Posted On: February 29, 2012

Tyson Foods Pays $35,000 To Settle EEOC Lawsuit

Tyson Foods, Inc. pays $35,000 to settle an Americans With Disabilities Act ("ADA") lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Mark White. According to published accounts Tyson Foods refused to hire former employee White because he had epilepsy. Talk about having a narrow mind. Perhaps these folks at Tyson should take a class on humanity. According to published accounts White applied for an open maintenance job. White’s epilepsy had been controlled by medication for twelve years and he had been previously employed by Tyson on two occasions during this time period. I guess a twelve year track record isn't good enough for Tyson.

In order to not hire White, Tyson instituted a new medical assessment procedure and refused to hire him because he did not pass a medical evaluation required for applicants with epilepsy. The doctor who performed the evaluation for Tyson did not examine White, but relied on outdated medical research in determining that he could not safely perform the job. To makes matters worse and to show the discrimination the EEOC showed that Tyson employed several other persons with epilepsy who had been grandfathered in. So Tyson did not grandfather in White which showed unequal terms and conditions of employment based on his disability.

“The potentially three-step medical assessment process agreed to by the parties is an extraordinary step in the right direction in terms of making sure disabled employees are given a full and fair opportunity to compete in the workplace,” said EEOC attorney Melvin Kennedy.
Posted On: February 28, 2012

Hurricane Grill and Wings Settles Sexual Harassment Lawsuit For $200,000

A company doing business as Hurricane Grill and Wings and owned by 441 S.B., LLC pays $200,000 to settle a sexual harassment lawsuit. The sexual harassment lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of multiple female employers. In what can only be viewed as shocking events, Hurricane Grill allowed female servers to be sexually harassed by a customer, a Palm Beach County sheriff’s deputy. As if this weren't bad enough when the female workers complained to management nothing was done. And in fact, the company fired a female server after management learned she had hired a private attorney to assist her in filing an EEOC complaint. This is referred to as retaliation and is a violation of the law.

Details of the lawsuit include servers being frequently grabbed on their breasts and buttocks. Can you imagine coming to work every day and having to put up with this type of behavior? It is horrible that women were treated in this manner. Additionally, female workers were subjected to sexual comments and the harasser even tried to get the females to have sex with him and his wife. After paying this large amount in settlement I bet the company will take sexual harassment more serious in the future. I am glad to see the females didn't give up and made the company admit their mistakes.

“The Commission remains poised to enforce Title VII and it will actively pursue flagrant violations such as this one. Employees should feel safe at work and employers must protect their employees from a sexually hostile work environment.” Said EEOC Attorney Malcolm Medley
Posted On: February 27, 2012

Piggly Wiggly Pays $40,000 To Settle Discrimination Lawsuit

Piggly Wiggly pays $40,000 to settle a racial discrimination and gender discrimination lawsuit. The multi-count lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of multiple people. In this case the gender discrimination involved men not being hired for cashier positions. This would seem to be a reverse type of discrimination. It is important to remember that neither gender can be discriminated against.

According to published accounts Piggly Wiggly locations owned by MWR Enterprises Inc. maintained policies and practices that intentionally failed to hire African-Americans because of their race. This is very troubling and it is hard to believe this type of activity still takes place. Additionally the company maintained a segregated work force. Wow, can you say take a trip in the time machine. Someone should tell these folks the year is 2012.

“The law is clear – employers may not refuse to hire applicants based on their race or gender,” “The EEOC will continue to ensure that such barriers to employment are removed.” said EEOC attorney Faye Williams
Posted On: February 26, 2012

Illinois Human Rights Commission Trials In Chicago

The system we have in Illinois may be confusing to some people. One reason is there are two agencies that have similar names but have different functions. The two are the Illinois Department of Human Rights ("IDHR") and the other is the Illinois Human Rights Commission ("IHRC"). The IDHR has the job of investigating a discrimination claim based on the Illinois Human Rights Act ("Act"). The IHRC is the agency that has the actual trial after there is a finding of substantial evidence by the IDHR. The process can be confusing and it makes sense to have an experienced employment lawyer on your side.

In Chicago the IHRC in located downtown in the Thompson Center and there are several administrative law judges on the 5th floor. There are actual rooms that look like mini courtrooms and that is where the trial will take place. You should remember that it will take your case about year to make it through the IDHR and another year to get it to trial at the IHRC. Then after the trial, both parties file post trial briefs and then the Judge takes the case under advisement. The bottom line is the Judge will not make a ruling for another two years. What this means to you is that from the day you file your sexual harassment or other discrimination case at the IDHR, it will take at least four years before you will be awarded any money.

Posted On: February 25, 2012

In Chicago At A Job Interview Cans You Be Asked If You Are Married?

Can an employer in Chicago ask you about your marital status during a job interview? The answer is no. Actually if they do and you don't get the job they probably have a problem. Under the Illinois Human Rights Act ("Act"), it is a violation of the law to find out if a person is married, or single or living with someone and base a hiring decision on this information. Anyone who asks you about your status regarding marriage is violating the law if you don't get hired because it puts the issue front and center. If this happens you can file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR is mandated by law to investigate a complaint within 365 days. The IDHR will also cross-file with the Equal Employment Opportunity Commission ("EEOC"). This gives you both a state and federal option.

Now there are many different ways employers can try and inquire about your marital status. Some employers will do an Internet search on prospective employees. This could lead to employers finding out your marital status without them asking you directly. In my opinion this is also a violation of the Act and could subject the employer to a discrimination claim with the IDHR. Some employers will also check court records, which could reveal a divorce or marriage. It is important for you to realize you have rights regarding your employment or potential employment. These same rules apply if you are trying to get promoted at work or if you are being reviewed for a performance evaluation.

Posted On: February 24, 2012

Do Sexual Text Messages Create A Hostile Work Environment In Chicago?

What happens in Chicago when your boss sends you sexual text messages? Do you have any rights and remedies? The short answer is yes Sexual text messages from your boss will create a hostile work environment not only for you but potentially for other workers as well. The sexual text messages would rise to the level of sexual harassment in Chicago and you would be able to file a discrimination complaint at the Illinois Department of Human Rights ("IDHR"). The IDHR is mandated by law to investigate your sexual harassment complaint within one-year. These investigations can be tricky and usually require an employment attorney who can navigate your case through the system.

There are two types of sexual harassment in Chicago, one is called hostile work environment and the other is called quid quo pro. The latter is latin for this-for-that and refers to the boss attempting to give you something for getting sex from you. The hostile work environment type refers to sexual comments, touching, groping etc. In that type of sexual harassment the boss is not necessarily trying to have sex with you but instead trying to just make you feel uncomfortable. Now there are times when both types of sexual harassment take place.

Posted On: February 23, 2012

Chicago Area Jimmy's Charhouse Settles Sexual Harassment Lawsuit For $200,000

Jimmy’s Charhouse of Elgin pays $200,000 to settle a sexual harassment lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of eight female employees. According to court documents, some of the female waitresses and hostesses were sexually harassed by members of management. Some of the details of the sexual harassment included crude sexual comments and groping. There was even attempts to engage in sex.

One of the alleged victims claimed that she was terminated after refusing the sexual advances of her manager which is called retaliation. It is illegal to take a negative job action against an employee because the employee refuses to engage in discriminatory conduct or if the employee opposes discriminatory conduct. Under the terms of the decree, which is part of the settlement, Jimmy’s Charhouse is also enjoined from further subjecting any employee to a hostile work environment or retaliating against any employee who opposes discrimination.

“Too often we hear about rampant sexual harassment of restaurant employees, where waitresses appear to be fair game,” said EEOC attorney John Hendrickson “We want the message to get out: Sexual harassment is illegal, whether it’s in the boardroom or at your neighborhood restaurant.”


Posted On: February 22, 2012

Retaliation Claim With Illinois Department Of Human Rights

What happens in Chicago when you file a sexual harassment complaint with the Illinois Department of Human Rights ("IDHR") and you are then fired at work? Well the short answer is you need to file an additional complaint with the IDHR for retaliation. According to the Illinois Human Rights Act ("Act") which controls, you have a separate discrimination claim if you are fired for opposing unlawful discrimination. In this case filing a sexual harassment complaint would be the discrimination. Even if the underlying discrimination claim is found to have no merit the retaliation claim would stand on its' own.

So what does this mean to you? It is important that you understand you have legal rights against having any negative job action taken against you for filing a claim of discrimination with the IDHR. This also applies if you are the witness to a discrimination claim or if you participate in an internal discrimination investigation at work. So for example if you are called into the Human Resources office and asked about a sexual harassment incident involving other employees and you give an answer that hurts the company and they take a negative job action, you have a retaliation claim.

Posted On: February 21, 2012

Information About The Illinois Human Rights Commission In Chicago

The Chicago office of the Illinois Human Rights Commission ("IHRC") is where trials take place for violations of the Illinois Human RIghts Act ("ACT"). The trial is not in front of a jury but instead in front of an administrative law judge. Practicing in front of the IHRC is different from circuit court. Because of the differences, it is helpful to have an experienced employment law attorney on your side. There are various options available to you and it is important to have every fact available before you make your decision.

For example if you filed a sexual harassment complaint with the Illinois Department of Human RIghts ("IDHR") in Chicago and the investigator found substantial evidence, you will either file a complaint with the IHRC or file a lawsuit in circuit court. So the IHRC is really the second step in the process of having your sexual harassment complaint heard. Even after trial, it could take up to two-years for the judge to write an opinion on the case. For this reason it is important to always keep settlement in mind. Settlement allows both sides to put the matter behind them and also to guarantee costs.

Posted On: February 20, 2012

Convergys Customer Management Group Settles Discrimination Lawsuit

Convergys Customer Management Group pays $15,000 to settle a religious discrimination lawsuit. The discrimination lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Shannon Fantroy. According to published accounts Convergys violated federal law by refusing to hire Fantroy who was a call center job applicant because he could not work on Saturdays due to his religious beliefs.

This all started when Fantroy answered an online advertisement for a customer service position at Convergys’s call center. Fantroy’s religious beliefs as a Hebrew Israelite require him to observe the Sabbath from sunup until sundown on Saturday. Under the law the company must at least try and work with Fantroy to find a reasonable accommodation for the beliefs of Fantroy. A recruiter for Convergys interviewed Fantroy and told him that he would have to work weekends even though Fantroy told him about his religious beliefs and need for weekends off. The recruiter then told Fantroy that the interview was over unless he could work Saturdays.

“Mr. Fantroy never had a chance to discuss accommodation options because the recruiter simply cut him off once he stated that because of his religious beliefs he could not work on Saturday,” said EEOC attorney Barbara A. Seely.
Posted On: February 18, 2012

Constructive Discharge In Chicago

There are terms used in employment law that may confuse some people. One such term is the word constructive discharge. In Chicago if you are working and someone is discriminating against you to the point where you can not work anymore, and you quit it is referred to as a constructive discharge. The standard is what a reasonable person would do in your circumstances. So for example is the boss tells you that you have a nice rear end and you quit the next day that may not qualify as a constructive discharge. The reason would be it is a one-time incident even though is would be sexual harassment. On the other hand if the boss has been telling you that daily and you tell him to stop daily and you are getting stressed and can't take it anymore, that probably would qualify as a constructive discharge.

In Illinois a constructive discharge case would be filed with the Illinois Department of Human RIghts ("IDHR"). In Chicago there seems to be a rise in the number of constructive discharge cases filed with the IDHR. One reason is probably the bad economy and the fact that employers seem to believe they can do anything they please. Employees are under more stress at work and quite frankly they seem under attack. The rights of employees is eroding and workers in Chicago must take a stand and protect their rights.

Posted On: February 17, 2012

Discrimination Based on Ancestry In Chicago

My Chicago offices gets many calls from employees of companies who happen to be Hispanic and believe they are the victim of discrimination. They usually want to file a racial discrimination lawsuit but I have to tell them that in Illinois the only three categories of race are White, Black and Asian. Does this mean they are out of luck? The answer is no. They can file a complaint with the Illinois Department of Human Rights ("IDHR") for discrimination based on Ancestry. They could also file based on Color or National Origin. So what are the differences of each category? Well, Ancestry refers to the nation, country, tribe or other identifiable group of people from which a person descends. This covers a great deal of items.

National Origin on the other hand is based on ethnicity or accent. And lastly Color refers to the color of a person's skin. As you can see there is a great deal of overlap in all three categories. As an attorney that handles all types of discrimination cases at the IDHR, I can tell you that it is important to have someone with experience on your side. The Chicago office of the IDHR is a very busy place and you don't want your case to get lost in the shuffle. If you believe you are the victim of discrimination and the boss is treating you different at work, call my office to protect your rights.

Posted On: February 16, 2012

EEOC Settles Discrimination Lawsuit For $40,000

Product Fabricators, Inc. pays $40,000 to settle a discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit was filed under the Americans With Disabilities Act ("ADA") on behalf of Dennis Anderson. According to published accounts Product Fabricators fired long-time employee Anderson because he was taking a low-dosage, prescribed narcotic medication for back pain. Heaven forbid someone try and live pain free. This kind of behavior by a company is crazy and unprofessional. Can you imagine the company wanted Mr. Anderson to have to work in pain?

To show how creepy this company is they even required all employees to report whether they were taking any prescription or over-the-counter medication. This crazy policy is a violation of the ADA because it is not related to the ability of employees to do their jobs. This sounds like something out of a big brother movie. I really can't believe a company would have a policy like this. I am happy to report the EEOC held this company accountable for violating federal law. This just goes to show you that if you don't let a company push you around you can be rewarded with a nice paycheck.

“Requiring all employees to report their legal use of prescription drugs – and even over-the-counter medication – amounts to an unreasonable invasion of privacy, whether an employee is disabled or not,” said EEOC Chicago District Regional Attorney John Hendrickson.
Posted On: February 15, 2012

Winning Your Sexual Harassment Case At The Illinois Human Rights Commission

Well you filed your sexual harassment case at the Illinois Department of Human Rights ("IDHR") in Chicago and they found substantial evidence. Now what do you do? Well unless you choose to file your case with in the local circuit court you will have a trial at the Illinois Human Rights Commission ("IHRC"). The IHRC is different in many ways from the local court so it takes experience and knowledge to navigate. At the IHRC an administrative law judge will hear and decide the case not a jury. I believe this is a good thing because the judge is experienced in hearing employment law cases exclusively and this will work to your advantage.

There is another reason why the IHRC is a good venue for taking your sexual harassment case. There are no depositions unless ordered by the judge-which doesn't happen often. This keeps the cost of litigation down and puts more pressure on companies because they can't use their advantage of bigger pockets. In my experience most cases settle at the IHRC because the companies don't like paying attorney fees and don't like the uncertainty of not having depositions. It is important for victims of discrimination to realize they have a good option by taking a case to the IHRC.

Posted On: February 14, 2012

What Makes A Hostile Work Environment At Work In Chicago

When you are at work what creates a hostile work environment in Chicago? If you are the victim of sexual harassment a hostile work environment will be created not just for you but for other employees too. Other employees who can hear and see the harassment are being subjected to the hostile work environment not just you. Additionally, anyone who acts as a witness during an investigation and is subjected to any type of negative action is not only in a hostile work environment but also has a claim of retaliation. When this happens there are a few things to keep in mind. First document everything that is taking place. Include the names of people who may have witnessed the harassment and the dates and times it took place. Second, gather any written evidence like emails, text messages and written messages. Lastly, file a written report about the sexual harassment to human resources.

The next step would be to file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR is responsible for investigating the complaint and determining whether there is substantial evidence to take the charge to the Illinois Human Rights Commission ("IHRC") for trial. Companies are getting more aggressive and are not respecting the legal employment rights of employees. It is very important that you have someone on your side that knows employment law and fights hard for you. Don't be the victim of a hostile work environment in Chicago.

Posted On: February 13, 2012

Sexual Harassment Lawsuits In Chicago

You are working in the loop in downtown Chicago and your boss is hitting on you. What are you suppose to do? Do you just put up with it and not say anything? If you complain will you lose your job? What proof are you going to be able to present that will make others believe your story? These are all good questions that need to be asked and answered. My Chicago office gets these questions all the time. You need to try and document the sexual harassment as soon as it starts. The documentation could be emails, text messages or written messages. Evidence may also include witnesses or voice messages.

The important thing is that you do something. Remember if you shoot the boss down enough he may start to write you up for performance issues and then where will you be? If you start complaining about retaliation after you get written up it may look like sour grapes. I find the best course of action is to file a complaint right away with the Illinois Department of Human Rights ("IDHR"). By filing first before any negative job actions, you take away the defense of sour grapes. Remember it is very important that you protect your employment rights and not let the sexual harasser get away with it.

Posted On: February 11, 2012

Chicago Sexual Harassment Involving Waitresses

My Chicago offices gets calls from people who work for bars, taverns and restaurants. The questions are usually the same. What rights do I have if the boss or co-workers are making sexual comments to me? Is this sexual harassment in Chicago? The answer is yes. This would be a violation of the Illinois Human Rights Act and we could file a complaint of sexual harassment with the Illinois Department of Human RIghts ("IDHR"). The good thing about filing with the IDHR is there is no cost and they are mandated by law to complete an investigation within one year.

So what types of defenses will the bar owner or manager use if I file my sexual harassment complaint? Well typically they will say the conduct was mutual and therefore consensual. If a member of management is doing the harassment the company will have strict liability. The important thing for you to remember is to try and get as much evidence as possible. This could be text messages, emails or other employees witnessing the conduct. Chicago has many bars and restaurants and there is a great deal of sexual harassment taking place. Act fast and protect your rights if you are the victim of employment discrimination.

Posted On: February 10, 2012

Hobson Air Conditioning Settles Sexual Harassment Lawsuit

Hobson Air Conditioning, Inc. settled a sexual harassment and constructive discharge lawsuit for $37,500. The multiple count discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of former employee Misty Kratky. According to published accounts Kratky's male manager subjected her to sexually vulgar comments and touched her. The sexual harassment occurred soon after she was hired. This manager must have thought she was there to be his play toy. It is amazing this guy was in a leadership position.

The sexual harassment got worse and included repeatedly asking Kratky to show him her breasts. I mean if the guy needed to see breasts that bad he should have gone to a strip club--get a life buddy. This manager also would make crude sexual demands on her and even exposing himself to her on multiple occasions. She complained to management about this but nothing was done to stop the harassment. Because the sexual harassment continued and nothing was done to the harasser, Kratky quit and this is considered a constructive discharge under the law.

EEOC Attorney Toby Wosk Costas said, “As the only female employee in her office, Ms. Kratky was targeted for this crude and disturbing behavior on the work premises."
Posted On: February 9, 2012

Buy Rite Thrift Store Settles Discrimination Lawsuit

Buy Rite Thrift Store pays $50,000 to settle an Americans With Disability Act ("ADA") lawsuit. The discrimination lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a worker who had epilepsy. It is outrageous the way the company treated this man. According to accounts which have been published Buy Rite illegally fired a stocker on the night shift who had epilepsy after he experienced mild seizures at work. Talk about being cold and uncaring. How would you like to be employed by a company like this. This type of treatment of a worker is remarkable.

You would think the company would request the worker take a fitness exam or provide medical documentation of his ability to perform the job duties required of his position. Instead the thrift shop without any proof determined the employee was a danger to himself and others, and terminated his employment. This type of activity is illegal and ended up costing the company a good chunk of change. The EEOC made sure this company paid for what it did.

“It was a hard blow to lose my job because of my employer’s response to my epilepsy,” said the worker. “For 17 years, I have done similar work before as a stocker and cashier at a grocery store. Having mild seizures at work never stopped me from getting my job done successfully.”
Posted On: February 8, 2012

Professional Media Corporation Pays $58,000 To Settle Discrimination Lawsuit

Professional Media Corporation pays $58,000 to settle an Americans With Disabilities Act ("ADA") lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of an employee who had multiple medical disorders. According to published accounts Professional Media Corporation had a policy of forcing employees to sign a “health warranty” certifying their health and that they did not use medications. This type of activity by a company is crazy, unprofessional and as it turns out illegal.

Additionally the company harassed and then unlawfully fired an employee who had Attention Deficit Hyperactivity Disorder ("ADHD") and Auditory Processing Disorder ("ADP"). The company was trying to get rid of employees who may end up costing them money in medical bills. It is very creepy that a company would single out employees who have medical conditions. I hope people learn more about this company and think twice before doing business with them or working for them. The EEOC was able to hold the company accountable for the discrimination and make them pay.

“This case shows that employers continue to make employment decisions based on uninformed prejudices and irrational fears,” said EEOC Attorney Spencer H. Lewis, Jr.
Posted On: February 7, 2012

Sangria' Mexican Cafe Must Pay $51,700 In Sexual Harassment Lawsuit

A federal jury awarded $51,700 in back pay, compensatory and punitive damages to four family members who were fired for resisting sexual harassment at Sangria's Mexican Cafe. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of waitress Lauren Goldston. According to published accounts Goldston opposed sexual harassment and complained about unwelcome sexual advances, remarks, and inappropriate touching by a male cook at the restaurant.

To make matters worse, Goldston’s mother, Sara, aunt, Francesca, and uncle, Max, also worked at Sangria’s. Once they found out what was going on they reported the sexual harassment to Sangria’s’ owner. However nothing was done by the owner to stop the sexual harassment. In fact the sexual harassment created a hostile work environment for all those who were involved. Sangria’s terminated all of the Goldstons in retaliation for reporting the sexual harassment.

“This verdict is significant because it indicates to employers that, regardless of their size, they must afford their employees the statutorily protected right to oppose unlawful discrimination without the fear of retaliation,” said EEOC attorney Bernice Williams Kimbrough.

Continue reading " Sangria' Mexican Cafe Must Pay $51,700 In Sexual Harassment Lawsuit " »

Posted On: February 6, 2012

DXP Enterprises Pays $120,000 To Settle EEOC Lawsuit

DXP Enterprises, Inc will pay $120,000 to settle an Americans with Disabilities Act ("ADA") and age discrimination lawsuit. The multiple count lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Connie Brooks. According to published accounts DXP hired Brooks and then fired her a few days later after learning she had a prior back injury. When you engage in that type of behavior it is a violation of the law and will result in a lawsuit. If you are over 40 and are treated different than younger workers you can also file an age discrimination lawsuit--which is what happened here.

I really can't imagine company managers acting this way in light of current employment laws. It never ceases to amaze me how stupid companies can be. There are so many good workers out there and have prior injuries. I am glad the EEOC was able to secure a good settlement for Ms. Brooks and hopefully the company will learn a valuabe lesson about how to treat people. These employment laws are on the books for reason.

“We are pleased with this employer’s willingness to provide a prompt resolution to Ms. Brooks, as well as the company’s commitment to provide anti-discrimination training.” said EEOC Attorney Mary Jo O’Neill
Posted On: February 4, 2012

Is A Co-Worker Looking At Porn On His Work Computer Sexual Harassment If I See His Computer

What happens if an employee can see his co-worker surfing the Internet and viewing porn? Is this considered sexual harassment? Well the short answer is yes. It would be the creation of a hostile work environment for you and the other employees who have to witness this. Now if the person has control over you like a supervisor or manager the company will have strict liability. If the person does not have control over you, the company only has liability if you report it and the company does not stop the conduct. So the first step would be for you to report this conduct to human resources. I recommend doing this in writing so you have a record of it.

The next step is to monitor what happens next. If the company intervenes and stops the employee from surfing the Internet for porn, the issue is resolved (In a reputable company the employee would be fired). If the company does nothing you need to protect your rights and file a complaint through an employment attorney with the Illinois Department of Human Rights ("IDHR"). In Chicago especially it is important to get representation because the other side will have an attorney and it would put you at a big disadvantage if you go it alone.

Posted On: February 3, 2012

College Student Settles Sexual Harassment Case For $130,000

A college student at the University of Iowa settled her sexual harassment lawsuit for $130,000. According to published documents, the University settled the case in order to move forward and put this behind them. The professor accused of the sexual harassment, Arthur Miller, committed suicide after being charged criminally in this case. He apparently would ask female students to show their breasts and do other sexual type activity in return for good grades. He seemed to target seniors who would be moving out of state after they graduated. This type of activity is very troubling.

When one of the college students came forward and complained the university tried to sweep the matter under the rug. As is typical in these types of investigations the university offers a nominal amount to settle the case. They initially offered $1,000 to settle the sexual harassment case. Talk about an insult. It is amazing that the university actually offered this low amount. You can see why it is very important to get an attorney involved in this type of case early. Protect your rights if you are a student in school and the victim of sexual harassment. In this case the professor was engaging in retaliation also because he changed the grade of one student from an A to a B after she complained about the sexual harassment.

Posted On: February 2, 2012

Hispanic Workers Can Sue Under Ancestry Not Race

The Illinois Department of Human Rights ("IDHR") does not consider Hispanic to be a race for the purposes of filing a discrimination claim. The IDHR only considers three races, white, black and asian. The IDHR considers Hispanic people to fall into the white category and therefore in order to bring a discrimination claim you have to claim the discrimination is based on ancestry not race. So a racial discrimination can't be filed for a Hispanic worker. I know this may sound like a minor detail but it is the law in Illinois. My Chicago office represents many hispanic workers and I file often with the IDHR.

It is very important to properly draft the complaint in such a way as to maximize your chances of success. In Chicago there are many cases that the IDHR has to deal with and the better drafted the charge, the better the chances of a smooth investigation. You goal is to maximize your chances of winning and to maximize the money you may receive. Call an experienced trial attorney who concentrates in employment law cases and get the most out of your case.

Posted On: February 1, 2012

Fire Departments Pays $494,150 To Settle Sexual Harassment Lawsuit

The Los Angeles City Fire Department pays $494,150 to settle a sexual harassment lawsuit. According to published accounts firefighter Anthony Almeida was sexually harassed and complained to management. After management refused to intervene he went to the Equal Employment Opportunity Commission ("EEOC") who filed a complaint on his behalf. The allegations included deeply offensive comments of a sexual and religious nature. The behavior of the co-workers was very cruel and has no place in the workplace.

The problem started when Almeida filed a lawsuit against the Catholic Church regarding sexual abuse he suffered by a priest. One coworker learned that Almeida had filed a lawsuit against the Catholic Church over the abuse, and several coworkers mocked him for that, using explicit and offensive religious and sexual epithets. To make matters worse management engaged in retaliation against Almeida in the form of discipline for his participation in another equal employment opportunity investigation. You can see how much money this type of behavior can cost.

“We are pleased that the Los Angeles City Fire Department is demonstrating its commitment toward creating a workplace free of harassment and retaliation,” said EEOC attorney Olophius Perry.