Posted On: April 29, 2012

Sexual Harassment Lawsuit Against Knox County Settled For $74,000

The sexual harassment lawsuit filed against former Knox County EMA Director Brian Hess and 16 other Knox County defendants was settled for $74,000. It is unusual to have that many defendants in one lawsuit. What this tells me is there was something bad going on at this place of work. According to published accounts the $74,000 has been awarded to the group of six plaintiffs. An independent investigation revealed that Hess engaged in unprofessional conduct which rose to the level of sexual harassment.

This type of activity seems to be taking place more and more. Men in powerful positions think they can engage in any type of behavior they wish without consequences. And if anyone complains they try to fire them. It is very important that employees realize they have options and don't have to take this type of behavior. I am glad the case settled before trial so both parties can put this behind them. Sexual harassment in the workplace makes things difficult for all involved.

Posted On: April 28, 2012

Taco Bells Franchise Pays $27,000 To Settle Religious Discrimination Lawsuit

Family Foods, Inc., which owns a Taco Bell restaurant pays $27,000 to settle a religious discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Christopher Abbey. According to published documents Abbey is a practicing Nazirite who, in accordance with his religious beliefs, has not cut his hair since he was 15-years old. I guess it is safe to say his hair is long. Abbey worked for the company for six years before the company informed him that he had to cut his hair in order to comply with its grooming policy. This is really bizarre that they allowed him to work so long and then all of a sudden required him to cut his hair.

When Abbey explained that he could not cut his hair because of his religion, the company told Abbey that unless he cut his hair, he could no longer continue to work at its Taco Bell restaurant. The company ended up firing Abbey in violation of federal law. An employer must make reasonable accommodations for peoples religious beliefs. In this case it would not have been that big a deal. After all Abbey had been wearing long hair for years prior to the company requiring him to cut it.

“No person should be forced to choose between his religion and his job when the company can provide an accommodation without suffering an undue hardship,” said Lynette A. Barnes, EEOC attorney.
Posted On: April 27, 2012

Peninsula College Settles Sexual Harassment Lawsuit For $55,000

Peninsula College settled a sexual harassment lawsuit for $55,000. The lawsuit was filed by former student Bethel Prescott. According to her published documents Prescott alleged that her work study supervisor and chemistry professor, the late Paul Woodson, repeatedly sexually harassed and defamed her. In the lawsuit, Prescott said she needed to take a sequence of chemistry courses that Woodson taught and that her work study was supervised by Woodson. In short Prescott needed to be around Woodson and she had to endure his sexual comments and behavior.

The lawsuit alleged Woodson misused his position of power and authority to make inappropriate sexual and derogatory comments, engage in explicit inappropriate behavior and generally create a hostile work environment against her. Prescott also claimed that the management of the college allowed a hostile work environment to exist. This type of activity will end up costing a college or employer money every time. My Chicago office sees a great deal of sexual harassment in the college setting. Don't let college professors pressure you to have sex.

Posted On: April 25, 2012

Police Officer Settles Sexual Harassment Lawsuit For $150,000

Officer Wendy Schwartzenberger settles her sexual harassment lawsuit with the Concord Police Department for $150,000. Schwartzenberger is the highest-ranking female officer
and allegedly was the victim of sexual harassment. According to documents which have been made available to the public, she will receive $51,352.70, and her attorneys $98,647.30. You can see how expensive these types of lawsuits can be. This is something that employers should keep in mind. The longer lawsuits drag on the higher the legal fees and many times those legal fees are paid by the employer.

Schwartzenberger's alleged that Lt. Robin Heinemann had made a series of sexually charged comments to her, as well as unwanted physical advances, including hugging and kissing her. Schwartzenberger's is gay and Heinemann allegedly made comments about her sexual orientation and her relationship with her partner. Many times there are multiply categories of discrimination and in this case there were two. You can see how much money it cost an employer when another employee makes stupid comments.

"However, we believe the settlement is in the best interests of all concerned, given the contested nature of the claims, the costs of litigation, and the disruption to staff that trying this case would entail," Coon said.
Posted On: April 24, 2012

Chicago Office Workers and Retaliation Claims

My Chicago office seems to be getting more and more calls from employees working downtown who believe they have been the victim of retaliation. In Illinois, if you complain about discrimination at work or if you cooperate with a discrimination investigation at work and have any negative job action taken against you, you probably have a retaliation claim. For some unknown reason employers just don't like to treat employees well when they complain about employment discrimination. They like to shoot the messenger and get rid of employees who they deem troublemakers.

My advice to you is seek out an experienced and aggressive employment lawyer if you are having trouble at work. You can bet your employer has good legal advice and they are going to do what is in their best interest. Don't get hoodwinked and taken advantage of by human resource departments and business executives. The company has one main goal and that is to maximize profits. Don't forget there are strict time limits for filing discrimination and retaliation claims so act fast. At the Illinois Department of Human Rights ("IDHR") you only have 180 days from the last date of discrimination to file a claim.

Posted On: April 23, 2012

Discrimination Based On Sexual Orientation In Chicago

You are working hard in Chicago and think you are going to get the promotion to manager based on your good work. However, just before the decision, the big boss starts making jokes about gay men and you believe they are directed at you. As a gay man you feel uncomfortable and begin to wonder why the jokes are taking place now. The new promotion is announced and you didn't get it. The job was given to a less education, less experienced straight male and you believe it is because you are gay. What can and should you do? Contact my office because you may have a good claim of discrimination based on sexual orientation. Claims of discrimination based on sexual orientation must be filed within 180 days of the last date of discrimination with the Illinois Department of Human Rights ("IDHR").

Claims at the IDHR can be tricky and it takes experience to navigate the case through in the proper fashion. Sexual orientation claims are especially difficult because you have to show but for the comments and the persons orientation they would have gotten the job. In our example above, you would first have to show your co-workers know about your sexual orientation. Then you have to show that the comments made were directed at your orientation and they showed the boss had a negative view of you based on your orientation. My website lasorsalaw.com has a video on the IDHR which you may find helpful. It walks you through the IDHR investigative process and provides a good amount of detail.

Posted On: April 22, 2012

Chicago Constructive Discharge Cases On The Rise

There is good news and bad news regarding the number of employment related constructive discharge cases in Chicago. The number of claims is on the rise which is bad news for employees but good news for employment attorneys. So what is a constructive discharge? If you are being discriminated against or if another employee is being discriminated against and the effect is making work intolerable and you quit--it is a constructive discharge. So for example if you complain about sexual harassment and then nothing changes and the boss is still making inappropriate comments to you, and they only way to escape it is to quit it would be considered a constructive discharge.

Chicago is one of the biggest cities in the country and there is a very large work force. However, many business owners believe that the economy is such that they don't have to take complaints of discrimination seriously. It is very important that you realize you have rights while you are employed. You don't have to be afraid of what the companies human resource department may do to you. My Chicago office handles constructive discharge cases all the time and I am very experienced in it. Remember there is never a fee to discuss your employment issue. Protect yourself while you are employed in Chicago.

Posted On: April 21, 2012

Chicago Employment Discrimination Tips For Workers

So you are working in downtown Chicago and now after doing such a great job you now have a problem. You are the victim of what you perceive to be employment discrimination and you don't know what to do. In Chicago, discrimination in the workplace is governed by the Illinois Human Rights Act ("Act"). The Illinois Department of Human Rights ("IDHR") is tasked with investigating claims of discrimination under the Act. My office regularly practices at the IDHR and having an experienced attorney discuss your options is a good first start. There are many nuances during the investigation process that can mean the difference between your case being taken to the next level. In this case the next level would be for a trial at the Illinois Human Rights Commission ("IHRC"). The IHRC is where an administrative law judge either finds in your favor or against you. If she finds in your favor you can collect lost wages, attorney fees, and money for emotional distress.

It is very important that you properly document what is taking place at work if you believe you are the victim of employment discrimination. Some types of documentation are emails, text messages, voice messages, the names of witnesses and items like performance reviews. If the boss gives you great performance reviews prior to the discrimination and then you get fired, it would seem obvious that you are the victim of retaliation and the paper trail of performance reviews would be great evidence. My office never charges to discuss your employment related discrimination case. Protect yourself at work and don't let the company's lawyers and human resource personnel dictate your rights.

Posted On: April 20, 2012

Bankers Asset Management Inc. Settles Retaliation Lawsuit For $600,000

Bankers Asset Management, Inc., pays $600,000 to settle a racial discrimination and retaliation lawsuit. The multi-count discrimination lawsuit was filed by the Equal Employment Opportunity ("EEOC") on behalf of black job applications. In Illinois there are three races which qualify for racial discrimination under the law. Those are white, black and Asian. Hispanic is not considered a race but rather a national origin or ancestry for purposes of discrimination law. An experienced employment lawyer can help file your discrimination lawsuit and determine what to file under.

According to documents which have been made public the company retaliated against other employees and former employees for opposing or testifying about the racial discrimination. In some cases employees were demoted and one was even forced out of her job. To make matters worse, some were even sued in state court. I really can't believe this type of activity took place. You can see how the EEOC made this company pay and didn't allow them to continue this obscene practice.

“Excluding qualified individuals from job opportunities because of their race or in retaliation for exercising protected rights are fundamental violations of the laws we enforce,” said EEOC General Counsel David Lopez.
Posted On: April 19, 2012

Burger King Franchise Pays A Whopper To Settle Sexual Harassment Lawsuit

Kaizen Restaurants, Inc., which operates dozens of Burger King restaurants pays $150,000 to settle a sexual harassment lawsuit. The sexual harassment lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of a teenage worker. According to published accounts the teenager got her first job at Burger King and the supervisor began to sexually harass her. The older, married supervisor made unwelcome sexual comments and touched the female teenager. This guy sounds like a real piece of work and I can't believe the company hired such a man.

To make matters worse the supervisor would discuss her virginity, and demand that she have sex with him. You wonder if this manager was actually doing any work while at work. When she rejected his advances he ordered her not to tell management about his behavior. She reported this crazy conduct to management and they refused to intervene and stop it. The supervisor then began to follow her around the store and into the parking lot on breaks. She finally quit because of this hostile work environment. When an employee quits because of discriminatory conduct it is called a constructive discharge. You can see how much money this Burger King franchise had to pay because of the horrible actions of a supervisor. In Illinois there is strict liability on the company if the supervisor engages in sexual harassment.

“What I had to face at work every day was humiliating and wrong,” said the worker, who was 17 years old when she started working there.


Posted On: April 17, 2012

Sexual Harassment Cases Increasing For Warehouse Workers

There seems to be increasing sexual harassment claims for people with warehouse type jobs. The increase could be due to a number of factors but the most likely is the bad economy and lack of proper discrimination training. Many workers probably feel like they shouldn't complain for fear of losing their job. Of course if you get fired for reporting sexual harassment you would have an additional claim of retaliation. Despite this fact many companies that have warehouses don't seem to be providing adequate training on sexual harassment and discrimination in general. This trickles down to the managers and then the workers.

Posted On: April 16, 2012

Victims of Sexual Harassment Seven Times More Likely To Leave Company

A new study out claims that people who file complaints of sexual harassment are seven times more likely to either quit or get fired from their company. Compare this to only ten percent of the people engaging in the sexual harassment leaving the company. What this study shows is that companies are not taking sexual harassment seriously. Getting fired for reporting sexual harassment is called retaliation and it seems to be taking place often. And if the working conditions get so bad after reporting sexual harassment that the person must leave, it is called a constructive discharge. In either case, it is just wrong that a victim of sexual harassment has to leave her job.

The study was conducted by the Work For Life at the University of Southern Australia. The study also claims that the average payout for a victim of sexual harassment is $7,000. This number is misleading in my opinion. One reason is each case is different and many cases are settled with a confidentiality clause so the real payout amount in many cases is unknown and therefore unaccounted for in this study. Another interesting point the study makes is that many sexual harassment claims are poorly handled inside the organization. The task of investigating a sexual harassment complaint would usually fall to the human resources department. What is clear from the study is that if you are the victim of sexual harassment contact an employment lawyer and protect your rights.

Posted On: April 14, 2012

Cheesecake Factory Settles Sexual Harassment Lawsuit

The Cheesecake Factory settles a sexual harassment lawsuit for an undisclosed amount of money. This particular Cheesecake Factory is located in Woodland Hills. According to already published accounts Vanessa Lopez alleged her supervisors sexually harassed her and then fired her for complaining. When someone is fired for complaining about sexual harassment it is referred to as retaliation. In Illinois if you are the victim of sexual harassment or retaliation you can file a complaint with the Illinois Department of Human Rights ("IDHR"). This type of activity happens all too often. A person complains about sexual harassment and then a negative job action follows--in this case her termination. And the most troubling aspect of this is that the person who did the sexual harassment continues to work for the company.


Lopez started working at the Cheesecake Factory when she was 18, and was a good employee for three years prior to complaining about sexual harassment. In her sexual harassment complaint Lopez alleges general manager David Allen made inappropriate comments about Lopez's appearance, her body and even her scent. To make matters worse, he began touching her and sending her unwanted text messages. When she told him to stop her laughed and did not stop. Apparently he wasn't the only one that engaged in sexual harassment, she also claimed the executive kitchen manager Anastacio Rodriguez touched her. The company claims they fired her for issues unrelated to the sexual harassment claim. They allegedly caught her on video stealing tips that belonged to another colleague from the tip jar. I am always suspect about such claims and wonder why there wasn't a police report or why they would settle a case if they had such good evidence.

Posted On: April 13, 2012

EEOC Settles Age Discrimination Lawsuit For $574,000

Kelley Drye & Warren, a law firm with over 300 attorneys, settles an age discrimination lawsuit by paying $574,000. The firm also agreed to end its policy of requiring partners to give up their equity in the firm once they reach 70 years of age. The age discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Eugene D'Ablemont. According to documents which have been made public, attorneys who wanted to practice law after reaching 70 could only do so by giving up all ownership interest in the firm. Because the policy of the firm was tied to age, the EEOC alleged discrimination based on age was taking place.

Requiring people over 70 to give up their equity resulted in significant under-compensation of D’Ablemont, who has continued to practice law full-time at the firm since he turned 70 in 2000. The EEOC alleged that this conduct violated the Age Discrimination in Employment Act ("ADEA"), which prohibits discrimination based on age, including in compensation. I am glad the EEOC made the firm take a good look at its' policy and change it. People should be judged on their merits, not their race, color, gender or age.

"There is no reason why attorneys who are capable of continuing to practice at 70 either should be forced to retire or otherwise be dissuaded from continuing to work in their chosen profession just because of their age,” said EEOC General Counsel P. David Lopez.
Posted On: April 12, 2012

Are Sexual Comments Enough For Sexual Harassment Complaint In Chicago?

My Chicago offices gets daily calls from people who complain about what they believe are discrimination claims. Many such claims involve a person at work making sexual comments. The question then becomes is an employee or the boss keeps making sexual comments at work is that sexual harassment in Chicago? The short answer is yes. There are two types of sexual harassment. The first is quid quo pro, where the harasser is trying to save sex with you in return for some favor. The second type is called a hostile work environment. Sexual comments would fall into the category of a hostile work environment.

So what do you do if the boss is making these sexual comments on a daily basis? You should contact an employment lawyer and also report this conduct to human resources. Now be aware that human resources may do nothing and the boss may end up engaging in retaliation against you for reporting him. This is why you need to also contact an employment lawyer to ensure your rights are protected. Don't let people get away with making nasty, sexual remarks at work. You have a right to enjoy a hostile free workplace in Illinois.

Posted On: April 11, 2012

EEOC Settles ADA Lawsuit For $125,000

Resources for Human Development, Inc. ("RHD") pays $125,000 to settle a discrimination lawsuit. The Americans With Disabilities Act ("ADA") lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Lisa Harrison. According to published accounts, Harrison worked as a prevention specialist for RHD and was fired on September of 2007. RHD violated the ADA when it fired Harrison because of her disability, severe obesity, even though she was able to perform the essential functions of her job. In a very tragic event, Harrison died before the case was settled and therefore she was not able to see justice prevail.

In this case the court concluded that severe obesity may qualify as a disability regardless of whether it is caused by a physiological disorder, rejecting RHD’s argument to the contrary. This is an important point that employees should realize. Employment rights for employees are increasing in Chicago and when in doubt if you are being discriminated against contact an employment lawyer. To bolster the case that obesity is the result of a physical disorder the EEOC offered an expert renowned in the field of obesity researcher. He concluded that Harrison’s obesity was the result of a physical disorder or disease, and was not caused by lack of character or willpower.

“All people with a disability who are qualified for their position are protected from unlawful discrimination,” said EEOC General Counsel David Lopez.
Posted On: April 10, 2012

Tips If You Are The Victim of Sexual Harassment In Chicago

So you are working hard and doing a great job at work. You love your job in downtown Chicago and things couldn't be better. But now your boss is getting creepy and you believe engaging in sexual harassment. What should you do? The first thing you should do is make it clear to the boss that you are only interested in a business relationship. The second thing you should do is call my office for some legal advice--which is free. Remember once you complain to human resources about your boss things could get ugly for you. Many times the human resource department will view you as a trouble maker and find a way to minimize your complaint or just take steps to fire you. It is very important for you to document the sexual harsassment as best you can. There are a number of ways you can do this even if the boss is being clever and sexually harassing you one-on-one.

My Chicago offices files complaints of sexual harassment and other forms of discrimination at the Illinois Department of Human Rights ("IDHR") on Randolph and LaSalle. However, prior to filing a discrimination complaint with the IDHR, it is important that we try to get as much evidence of the sexual harassment as possible. The evidence could include other people witnessing the harassment, text messages, voice messages, emails or other written documentation. We can also get copies of phone logs to show the dates and times of telephone calls. This is very helpful when you get calls late at night or on weekends and you don't have the type of job that requires those types of off-hour calls. I was say the most important thing to do is ensure you have evidence of the sexual harassment before you complain to human resources. Make sure you know your employment rights before you take the next step.

Posted On: April 9, 2012

Tactics Chicago Human Resource Departments Use in Sexual Harassment Cases

So you are working hard at your workplace in the loop in Chicago and the boss starts to engage in sexual harassment. First it is comments about how sexy you look, then it is invitations to lunch and events after work. He is even texting you late at night and the text messages seem inappropriate. You go into work and tell human resources about it. What should you expect from human resources? Well they should do an investigation into the allegations. And they shouldn't engage in retaliation against you for reporting the sexual harassment. The problem is, that isn't always the case. Many times human resources circles the wagons and blames the victim. I am not sure what the reasoning is for this but believe it is an attempt to deflect potential blame from the management of the company--which would include human resources.

In reality here is what my Chicago offices sees often in sexual harassment complaints. The human resource department claims they will investigate and tells the victim to go back to work. The victim of harassment then starts getting negative job actions and a hostile work environment at work. I see the human resource department drag out their investigation for long periods of time. They may claim that key people are unavailable or they are waiting on telephone records. What they are really doing is allowing more than 180 days to expire so you can't file a sexual harassment complaint with the Illinois Department of Human Rights ("IDHR"). So be very careful after you make a sexual harassment complaint at work.. Consult with an experienced sexual harassment attorney so you know your rights and don't fall victim to the tactis of the human resource departments.

Posted On: April 7, 2012

Beehive of Vernal Inc. Settles Pregnancy Discrimination Lawsuit For $22,000

Beehive of Vernal, Inc., pays $22,000 to settle a pregnancy discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit was the result of a failed attempt to settle the case by both parties. According to published accounts Beehive’s owner offered an assistant manager’s job to a replacement upon learning of the assistant manager’s pregnancy. This would constitute pregnancy discrimination because they are treating the pregnant employee different than other employees based on her pregnancy.

To make matters worse, the owner repeatedly asked her when she planned to stop working. Unless he asked this question of all employees this is discrimination. I really can't believe this owner would treat a pregnant woman this way. The owner also subjected the pregnant woman to closer scrutiny, ultimately compelling her to quit. When an employee is forced to quit it is referred to as a constructive discharge. In Illinois it is a violation of the Illinois Human Rights Act ("Act") to discriminate against someone based on pregnancy. It is also a violation of federal law to discriminate against someone for the same reason. Additionally, if you force an employee to quit because you make work difficult for them, it is an additional charge of discrimination.

“Pregnancy discrimination is a form of sex discrimination. The EEOC is steadfast in its commitment to assist victims of all forms of employment discrimination.” said EEOC attorney Rayford Irvin.
Posted On: April 6, 2012

The Cost Of Defending A Sexual Harassment Lawsuit In Chicago

I am a plaintiff's employment law attorney and represent those that are the victims of sexual harassment and other forms of discrimination. So how much does it cost a company to defend a claim of sexual harassment? There is no bright line answer to that question. First, the facts and circumstances of each case will dictate how much attorney fees may be. Second, the venue chosen by the plaintiff and her attorney will also impact attorney fees. So for example if you chose federal court there is a better chance attorney fees will be higher than say at the Illinois Human Rights Commission ("IHRC"). There are several reasons for this. In federal court, you must be a member of the trial bar along with the general bar in order to take the case to trial. What this translates to is a more senior attorney will probably have to handle the case. This translates to higher hourly rates. Generally speaking, lower level lawyers can take cases to trial at the IHRC whereas a more experienced attorney is needed in federal court.

Another reason for high legal fees in Chicago defending sexual harassment cases is the system defense lawyers have in place. For the most part they charge by the hour. What this means is if they settle the case very quickly, the cut off their own nose so to speak because they end their payday. It is actually to their advantage to have prolonged litigation. They may not like hearing that but it is factually correct. So there isn't much incentive for defense lawyers to settle sexual harassment cases early in the process. On the other hand it makes them rich by dragging cases on for a long period of time. I am claiming they intentionally drag cases on for a long time, but I am just stating the obvious.

Posted On: April 5, 2012

Personal Touch Home Care Settles Discrimination Lawsuit

Personal Touch Home Care pays $35,000 to settle an Americans With Disabilities Act ("ADA") lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after settlement talks broke down. According to court documents, Pamula Calfee was fired because of her disabilities. The disabilities included renal failure, chronic obstructive pulmonary disease and asthma. An employer has to make a reasonable accommodation for someone who has a disability. Calfee was employed for many years and had no problems performing her job.

It is unfortunate that employers still don't treat employees correctly. Employees have rights and when those rights are taken away, employment lawyers can file discrimination claims with agencies like the EEOC. In Chicago, I prefer to file claims like this with the Illinois Department of Human Rights ("IDHR"). The advantage of filing with the IDHR is that they cross-file with the EEOC on overlapping claims and they investigate within one-year. The EEOC usually doesn't investigate discrimination claims within one-year. This case is a good illustration of why an employer should just make reasonable accommodations for a disabled employee.

“Treating an employee badly based on a physical impairment violates the very core of the ADA, and the EEOC will continue to fight for the rights of disability discrimination victims,” said EEOC attorney Laurie Young.
Posted On: April 4, 2012

Standard For A Sexual Harassment Complaint In Chicago

You work in downtown Chicago in the Loop and you love your job. Your work seems to be going rather well and you get great reviews and evaluations. However, there is now a sudden problem. Your boss keeps making semi-sexual comments and seems to be taking a rather personal interest in you. He seems to stop by your desk more than he should, he asks about matters outside of work and his tone is more flirtatious than business. He is now trying to meet you outside of work for pretend business reasons and you don't know what to do. Because he is your boss there is strict liability on the company for sexual harassment if this rises to sexual harassment. These facts may be enough to rise to the level of sexual harassment in Chicago and in the rest of Illinois.

In order to rise to the level of sexual harassment in Illinois under the Illinois Human Rights Act ("Act"), the sexual harassment has to be unwanted and purvasive. That standard is subjective and based on the facts of each individual case. Does the boss have a business reason for his actions? Is he taking similar actions with male employees or other females? Is there a reason he has to see you outside of business or is this just a pretext? If you believe you are the victim of sexual harassment in Chicago, my office can file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR"). Under the Act, the IDHR is tasked with investigating complaints of sexual harassment and other forms of employment law discrimination. It is very important to file right away because there are strict time limits that apply and failure to meet those deadlines can adversely affect your legal rights.

Posted On: April 3, 2012

Chicago Secretaries Subjected To Sexual Harassment

So you work hard all day as a secretary or administrative assistant and you now have a problem. Your boss has been hitting on you and makes you feel uncomfortable. So what constitutes sexual harassment in Chicago and throughout Illinois? What I just described above would be regarded as sexual harassment in Chicago. Because the boss has power and control over you the standard for sexual harassment is different than if another employee asks you for a date. Just think, if you reject the boss and don't go out with him, you may feel he would treat you different after the rejection. And you may feel compelled to go out with him for fear of making him made. These are the reasons it is sexual harassment if the boss hits on you at work. And the company would have absolute liability if the boss sexually harassed you at work.

So what do you do if this happens to you? After you contact my office we would file a sexual harassment complaint against the boss and your company at the Illinois Department of Human Rights ("IDHR"). The IDHR is the investigative agency that is tasked with conducting investigations of violations of the Illinois Human Rights Act ("Act"). Sexual harassment is a violation of the Act and investigation of this violation would fall within the purview of the IDHR. Of course because the IDHR only investigates, they can't award money to the victim of sexual harassment. If you are successful at the IDHR and they issue a finding of substantial evidence, you can file a complaint with the Illinois Human Rights Commission ("IHRC") and they can award money to you if successful at trial.

Posted On: April 2, 2012

Illinois Department Of Human Rights Legal Tips

So you are in Chicago and you believe you are the victim of discrimination. What should you do to protect your rights? My Chicago office handles many types of discrimination and I file with the Illinois Department of Human Rights ("IDHR") and they will automatically cross-file with the Equal Employment Opportunity Commission ("EEOC") if the subject matter is allowable. The advantage to filing with the IDHR is they are mandated by the Illinois Human Rights Act ("Act") to investigate the discrimination complaint within one-year. This means your case will be quickly moved through the system and perhaps a resolution between the parties can take place.

For example in a sexual harassment case, the EEOC will allow for cross-filing and you will have multiple options going forward. This gives you the ability to file a sexual harassment lawsuit in federal court or if you follow the IDHR/state route, in state court or with the Illinois Human Rights Commission ("IHRC"). A note, you can only file with the IHRC if there is a finding of substantial evidence by the IDHR or if the IDHR fails to complete its investigation within one-year. Make sure you protect your rights if you have been the victim of discrimination in Chicago or in other areas of Illinois.

Posted On: April 1, 2012

AutoZone Inc. Pays $75,000 To Settle A Religious Discrimination Lawsuit

AutoZone, Inc., pays $75,000 to settle a religious discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts of the alleged discrimination AutoZone subjected Frank Mahoney Burroughs, an employee who had converted to the Sikh religion, to harassment and refused to accommodate his religious need to wear a turban. As long as wearing the turban would not affect his work performance, a reasonable accommodation needed to be made.

Details of the lawsuit include AutoZone managers harassing Burroughs by disparaging his religion, and asking if he had joined Al-Qaeda. Those type of comments are well over the line and inappropriate. They also asked if he was a terrorist. It even got worse for Burroughs as customers would refer to him as Bin Laden and made terrorist jokes. It must have been very hard to go to work every day under this type of pressure. The last straw was when AutoZone terminated him because of his religion and in retaliation for asking for an accommodation and complaining about discrimination.

“It is plainly unlawful as well as cruel and counter-productive to harass employees or co-workers because of their religion,” said EEOC attorney Elizabeth Grossman.