Illinois Sexual Harassment Attorney Blog

Health Partners, Inc., pays $25,000 to settle an Americans WIth Disabilities Act ("ADA") lawsuit. The disability discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after settlement talks broke down. According to published accounts Health Partners refused to allow an employee to start working after she tested positive for tuberculosis on a preliminary skin test. Now at first glance one would say this sounds like a good idea so that other employees don't get sick. However, she was not contagious and did not pose a direct health risk to the other employees.

The company claims it settled the case because it did not wish to engage in protracted litigation. However, another reason could be that they would have lost the case at trial and would have to pay even more money in damages and also in legal fees. In addition to the money they paid Health Partners agreed to a two-year consent decree which requires it to give ADA training those employees responsible for hiring.

“The agency’s two-year consent decree provides complete relief to the employee, and also provides protections to future employees,” said EEOC attorney Nedra Campbell “We commend Health Partners for making this commitment to train its hiring personnel at such an early stage in this case.”

Pioneer Place Assisted Living settled an Americans With Disability Act ("ADA") lawsuit for $80,000 recently. According to published accounts Pioneer refused to hire Pamila Bourasa for a cook position even though Bourasa had already completed a positive interview and had discussed a start date. The issue of her disability arose when she needed to pass a drug test before beginning work and she mentioned that she had epilepsy and was taking a prescription medication that would show up on the drug test.

The sad fact is that Bourasa quit her other job and then Pioneer rejected her because of drug test results.The ADA prohibits employers from using selection standards or criteria which screen out people with disabilities. This case was filed by the Equal Employment Opportunity Commission ("EEOC") after first trying to resolve the matter through settlement. Once the case was filed, the company decided to settle. This happens often as the large legal bills start to come in and the company can see they did something wrong.

“This was a devastating experience for me but I am glad to put this behind me,” said Bourasa “My whole life I have been faced with people not understanding epilepsy and making incorrect assumptions based on fear and stereotypes."

My Chicago offices gets many calls from administrative assistants and secretaries who are subjected to sexual harassment by their bosses. They usually want to know what their rights are and what they can do. First, try and gather as much evidence as possible regarding the sexual harassment. This would include text messages, voice messages and emails. Also, if there are witnesses to the incidents, make a note of the persons name, the date and what occurred. If you don't make a note it will be hard to recall the exact details which could hurt your case. So if you do all of this and you have some evidence what should you do next?

The short answer is call my Chicago office and we can discuss the facts and then file a complaint with the Illinois Department of Human Rights (""IDHR"). The IDHR is mandated under law to complete an investigation into any discrimination within one-year. This allows the case to move quickly through the system and usually results in settlement during that time. If the case isn't settled, and substantial evidence is found, we can file for trial at the Illinois Human Rights Commission ("IHRC"). This allows for maximum pressure on the other side to settle the case.

Tempe Elementary School District pays $148,092 to settle an age discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts the school district utilized an early retirement incentive plan and a normal retirement plan which granted greater economic benefits to younger employees based solely on their age. This type of plan is violation of the Age Discrimination in Employment Act ("ADEA").

The school district recently revised its retirement plans to comply with the ADEA as a result of the litigation. You can see what a positive result that occurred because of the litigation. The agency obtained all the actual damages it sought, together with interest.

“Discrimination on the basis of age is simply illegal. People in their 60s should not be penalized merely because they want to continue working. A retirement plan which states, for example, that employees 52 years old will receive a greater economic benefit than an employee 61 years old for retiring early is discriminatory on its face.” said EEOC attorney Mary Jo O'Neill

A Carrollton pays $200,000 to settle an age discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Dan Miller. According to published accounts regarding this lawsuit, vice president and general manager, Gary Craven, made inappropriate age comments to Dan Miller, a 64-year-old national sales manager. Eventually Craven fired Miller because of his age. To make matters worse, the day after Miller was fired he was replaced by a worker in his 30's.

Some facts which really helped Miller in this case were the fact that Miller had almost 20 years experience selling the company's products. He was also hired by the company founder. Some of the language used to show age discrimination included calling Miller "old-fashioned" and repeatedly expressing his preference to hire younger salesmen with his motto: "30-30-30. What the vice president meant by that was hire a 30-year-old with an IQ of 30 and pay him $30,000. I guess we can see who had the IQ of 30.

"Older workers have the right to be evaluated based on their abilities and not based on their age," said EEOC Attorney William C. Backhaus.

Continue reading " A. Carrolton Settles Age Discrimination Lawsuit For $200,000 " »

Guardsmark pays $25,000 to settle a national origin and retaliation lawsuit. The multi-count lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a security guard from East India. According to published accounts a co-worker would repeatedly make derogatory comments about the East Indian guard and also make comments about the mans age--66. This type of activity is a violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act ("ADEA").

It is further alleged that Guardsmark not only ignored the employee’s reports of discrimination, but engaged in retaliation against him with an involuntary transfer. You cannot take a negative job action against an employee who complains of discrimination. In this case that is exactly what Guardsmark did. In my opinion the company got off with paying a minimal amount of money. They are very lucky they settled when they did. If the guard was successful at trial he could be awarded his attorney fees which would be substantial by the time this case went to trial.

“I am glad I reported my case to the EEOC and glad to put this behind me,” said the former security guard. “I hope my case will help others understand that an employer has an obligation to ensure a workplace free of harassment.”

So your former boss engaged in retaliation against you when you spoke up about sexual harassment in the workplace. The retaliation ended up being a demotion and loss of pay. You contacted an employment laywer and filed a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR found substantial evidence and now you are filing with the Illinois Human Rights Commission ("IHRC") for trial. What can you expect? How long will it take? What are your chances?

Well, generally it will take about a year before your case will actually get heard by an administrative law judge at the IHRC. The other side would file a verified answer, then the attorney's meet with the judge to set a discovery schedule and engage in discovery. After discovery is complete, either side can file dispositive motions. Only after those motions are ruled on are you ready for trial. You chances will depend on the facts of your case. It will also depend on how good the discovery requests are and what you receive from the other side during discovery. This is why you should never go it alone. Discovery is very important to the outcome of a discrimination case.

My Chicago office has been getting a number of calls from people who have been sexually harassed while shopping. The sexual harassment has been from employees of the store. The question they ask me is can they file a sexual harassment complaint with the Illinois Department of Human Rights ("IDHR"). The short answer is yes they can. In Illinois you are suppose to be free from discrimination and sexual harassment in public facilities. Therefore a business cannot discriminate against you while you are a customer.

I notice that most of the sexual harassment involving shopping centers and customers are being perpetrated by management. For some reason managers believe they can hit on the women while they shop. This is a very big mistake and will end up costing the company money. It is very important for you to consult with a discrimination lawyer if you believe you have been victimized while shopping in Chicago or elsewhere in Illinois.

Mid Valley Labor Services, Inc., pays $150,000 to settle a sexual harassment and retaliation lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of females employees. According to published accounts female employees working in grape vineyards were subjected to sexually explicit language while they attempted to do their jobs. To make matters worse their male crew supervisor propositioned them for sex. That would form the basis for the sexual harassment claim. If a supervisor is engaging in sexual harassment there is strict liability on the employer. You can see why a company should invest in sexual harassment training.

For the retaliation claim two women who objected to the harassment were fired. If you complain about discrimination, including sexual harassment and a negative job action is taken against you, it is called retaliation. So in this case there were two types of discrimination and the company had to pay a large amount to settle this case. I am always amazed at how little training companies offer their employees, especially management type employees. In the end if you engage in sexual harassment and you allow your management people to engage in it or support it you will end up paying money.

"The agricultural industry, with a largely immigrant workforce, employs many women who are particularly vulnerable to sexual harassment,” said EEOC Attorney William R. Tamayo.

So you are at work in Chicago and things seem to be going well. However, your boss is making inappropriate comments to one of your female co-workers. You witness this each day but keep your mouth shut because you don't wish to rock the boat. The female co-worker takes it for months and finally she complains to human resources and files a sexual harassment complaint. As part of the human resource investigation they call you and and talk with you about what you may have witnessed. You tell the truth and support her claim. You don't think about it and continue doing a good job. But now you have a problem.

All of a sudden you are being given a negative performance review out of the blue. And management is telling you that if you don't shape up you are going to be fired. What is happening? This happens all too often. It is called retaliation. In Illinois it is a violation of the Illinois Human Rights Act ("Act") and you can file a complaint with the Illinois Department of Human Rights ("IDHR") based on retaliation. Even though you are not the one complaining about the sexual harassment you can still file a complaint. It isn't enough for you to complain to human resources. You must file with the IDHR if you wish to get protection. And remember, human resources are the ones who are engaging in retaliation with the negative performance review so how much help are they going to give? Protect yourself if you are in this type of situation and understand you have rights.

My Chicago office gets inquiries about sexual orientation cases all the time. One question people have is can the case result in victory at the Illinois Human Rights Commission ("IHRC")? First we should discuss what a victory would be. At the IHRC if you are successful you can get lost wages, lost benefits, attorney fees, money for emotional distress, and money for any medical bills you have incurred as a result of the discrimination. Also the Judge may order the company to have to undergo mandatory training on discrimination, and may bar them from doing business with the state for up to three years. So how do you go about winning your case at the IHRC?

First you have to file a complaint with the Illinois Department of Human Rights ("IDHR") and get a finding of substantial evidence. Next the case is filed with the IHRC and discovery will take place. Discovery is where cases are won and lost. It is very important that you cooperate fully during this process and answer questions from the other side as fully and accurately as possible. It is also very important that you have a good employment lawyer during this phase because you want to ensure the discovery that is sent to your employer is good. If you don't ask for the right information in the right way, you will not get important documents which you can utilize at trial. Sexual orientation cases are very good cases to take before the IHRC and can often lead to good awards.

So your boss has been making comments to you that are not work related. He seems to ask a great deal about what you do after work. He is now starting to text you after work and the text messages indicate he wants some sort of relationship. What should you do? My Chicago office is seeing a large number of sexual harassment cases involving text messages. In Illinois there is strict liability on a company if a supervisor engages in sexual harassment. If your boss is texting you about personal activity and wants a relationship outside of work, this would be sexual harassment.

When you have been the victim of sexual harassment or other forms of discrimination in Chicago, you can file a complaint with the Illinois Department of Human Rights ("IDHR"). If you file with the IDHR they are mandated by law to complete an investigation within 365 days. This is good news because it means the case will be moved along rather quickly. I think the IDHR does a very good job at investigating cases in Chicago. The bottom line is save your text messages and see an employment lawyer at once if your boss is hitting on you.

LP settles an Americans With Disabilities Act ("ADA") lawsuit for $60,000. The ADA lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Jason O'Dell who was applying for an job with LP. According to published accounts, LP refused to hire O’Dell, because of his disability, Asperger’s syndrome. In case you don't know this is a medical condition that is an autism spectrum disorder. You cannot hire someone because of a disability. The ADA has been on the book for a long time, so it's hard to believe the company did not train its' employees better.

Based on his qualifications for the lab technician position he sought, Randstad, the hiring manager had originally fast-tracked O’Dell’s participation in the hiring process. However, as soon as his medical condition came to light, O’Dell was told that the lab technician position had been put “on hold,” and he was not hired. You can't do that to a potential employee. It was obvious that he was being denied the position because of his disability.

“Employers must make employment decisions based on the applicant’s ability to perform the duties of the job, not uninformed prejudices or irrational fears,” said EEOC Attorney Debra M. Lawrence.

Central Freight Lines Inc. pays $400,000 to settle an age discrimination lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"). The money will be paid to eight former dockworkers. You have to remember that a company would not pay this amount of money to settle a case unless there was merit to it.

Published accounts alleges Central Freight Lines, Inc. discriminated against Ricky Curry, John Bean, Paul Elwell, Richard Harris, James Thurmond, Keith Vessels, Purvis Carter and Reynaldo Tijerina by selecting them for termination because of their age in an reduction in force. Many times the company will disguise an age discrimination activity by claiming a reduction in force. Some of the men had worked at the company for 20 or more years and were approximately 50 years old and older. This type of activity is illegal and you can see it cost the company some money.

"It is an injustice to terminate these loyal workers who gave so many years of their lives to Central Freight," said William C. Backhaus, EEOC attorney. "Laying people off because of their age is a violation of federal law."

Continue reading " Central Freight Lines Inc. Pays $400,000 To Settle Age Discrimination Lawsuit " »

Four Points by Sheraton hotel pays $50,000 to settle a national origin discrimination lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of employee Basil Massih. According to published accounts, the company subjected Massish to a hostile work environment because of his Iraqi national origin. In fact the harassment got so bad that he had to resign his position which is also known as a constructive discharge.

The alleged harassment included mimicking Massih’s accent and mocking Arab vocal expressions. I know this sounds like such childish behavior but who would want to come into work each day and put up with this. To make matters worse he had to endure ethnic slurs such as “camel jockey”; and taunting and jeering at Massih relating to news stories about Iraq and the capture of terrorists. Massih complained to management but nothing was done to stop the harassment. I bet they take this type of behavior more serious now

“Employers have an affirmative duty to protect employees from discrimination and national origin harassment.” said EEOC attorney Mary Jo O’Neill

Health Management Group, Inc. ("HMG") pays $260,000 to settle a gender discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of Krishna McCollins and Donna Davidson. Both of the female workers were directors of franchise development. The problem for the female workers was they were paid less than a male who performed substantially equal work for HMG. It is a violation of Title VII of the Civil Rights Act of 1964 to treat men and women different regarding pay and terms of employment.

n addition to paying this large sum of money the company will have to provide for training for all of HMG’s employees, managers, and supervisors on employee rights and employers’ obligations under the Equal Pay Act and Title VII. In addition HMG must post an anti-discrimination notice to all employees. This is typically what happens are part of the settlement process. You can see why it is in the best interest of the company to settle prior to the employee filing a complaint with the EEOC.

“The EEOC will not tolerate discriminatory pay practices,” said EEOC attorney Debra Lawrence.

My Chicago office often gets calls regarding mediation at the Illinois Department of Human Rights ("IDHR"). So what is mediation and is it a good thing? At the IDHR there is a special unit that tries to resolve claims before they get investigated. In short, they try to resolve matters before the IDHR or the attorneys spend too much time and money on them. Mediation in theory is a good approach to settling cases. The issue I have with the IDHR mediation unit is they require you to sign an extension before they will mediate the case. By law the IDHR must complete an investigation within 365 days from the date a charge is perfected. When you agree to mediate a case, the investigation process stops but not the period of time given to investigate the case. I can see the reason why the IDHR wants you to sign the extension, I just don't like to sign them. I also don't like to engage in mediation unless the parties are trying to settle the case and are stuck on numbers. For example if we are offering to settle for $60,000 and they offer $10,000 and we keep negotiating and we are now at $40,000 and they are at $25,000 and neither party will budge, mediation may be helpful to get both parties to move off their number and settle. I don't mediate however is the other side isn't offering any money or isn't negotiating in good faith.

If you do sign the extension what can you expect at mediation? Well the mediation unit has some great mediators at the IDHR. They act as a neutral party and try to point out the strengths and weaknesses to each party as the parties present their positions. One requirement for mediation is that each party bring someone who is authorized to settle the case. So for example in a sexual harassment case against a company, the company would have to bring someone to mediation that would be able to bind the company to an amount agreed upon. It isn't good enough to just bring an attorney and someone from human resources, unless the human resource person is authorized to settle on behalf of the company. The important point to remember is that the purpose of mediation is to settle the case. So go with an open mind and be willing to compromise. Even if mediation is unsuccessful, both parties get a better understanding of the case which is always a good thing.

There has been a growing trend in Chicago toward managers and owners subjecting waitresses and other bar and restaurant workers to sexual harassment. Part of the reason may be the type of work atmosphere where liquor and intoxicated people abound. Whatever the reason, engaging in sexual harassment is against the law and will subject the owner to liability under the Illinois Human Rights Act ("Act") and Title VII of the Civil Rights Act of 1964. An employee who has been subjected to sexual harassment can file a complaint with either the Illniois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). I personally prefer to file with the IDHR because they cross-file with the EEOC and they are mandated by law to complete an investigation within one-year. One could also file a complaint with the Chicago Commission on Human Relations ("CCHR"). One big advantage to filing with the CCHR is they can award punitive damages.

So which venue does your sexual harassment case belong in? The short answer is let an experienced employment lawyer evaluate your case and decide for you. There generally isn't a one size fits all strategy. For example if you have very low lost wage damages but the sexual harassment was very tramatizing and obscene perhaps going for punitive damages with the CCHR would be the proper venue. The important thing to remember is there are strict time limits that apply for filing a claim of discrmination. Dont' be one of those people who procrastinate and ends up missing a deadline. The company will have legal advice and people working on their behalf, so should you.

Continue reading " Chicago Waitresses Subjected To Sexual Harassment " »

A cement company called Roadrunner Redi-Mix Inc. pays $80,000 to settle an Americans With Disabilities Act ("ADA") discrimination lawsuit. The discrimination was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of Eliud Tafoya. Tafoya was a cement driver with a neck impairment. The company refused to make a reasonable reasonable accommodation. Specifically, Tafoya requested to be exempt from cleaning the inside of the concrete barrel of his truck once a year, or in the alternative, to use the jackhammer, which was used to remove the excess concrete, in a downward motion, as opposed to the typical upward, overhead motion. This was a very reasonable request however the company refused it.

According to published accounts Tafoya safely performed his job duties for two and a half years of employment, and it wasn’t until he requested that reasonable accommodation that he was immediately sent home on unpaid leave and eventually terminated. This was a violation of the ADA and will cost a company money every time. It is very important that people realize their rights to be free from discrimination while they are employed. Companies don't have a right to subject you to violations of the law. Violating the ADA is a violation of Title VII of the Civil Rights Act of 1964.

“The EEOC will continue to diligently enforce federal law to ensure that people with disabilities are free from harassment or discrimination in the workplace,” said Mary Jo O’Neill, EEOC attorney.

Golf International settles a retaliation lawsuit for $25,000. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Jeffrey White. According to published accounts the company fired White one day after he submitted an internal complaint reporting sexual harassment. He reported that several female employees felt they had been sexually harassed by the head chef. This happens quite often. The company fired the messenger of bad news. After White filed a discrimination charge with the EEOC, the company offered to hire White back if he dropped his EEOC charge.

Many times people are afraid to come forward for this reason. They try to do the right thing and it ends up costing them their job. In this tough economy this really hurts. I am glad the EEOC was able to hold the company to the law and make them pay Mr. White. My Chicago offices gets many calls like this. Make sure you don't let companies push you around. Protect your employment rights and document everything at work.

“Employment discrimination cannot be stopped or corrected if employees do not feel free to report it,” EEOC Attorney Mary Jo O’Neill said.