Illinois Sexual Harassment Attorney Blog

The day seems to be going great for you but just like your other days at work the boss keeps sending you sexual messages and making comments to you. You are really tired of it and don't want to take it any longer. What should you do? You know you can file a complaint based on sexual harassment but where should you file? You have three options in Chicago. You can file with the Chicago Commission on Human Relations ("CCHR"). You can also file with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC").

So why should you file with the CCHR? The CCHR allows you to recover for punitive damages and the IDHR and EEOC do not. This could make filing with the CCHR the way to go. It will really depend on the facts of your case. If you have facts that would outrage a judge and would shock someone, perhaps the CCHR is the way to go. An experienced employment lawyer can explain the differences in all three and can direct you to the proper agency. Remember, there are strict time limits to filing with all three so don't hesitate.

So my Chicago office gets calls all the time from people who want to know what damages they can recover if they file a sexual harassment case. Well part of the answer will depend on where the sexual harassment case is filed. If you are employed in Chicago you have three choices for filing. You can file with the Illinois Department of Human Rights ("IDHR"), the Equal Employment Opportunity Commission ("EEOC") or the Chicago Commission on Human Relations ("CCHR"). So which agency should you file your case with? Well it will be fact specific but here are some generalizations. As an aside if you file with the IDHR, they automatically cross file with the EEOC so in essence you get a two for one.

Filing with the CCHR gives you something that you can't get from either the IDHR or EEOC--punitive damages. Punitive damages are monies that are given to punish a company or person for the conduct. This type of damage is most suited where the conduct was so egregious that it would shock a normal reasonable person. So for example if the boss called you into his office and pulled out his penis, that would be such behavior. And if the company knew about it and did not take any action, this would raise the amount of money you may get. Otherwise, the IDHR and EEOC have similar forms of damage--except with the EEOC you can get statutory damages based on the number of employees. A good employment attorney can go through this information with you.

So why should you file your sexual harassment complaint at the Chicago Commission on Human Relations ("CCHR")? Well the main reason to file with the CCHR is they can award punitive damages. If you file a complaint with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"), they can't award punitive damages. This could be an important point if your case doesn't have a great deal of actual lost wage damage.

So for example if the boss is doing something very horrible like making you look at nasty porn and sending you nasty text messages but the result is not a loss of wages, your best bet may be to seek punitive damages. Additionally, many employment attorneys don't practice in front of the CCHR and therefore they may wish to settle the case quickly and not have to learn as they go. Remember that each case is different and it is important to discuss your facts with an experienced employment lawyer.

Well you have three options if you are the victim of sexual harassment in Chicago. First you can file a complaint with the Illinois Department of Human Rights ("IDHR"). Or you could file with the Equal Employment Opportunity Commission ("EEOC"). Lastly, you could file with the Chicago Commission on Human Relations ("CCHR"). I am going to discuss which of the three will give you the best opportunity to receive the maximum for your case. In order to do that I would of course need to know the facts of your case. So I will just give generalizations about what are the good and bad points of each.

Let's start with the IDHR. The good thing about filing with the IDHR is they will automatically file with the EEOC. The only time the IDHR does not cross-file with the EEOC is if the discrimination falls under the Illinois Human Rights Act and not Title VII of the Civil Rights Act of 1964. So filing with the IDHR gives you both and therefore it's a great option. So given that why would you file with the CCHR. Well the CCHR gives you something that the other two don't. With the CCHR you can ask for punitive damages. This is great in cases where there aren't a large amount of actual damages or the sexual harassment is so horrible that a large award my be necessary to stop this type of conduct from occurring in the future. One thing to keep in mind is that the IDHR must complete its investigation within 365 days so for a quick resolution that may be the best route.

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" »

Attorney Peter LaSorsa was one of five attorneys who lectured for the Illinois State Bar Association ("ISBA") on litigating employment cases in Chicago. The focus of the full-day March 15, 2012 lecture was on the Illinois Department of Human Rights ("IDHR") and included fact-patterns involving sexual harassment cases and retaliation. The lecture was attended by attorneys from around the state of Illinois. Attorney LaSorsa's portion was dedicated to cases from a plaintiff or complainant's perspective. Issues regarding discovery, settlement and selection of venue were discussed.

The lecture also covered taking sexual harassment and other types of discrimination cases to the Chicago Commission on Human Relations ("CCHR"). There are many complicated factors that go into deciding where to file a case. With the CCHR you may be entitled to receive punitive damages among the other damages you can received if you file at the IDHR and follow that trajectory. The important issue is to consult with an experienced employment lawyer and ensure you get maximum benefit from your case.

The good news for you if you have been the victim of sexual harassment or other forms of discrimination in Chicago is you have multiple options. In Chicago you can file with three different agencies. The Illinois Department of Human Rights ("IDHR"), the Chicago Commission on Human Relations ("CCHR") or the Equal Employment Opportunity Commission ("EEOC"). If you file with the IDHR, they will automatically cross-file with the EEOC. So in affect you get a two-for one in that regard.

Where you file will depend on the circumstances and facts of your case. It is very important to speak with an employment lawyer and learn what is best for your circumstance. Of course if you live outside chicago in say the southern or central part of the state you can only file with the IDHR or EEOC. Don't wait too long because there are strict time limits that apply to discrimination cases. No matter where you file it is important that you keep track of what is taking place at work if you are still employed. Keep a log and save emails or other communications that may help your case.

So you have been the victim of sexual harassment at work and you don't know what to do next. Well of course you should contact an employment lawyer and then he will file at one of two places. First you can file with the Illinois Department of Human Rights ("IDHR"). The IDHR is mandated by law to complete an investigation within 365 days. Upon getting a finding of substantial evidence you can then file directly with the Illinois Human Rights Commission ("IHRC") for trial in front of an administrative law judge. Instead of filing with the IHRC you can also file in the local circuit court for a jury trial.

Another option if you live in Chicago is to file with the Chicago Commission on Human Relations ("CCHR"). One advantage to filing with the CCHR is you may be awarded punitive damages if successful. This may be important depending on the facts of your case. For example if you have a case in which the actual lost wage damage is limited but the facts are outrageous, punitive damages may be important and the way to go. The important point is to have your case properly evaluated so a determination can be made on which venue to file your case.