a report or finding. Also, it is important to review your complaint and review any notes you have. Make sure your statements are consistent and are supported by the evidence. This is your opportunity to tell your story, so tell it.

So you are at work minding your own business and another worker or supervisor starts to engage in sexual harassment. What are you going to do to stop it? If you come forward and complain to human resources and the other person deny's it will your complaint end there? These are all good questions and issues to consider when trying to decide what to do if you are the victim of sexual harassment at work. So what types of evidence may you utilize to prove you are being sexually harassed? Well there are the obvious ones like text messages, email and voice messages. The problem is many times the person doing the harassment doesn't leave this type of evidence. To make matters worse, sometimes the sexual harassment takes place one-on-one and there are no witnesses. So how can you prove you are being harassed? How can you prove the creation of a hostile work environment?

Well one technique is to send an email or text to the person doing the sexual harassment memorializing what was said and see what type of response you get. For example you can text, do you really want to go out with me for dinner and perhaps more? If the person responds yes, you have proof that he said that to you in person. If the person doesn't respond, you have circumstantial evidence that something is going on, because the person didn't deny the message. This is just one technique that can help you become successful if you go forward with your sexual harassment complaint. If you do go forward you can file with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). By the way if you file with the IDHR they automatically cross-file with the EEOC.

What happens when you are the victim of sexual harassment at the hands of your supervisor? As you can imagine it puts you in a very tough position because of the power the supervisor has over you. If you complain and management doesn't do anything what are you going to do? My advice to you is call an employment lawyer and discuss your issue. In Illinois there is strict liability if a person in a position of control engages in sexual harassment with an employee. It is very important to protect your rights and file a complaint with the Illinois Department of Human Rights ("IDHR") within a very short time period.

My Chicago office is very active with the IDHR and i don't charge a fee unless money is recovered. There are ways to draft a sexual harassment complaint that puts pressure on the company to take the complaint seriously. Remember that human resources is not there to protect your rights, it is there to protect the company. Don't let human resources buffalo you into thinking they are handling it in a private fashion. Call an experienced employment lawyer and protect yourself. Many times, the company engages in retaliation when an employee comes forward and complains about sexual harassment. Don't get pushed around by human resources when your supervisor engages in sexual harassment.

Many times people will go it alone when they have a sexual harassment case with the Illinois Department of Human Rights ("IDHR"). Even though it is unwise to proceed alone at that point it is not fatal. However, once the case makes it to the Illinois Human Rights Commission ("IHRC") it would behoove you to hire an employment lawyer for your case. Two main reasons. First, it won't cost you anything as a good employment lawyer will take your case on contingency fee. Second, things can get tricky at the IHRC and you will actually try your case there.

The other side will have an attorney and you will be at a very big disadvantage if you don't have an attorney. One of the first things that will take place at the IHRC is discovery. If you don't draft discovery properly you may not get all of the information you need to win your case. Why take a chance and draft it alone?

My Chicago office gets calls all the time from people who want to know how much it will cost to file a sexual harassment complaint against someone at work. That is a very good question because most people don't have extra money set aside for legal fees. The good news for people is my office doesn't charge to file a complaint. I work on contingency fee only and don't get any money unless you recover money. So either we both get paid or neither of us gets paid. This also means that if I take your case I believe you have a good case or I wouldn't take the case.

Now there are times that after I take the case, facts are uncovered that can hurt your case but if you are upfront with me in the beginning this usually doesn't happen. It is very important to discuss your case early and file a claim of discrimination based on sexual harassment early so you don't miss any statute of limitation dates with the Illinois Department of Human Rights ("IDHR"). I practice in front of the IDHR weekly and have many cases with them. It is very important to hire an experienced employment lawyer to handle your sexual harassment case.

American Apparel, Inc., pays $60,000 to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission "(EEOC"). According to published accounts American Apparel fired a garment worker while he was on leave because of a disability, and thereby failed to accommodate him based upon that disability. When this type of activity takes place it violates the Americans With Disabilities Act ("ADA").

Many times businesses will try to discipline employees based on their medical problem. There are protections in place and people should remember the law is on their side. The EEOC along with the Illinois Department of Human Rights ("IDHR") work hard to protect the rights of employees.

"We are pleased that American Apparel recognizes the importance of the ADA and is implementing measures to insure its full compliance with the ADA going forward.” said Anna Y. Park, EEOC attorney.

M. Slavin & Sons, Ltd., pays $900,000 to settle an employment discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit the was filed on behalf of over 30 black employees. According to published accounts the company created a hostile work environment for the workers based on sexual harassment, national origin, racial discrimination and retaliation.

The company owners and managers harassed the employees making explicit sexual comments and using offensive racial terms such as “n----r” and “African b-----d.” Many of the men endured this treatment because they desperately needed the work.

“Thanks to Kevin Pierson’s EEOC charge and this lawsuit, employees at M. Slavin will now be able to work in an environment free from discrimination,” said EEOC attorney Sunu P. Chandy.

Large corporations usually have very large human resource departments and large policies on discrimination. The discrimination policies usually cover sexual harassment and what to do if you are the victim. The corporations also usually give sexual harassment training to all employees. The problem is, when someone comes forward and complains about sexual harassment they are usually demonized, marginalized and for the most part put on the shelf. Big corporations don't like anyone who rocks the boat.

So what do you do if the corporation doesn't take your complaint of sexual harassment seriously. You call my office and we file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR"). The IDHR will investigate the claim and won't let the corporation sweep the entire matter under the rug. Remember that human resource departments are there to protect the corporation not to protect you and your rights. A good employment lawyer will protect your rights.

it is unfortunate but true that when most people complain to human resources about sexual harassment the company ends up engaging in retaliation. Instead of investigating the complaint and taking action the company takes the blame the victim policy. This usually results in a call to my office and the filing of a complaint with the Illinois Department of Human Rights ("IDHR"). This in turn results in the company spending money on legal fees and usually paying money to settle the case.

I am amazed how often this takes place and why companies just don't address sexual harassment complaints head on. I believe a good deal of this has to do with lack of training and an unrealistic belief that they can sweep the whole thing under the rug. People who have been victimized by sexual harassment deserve help and to be taken seriously. If companies don't wish to take the complaints in a serious fashion they will pay the price down the road.

D&H Company, Dodge Brothers, Inc., and Giant Oil Company of Arkansas, Inc., pays $190,000 to settle an Americans With Disabilities Act ("ADA")lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female worker who had seizures. According to published accounts the company denied the store leader of a reasonable accommodation after she had seizures. What makes matters worst her doctor restricted her from driving so she requested that the employer allow another employee to conduct daily competitor gasoline price surveys while she handled that employee's in-store duties.

Not only did the company not grant the request, they fired her. By not allowing this reasonable accommodation the company violated the law. The request seemed very reasonable and I don't understand why they didn't just grant it. Look at how much money it cost the company to not grant this request.

“The Commission has devoted considerable attention to ensuring compliance with the ADA through the issuance of policy and public attention,” said EEOC attorney Lopez.

I know the job market is tight right now. People are afraid that they may lose their job at any time. And because of the tight market, they are afraid if they do lose their job they won't be able to find another. How can they pay the bills and feed themselves if they lose their job? For these reasons many people are putting up with sexual harassment at work. In Illinois you have rights and you don't have to put up with sexual harassment in the workplace. My office fights for people who have been subjected to discrimination including sexual harassment.

Just because you put up with sexual harassment in the workplace doesn't mean you will keep your job forever. What happens if you don't complain about the sexual harassment and then get fired? If you complain after you are fired, it will look like you are only complaining now because you were fired. I always tell people to take the initiative and file before you lose your job. Protect yourself and your rights and talk with an employment lawyer regarding your rights and your options. If things get too bad and you can't keep working while the sexual harassment is going on your can quit. This is referred to as a constructive discharge and treated as a termination under the law.

My Chicago office has many cases of discrimination at the Illinois Department of Human Rights ("IDHR"). The discrimination case may involve sexual harassment, gender discrimination, religion, sexual orientation to name just a few. So what happens after the IDHR investigator finds substantial evidence of the discrimination? Well there are several options at that point. We could file a complaint directly with the Illinois Human Rights Commission ("IHRC") or you can file a complaint in the local circuit court where the discrimination occurred. So which venue should you file your sexual harassment complaint or other discrimination complaint?

The answer for most cases is the IHRC. One major factor in filing with the IHRC is the cost. There is no cost in filing at the IHRC. Additionally, in my opinion the case will work its' way to trial at a faster pace than filing in the local circuit court. The downside in filing at the IHRC is you can't have a jury trial. All cases filed at the IHRC are heard by an administrative law judge. Remember the goal of any case is to get money in your pocket. Having a good negotiator on your side maximizing your settlement is key.

You are doing a great job at work and things seem to be going good. However you have a co-worker or supervisor that is discriminating against you based on your sexual orientation. You complain about it to human resources but nothing is done to stop it. So what should you do next? The only remaining option is to file a complaint with the Illinois Department of Human Rights ("IDHR"). Filing a complaint with the IDHR gives you protection and starts an investigation. Remember that the company can sweep an internal investigation under the rug, but they can't control the investigation with the IDHR.

The IDHR can interview witnesses, access documents and put pressure on the company to try and settle the case. These are all good things for a person who is being discriminated against. You can also keep your job while your investigation is being conducted by the IDHR and the company can't engage in retaliation against you because you filed the complaint. Don't go it alone, contact an experienced employment lawyer and get help protecting your rights.

So your sexual harassment complaint with the Illinois Department of Human Rights ("IDHR") received a finding of substantial evidence and you can now proceed for a trial with the Illinois Human Rights Commission ("IHRC"). What can you expect? Well for starters you need to contact a good employment lawyer because going it alone is fraught with potential problems. You will want to engage in discovery and your discovery requests must be properly drafted and you must file the appropriate documents with the IHRC. If you don't do things properly you risk having your case dismissed by the judge.

If you do proceed correctly at the IHRC and actually get to the trial, there are a few things to keep in mind. First, there won't be a decision made that day. After the actual trial the judge will request a post-trial memo outlining the evidence presented and your argument. This is a very important document because many times the judge won't make a decision for several years and therefore the judge will rely on what you write. It is hard for the judge to remember what was said at trial if he doesn't decide until two-years later. For this reason having an experienced attorney can help your chances of winning.

What happens when you complain to the human resource ("HR") manager that your supervisor is engaging in sexual harassment with you? What can you expect from the human resource manager in the way of an investigation? The answer will depend on the company and how serious they take sexual harassment. In most cases the HR manager will talk with you and the person you are accusing--not at the same time. Next the HR manager will talk with people who may have witnessed the sexual harassment. The HR manager may also review email and text messages to try and determine what happened. At the conclusion of this the HR manager will talk with senior management to determine what steps to take next as far as discipline including termination.

The problem with what is written above is many times HR just tries to sweep matters under the rug. They don't wish to get to the truth. If is a senior manager doing the sexual harassment, they would rather do nothing or worse, fire the person being harassed. This is what I call blame the victim. It usually can be called retaliation and can be the basis for a complaint with the Illinois Department of Human Rights. It is very important to seek legal help once you are the victim of sexual harassment because HR is paid by the company and their loyalty is with the company. Don't be fooled into thinking HR is looking out for your best interest.

Sexual harassment in Chicago is a growing problem. Because employees are making less money and are afraid to lose their job they put up with more than they usually would. And it seems managers think they can do more to employees. I get many calls about managers who are trying to have sex with their employees and making them feel like they will be fired if they don't go along with it. This is commonly known as retaliation. In Illinois this is illegal and a violation of the Illinois Human Rights Act ("IHRA").

In Chicago I file complaints of sexual harassment with the Illinois Department of Human Rights ("IDHR"). The complaints basically allege violations of the IHRA and the damages that I can ask for include, lost back wages, lost future wages, attorney fees, medical bills and money for emotional distress. It is very important for people to realize they must file a complaint within a short period of time or they will be prohibited because of the statute of limitations. It is imperative to speak with an employment attorney at your earliest.

Usually when a person complains about sexual harassment in the workplace the victim ends up getting the raw end of the stick. For some unknown reason, management ends up blaming the victim and engages in retaliation. The retaliation can come in many forms. Everything from demotion, termination or just ignoring the conduct so that the person must endure even more sexual harassment. It is very important to document everything that is taking place at work to increase your chances of success.

My Chicago office handles many sexual harassment cases and I usually file at the Illinois Department of Human rights ("IDHR"). There is a strict time limit when filing a complaint at the IDHR so you must act fast and seek legal advice immediately. There are other reasons to act fast including drafting your complaint to human resources in just he right way. Remember that management is looking out for the best interest of the company and you need someone to look out for your best interest. Don't count of management; protect yourself.

In Illinois the Illinois Human Rights Act ("Act") protects employees from discrimination based on a number of categories. My Chicago office gets many calls from people who think they have a claim based on the creation of a hostile work environment. However, in Illinois the hostile work environment only exists from a legal perspective if there is an underlying charge of discrimination. The discrimination may be sexual harassment or any other form of protected category under the Act.

It is unfortunate that there isn't a general harassment law in Illinois but there isn't. There is currently a bill that is working its' way through the legislature that would make the creation of a hostile work environment illegal and actionable. Now it is helpful to speak with an employment lawyer regarding your work related issues because perhaps you are being singled out based on your gender or religion and you just don't realize it. Just remember that unless there is an underlying basis for the creation of the hostile work environment, you don't have a case that can be filed with the Illinois Department of Human Rights.

There are many steps in a sexual harassment lawsuit. First, the complaint is 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. After the complaint is filed there will be a verified answer filed by the company; which is simply an answer filed under oath. After the answer is filed the IDHR will schedule a client interview to get facts and the names of any witnesses. The next step is the fact-finding conference at the IDHR. The fact-finding conference would be attended by the person filing the charge, her attorney, the IDHR investigator and the company representative and their attorney.

Along the way the parties usually try to settle the case. So why should you try and settle the sexual harassment case? There are many reasons why settling is to your advantage. First, you get guaranteed money in your pocket. Remember there is no guarantee you will win your case. Second, you get money today as opposed to perhaps getting money years from now. Third, you don't have to worry about the company going out of business or filing for bankruptcy. Because sexual harassment cases take years to get to trial a company could have financial problems before the case is resolved. I always work hard to settle cases and think it is the best course of action in sexual harassment cases.

Unemployment ranges between eight and nine percent in Chicago. As the fight for jobs increases many people over the age of 40 find themselves under more scrutiny. In Illinois it is a violation of the Illinois Human Rights Act ("IHRA") to discriminate against someone because of their age. Under the IHRA the age is 40. Another words, if you are 40 or over you can file a charge of age discrimination with the Illinois Department of Human Rights ("IDHR") if you believe you are being treated different than younger workers. Many times a review of all the employee files including education, experience and pay can be utilized to prove age discrimination.

Age discrimination in the workplace can also create a hostile work environment for all employees because of the message it sends. If an person is able to show substantial evidence with the IDHR, he can then file a complaint with the Illinois Human Rights Commission ("IHRC") for a trial in front of an administrative law judge. Remember that people over 40 are starting to near the end of their work career so any negative job action against them can really ruin their career.

Lakemont Homes, Inc. pays $267,000 to settle a class sexual harassment and retaliation lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of multiple female employees. According to published accounts four female employees of the company endured vulgar sexual comments and unwanted propositions by a male lead sales agent. The women did not want to engage in sex and repeatedly told the male they were not interested.

In a shocking allegation the lead agent asked one of the women to have sex with him, even threatening her life at gunpoint. This is just crazy. I can't believe people actually act like this in the workplace. The women complained to management but nothing was done to stop it. Instead the women were retaliated against for reporting the conduct in the form of unfavorable scheduling and poor performance evaluations. And what happens all too often the women were forced to quit while the harasser remained employed. When an employee is forced to quit because of discrimination it is referred to as a constructive discharge.

“While we commend Lakemont for taking measures to resolve this matter, we hope more employers recognize that they must deal with workplace harassment quickly and effectively,” said EEOC attorney Anna Park.

What happens when the most powerful person in a company is engaging in sexual harassment? Who are you suppose to complain to? Lets face it, if the Chief Executive Officer ("CEO") is sexually harassing you, the options may be limited. If you complain to human resources, they are in a terrible position. They now face the task of confronting the person who can hire and fire. Are they going to put their own job and career on the line for you? You can see that when an important and powerful person engages in sexual harassment it creates a hostile work environment for all employees.

I would recommend in this situation to complain to the human resources representative in writing. Let the human resource person worry about it and handle it--after all that is what they get paid to do. Don't put your own career at risk and do nothing. If the CEO is harassing you he isn't going to just stop on his own. And don't forget he can always come up with some excuse to fire you and then what are you going to do? If you get fired and then complain it will seem like you are now complaining because you have been fired. Take the initiative and file first.