Illinois Sexual Harassment Attorney Blog

An Elks Lodge in Jerseyville Illinois will pay $107,500 to settle a sexual harassment lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of three female bartendors. According to the lawsuit the club’s trustees sexually harassed the three female bartenders. Details of the claims include that three trustees made repeated unwelcome sexual advances and sexually explicit comments to three bartenders but when the women complained, they were threatened, their hours were cut and they were assigned the least desirable shifts. This type of treatment is also referred to as retaliation.

One woman was fired, and the other two felt forced to quit. When an employee feels that because of discrimination directed toward them they must quit their job, the legal term utilized to describe it is constructive discharge. As part of the settlement, the Elks Lodge also agreed to conduct sexual harassment training for Elks managers and employees and to report complaints of sex harassment made by Elks employees to the EEOC regional attorney for a period of three years

Chilbo Myunok USA LLC, a Korea-based food company which owns a Los Angeles restaurant and a chain of fast-food stores in Korea, pays $170,000 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a class of waitresses. According to published reports the waitresses were sexually harassed at the Chilbo Myunok restaurant and four of them were forced to quit to escape the harassment--this is commonly referred to as a constructive discharge. When the harassment gets too severe and a person can no longer work because of the harassment they are forced to quit and this is a separate discriminatory act that is compensatable.

Details of the lawsuit include the victims facing continuous verbal and physical sexual harassment from the restaurant's manager. The manager, who has since been fired, repeatedly subjected the women to sexual touching with a sexual device and to unwanted hugging and kissing. The EEOC many times will take up cases where there are more than one victim and they can get more bang for the buck. If there were only one waitress the chances are the EEOC would issue a right to sue letter and the waitress would be left to hire a private attorney to continue the lawsuit. In Illinois I prefer to file directly with the Illinois Department of Human Rights ("IDHR") which automatically cross-files with the EEOC. I believe the IDHR does a faster and more thorough job than the EEOC of investigating individual charges.

"By working with EEOC this way, Chilbo Myunok has clearly shown its commitment to making needed changes to policies and practices to ensure equal employment opportunities for all of Chilbo Myunok's employees," said EEOC's Perry.

PETCO Animal Supplies Stores, Inc. pays $145,000 to settle an Americans With Disabilities Act ("ADA") lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Nancy Buchner. Buchner had over 30 years as a pet groomer and was hired by PETCO, however the company failed to accommodate Buchner because she is deaf. Buchner claims management failed to schedule customers for her and other employees told potential customers that Buchner no longer worked for PETCO thereby making it impossible for her to make a living.

PETCO proceeded to unfairly penalize her during annual performance reviews for ineffective communication skills due to her inability to speak. Buchner quit the company after this type of behavior continued. When an employee is forced to quit because of discrimination it is called a constructive discharge. It is hard to imagion a company treating a good employee in this manner, perhaps that is why they paid so much money to settle this case. I hope PETCO instills a better training program for its employees and put in place better managers.

Olophius E. Perry EEOC attorney, said, “With the 20th anniversary of the ADA on the horizon, it is important to remember that employees with disabilities are entitled to reasonable accommodations to ensure they have equal employment opportunities. Most often, as was the case here, the cost of accommodations is minimal.”

Continue reading "PETCO Treats Employee Like A Dog And Now Pays $145,000 To Settle Discrimination Lawsuit" »

Adecco Staffing will pay $12,000 to settle a sexual harassment and retaliation lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a group of female workers. According to published accounts, a supervisor frequently made lewd and sexually offensive remarks to the female workers. He also allegedly rubbed himself against them, hugged them and slapped them on the buttocks.

The workers complained to Adecco officials but nothing was done to stop the sexual harassment. In fact, the company not only failed to intervene on their behalf but continued to assign female employees to work under the alleged harasser. Adecco then retaliated against one of the workers by firing her, while another was forced to quit because of the “ongoing and intolerable harassment. When a worker is forced to quit because of sexual harassment or other forms of discrimination it is known as a constructive discharge.

Continue reading "Adecco Staffing Pays $12,000 To Settle Sexual Harassment and Retaliation Lawsuit" »

EPI Advanced, LLD and Engineered Products Industries, LLC will pay $190,000 to settle a sexual harassment and constructive discharge lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Cathy Johnson. According to details of the allegations, both companies allowed Dean Miller and other male co-workers to sexually harass Johnson and seven other women. The women claimed that they were forced to put up with all types of sexually explicit comments and propositions.

Some of the woman claimed they were grabbed and touched by Miller. Several women quit because of the sexual harassment, which is referred to as constructive discharge. One woman quit her job after Miller phoned her at work threatening to sexually assault her in the employee parking lot. Although several complaints were made by victims to management, the company failed to properly investigate complaints and stop the misconduct. It is amazing that a company could let this type of behavior continue and do nothing to stop it. I bet the company is taking a different approach now.

Celia Liner, EEOC attorney, said, “The environment at EPI was simply intolerable. Women should be able to report to work and do their jobs without being subjected to harassment."

Affordable Care coughs up $150,000 to settle a sexual harassment and racial discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of two female employees. According to published documents Affordable Care violated federal law when its affiliated dentist, Nelson Wood, engaged in sexual harassment and racially harassed two female employees. The facts were that Wood created a sexually and racially hostile work environment for Ariede Mills, who is African American, and Laura Carl, who is white.

The lawsuit alleged Wood referred to women as “whining bitches,” propositioned Mills for sex, spanked Carl repeatedly on the buttocks, made insulting remarks about blacks, and claimed that he had a relative who was a member of the Ku Klux Klan. It is outrageous the a professional would act in this manner. Both Mills and Carl complained repeatedly about Wood to Affordable Care but the company failed to stop the harassment. To add fuel to the fire Mills was fired in retaliation for her complaints, and Carl was forced to quit because of the offensive conduct. Quitting because of that type of behavior is referred to as constructive discharge.

EEOC Attorney Markus L. Penzel said “The EEOC is pleased that Affordable Care worked cooperatively with us to resolve this case with minimal litigation."

The Equal Employment Opportunity Commission ("EEOC") filed a sexual harassment lawsuit on behalf of Amanda Heschmeyer against Cactus Grill Inc. According to the lawsuit an assistant manager at the restaurant asked 18-year-old Heschmeyer for sex, touched her and made unwelcome sexual advances toward her. Those types of actions create a hostile work environment and because of that type of environment, Heschmeyer was forced to quit her job which is known as constructive discharge.

The assistant manager no longer works for Cactus Grill Inc. and that will be bad news for the Cactus. The reason it is bad news, is because since he no longer works for the company, he is in a position to tell the truth and not worry about losing his job, since he already lost it. Many times companies end up in a bad position because the person who did the sexual harassment gets terminated and becomes a good witness for the complainant.

“Sexual harassment in the workplace is always wrong, but harassment of teenage workers, who are often in their first ‘real’ job, is even more egregious,” said James Neely, EEOC district director.

Thomas Dodge paid $132,250 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of female employees who claimed offensive touching, degrading and sexually explicit comments and pornographic images. According to the lawsuit the females reported the sexual harassment and unprofessional conduct to management but no corrective action was taken. Some of the female employees who complained were terminated and others were forced to resign. Those would be examples of retaliation and constructive discharge.

It is amazing that so many women could come forward and complain and management would do nothing to stop the harassment. Management in this case even went a step further and punished the women for complaining.

Eagle Wings Indusdries which is an automotive supplier pays $428,500 to settle a sexual harassment and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of three female employees. One of the female employees Kimberly Bridgman alleged comments directed at her were lewd and included a request for oral sex in exchange for a transfer. This type of sexual harassment is referred to as quid quo pro and is latin for 'this for that". Another words, the requesting party was asking for something in return for something.

You can see how expensive the bad behavior of an employee can be. It is extremely important that employers take sexual harassment complaints seriously and train employees properly on what behavior is acceptable in the workplace. In this case Bridgman took disability leave because of the sexual harassment and when she returned to work the conduct continued forcing her to take leave again. This time when she tried to return to work, Eagle Wings refused to reinstate her unless she agreed to undergo a battery of psychological examinations. At this point she claimed to be constructively discharged and filed the lawsuit. Constructive discharge occurs when the employer sets forth conditions which if aren't met require the employee to stay off work.

A cashier and part-time cook at Bon Appetit alleged she was sexually harassed by her general manager Leslie Simmonds. She alleged the sexual harassment included being asked for sex, inappropriate comments and making her read a pornographic story he had written. The story was very detailed and very sexual. As a result of this behavior the female filed a sexual harassment complaint and settled her complaint for $22,500. The retaliation portion of her complaint arose after she rejected his sexual advances, and Simmonds retaliated by treating her poorly, and requested that she be transferred to his location.

She complained to Bon Appetit's district manager and provided a detailed account of the sexual harassment she had experienced. The district manager denied the harassment and stated that she had engaged in unacceptable behavior. Subsequently a raise she had been set to receive was revoked, and she was excluded from meetings. She resigned, believing that she had no choice and that her employer's treatment constituted a constructive discharge. It still amazes me that so many people in upper management take the approach of shooting the messenger instead of doing a proper investigation and resolving the problem. In this case Bon Appetit got off cheap.

Continue reading "Bon Appetit to pay $22,500 in Settlement of Charge of Sexual Harassment and Retaliation" »

SDI Athens East, LLC, doing business as Sonic and Tomco Management, LLC, pays $70,000 to settle a sexual harassment lawsuit filed by a carhop. The sexual harassment lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the female worker who claimed she was the subject of sexual comments and other sexual type behavior.

The lawsuit alleged the store manager of a Sonic drive-in restaurant subjected a female carhop to a barrage of sexually charged comments and repeated sexual overtures. The lawsuit also states that the comments and conduct by the manager were so severe that the female was forced to resign, which is also known as constructive discharge. Cases like this illustrate why better training should be held in the workplace. Hopefully, this company will get the message that sexual harassment is not tolerated.

“The abuse suffered in this case is precisely the kind behavior that Title VII was enacted to stop” said Robert Dawkins, regional attorney for the EEOC.

Twenty Three year old Katherine Salas filed a sexual harassment lawsuit against Bical Chevrolet. According to published reports, some of the top men at the car dealership snapped her bra, whacked her rear end with a backscratcher and hounded her with sexual advances. Salas also alleges that things got so bad for her that she quit her job which is referred to as constructive discharge. Salas only worked for the dealership for six weeks as their receptionist and things must have been very bad if she had to quit.

In a good piece of luck for Salas and bad news for the dealership, general manager Charles Albanese sent Salas suggestive text messages. This is starting to be the best type of evidence of sexual harassment. The general manager will have a hard time explaining those messages. People should be aware that even if a text message is deleted on a cell phone, with the right software, the text message can still be retrieved from that cell phone. In male dominated fields like auto sales, there seems to be a culture of harassment toward females. Lets hope this lawsuit helps put an end to this type of behavior.

Kmart Corporation pays $120,000 to settle an age discrimination, constructive discharge and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a 70-year-old pharmacist. According to details in the lawsuit, Kmart thought the pharmacist was too old and should retire. Kmart also said the pharmacist was greedy for wishing to work once she reached 70 years of age.

Kmart scheduled the pharmacist to work on Sunday even though they were aware she attended church and would not be able to work that day. This is a prime example of how coompanies try to set workers up for failure by asking them to do something they know they can't do in an attempt to come up with a reason to fire the worker. Kmart also threatened legal action against the pharmacist using a pretext on an unrelated matter to retaliate against her for her discrimination complaint. The pharmacist was forced to quit her position because of the harassment and this is referred to as constructive discharge.

“Instead of addressing this pharmacist’s legitimate complaints of age discrimination, Kmart made a bad situation worse by threatening her for complaining,” said EEOC Acting Chairman Stuart J. Ishimaru.

Continue reading "Kmart Settles Age Discrimination Lawsuit For $120,000" »

The following federal case, 3:07-CV-410-H, illustrates how difficult it can be to prevail in a case of sexual harassment or constructive discharge. Shironda McCloud filed a claim against the United States Postal Service ("USPS") alleging sexual harassment and constructive discharge. Constructive discharge occurs when an employee quits their job but claims they had to quit because the working conditions were so unbearable that a reasonable person would not continue to work in those conditions. Constructive discharge differs from retaliation in that, the employee quits in a constructive discharge case whereas an employee is fired in a retaliation case--or the employee may be the subject of some other negative job action.

The allegations in the complaint were that McCloud began working for the USPS and her immediate supervior, Mr. Purifoy did the following over the course of two days: stared at Plaintiff; made comments that Plaintiff was beautiful; danced around Plaintiff in an awkward manner; told Plaintiff, "I'll give you Friday off if you go out to the club with me;" gave Plaintiff Thursday and Friday off and grabbed Plaintiff's wrist when she reached for her time card. The complaint was based on those six incidents over a two day period.

McCloud told management about what happened, they investigated and removed Purifoy from managing her. Over the next two months McCloud claims to have seen Purifoy at work a few times but that he never spoke to her and that he had no work control over her--yet she quit her job claiming she could not even look at him without feeling wierd. The court found that this did not rise to the level of constructive discharge.

Continue reading "United States Post Offices Has Sexual Harassment Lawsuit Dismissed" »

Crowell will pay $21,500 to settle a sexual harassment and constructive discharge lawsuit filed on behalf of Deanna Collins by the Equal Employment Opportunity Commission ("EEOC"). According to court papers Crowell Contract and Design, Inc. subjected Deanna Collins to a hostile work environment. The basis of the hostile work environment was when Timmy Christopher who is the president and co-owner of the company would tug on Collins’ pants and made multiple threats to Collins to pull down her pants.

In a remarkable act of stupidity, Christopher pulled Collins pants down in front of her co-workers which resulted in her great embarrassment and humiliation. Collins could no longer take this and other forms of sexual harassment and quit her position. A constructive discharge occurs when circumstances get so bad and a hostile work environment exists that forces an employee to quit; as it what happened here. It is not very often that a president of a company engages in such blatant sexual harassment and does so in front of witnesses.

“This settlement should serve as a notice to employers that the EEOC does not consider the threat or the act of pulling a woman’s pants down in the workplace to be a sophomoric prank,” said Robert A. Canino, regional attorney for the EEOC’s Dallas District Office.

Continue reading "Crowell Pays $21,500 To Settle Sexual Harassment Lawsuit" »

Napoli's Italian Restaurant, was sued by the Equal Employment Opportunity Commission ("EEOC") claiming minor female workers were sexually harassed while working at the restaurant. According to the lawsuit a female server and other female employees at the restaurant were subjected to sexual harassment in the form of lewd comments, propositions and touching. A specific incident listed occurred in early 2008, when the female server was only 17 years old. According to the EEOC release, male managers also allegedly subjected other female employees to “a campaign” of inappropriate behavior.

The lawsuit claims male managers allegedly detained the server who filed the original complaint in a restaurant office and turned out the lights. The female quit following the alleged incident because she feared for her safety. This is was in commonly referred to as constructive discharge.

“We received the charge of discrimination from a young woman who worked there and who claimed that she and other young female employees were subjected to sexual harassment,” said Baran, who was unable to say how many workers were allegedly harassed or if they were all minors at the time.

Although the title suggests damages in a sexual harassment case, these damages are also available in most discrimination cases.
1. Economic Damages--consist of back and front pay plus incidentals. Included in this calculation are benefits. Back pay is the amount of money equal to wages an employee would have earned, including all benefits from the date of discharge through the date of final judgment. Front pay is an amount of money equal to wages and benefits the employee will lose in the future because of a lower paying job or no job at all. Incidentals may be relocation costs, education costs for retraining and costs for tools if required at a new position.

2. Emotional Distress Damages--There is new specific formula for this calculation and there are many factors to consider including, the credibility of the employee, length of employment, believeability of witnesses, prior or pre-existing similar injuries, nature and extent of counseling or other medical treatment, and strength of the underlying case.

3. Punitive Damages--Under Title VII and ADA violations punitive damages may be awarded. In order to recover the employee must prove the employer engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of the employee, but also that liability for the punitive damages should be imputed to the employer.

4. Attorneys' Fees--All federal anti discrimination statutes and those in Illinois provide for the recovery of attorney fees by the prevailing party. Discretion as to the amount is up to the Judge.

Continue reading "Damages In A Sexual Harassment Case" »

Gary Rittenhouse had worked for the Belleville Schnucks Markets from Aug. 15, 1977, until his termination on May 15, 2007, according to the complaint filed Feb. 27 in St. Clair County Circuit Court. Rittenhouse, 44, alleges he was wrongfully terminated from his employment as an assistant manager because of his age--which is age discrimination. Rittenhouse began working for the company as a bagger and eventually worked his way up to assistant manager.

Because of his termination, Rittenhouse lost income, suffered a diminution in his employability and suffered humiliation and severe emotional distress that required medical and professional treatment, according to the complaint, which is in St. Clair County Circuit Court case number: 09-L-109.

"At the time of his termination, Rittenhouse was doing the job well enough to meet the employer's reasonable expectations," the suit states. "Rittenhouse was discharged in whole or in material part because of his age."

Rittenhouse is seeking a judgment in an amount that will fully compensate him, plus attorney's fees, costs and other relief the court deems appropriate.

An unidentified woman in a recent lawsuit said a Las Vegas' Robertson High School computer technician requested sexual favors and the school district didn't do anything about it. Superintendent of schools Richard Romero said the former superintendent Pete Campos who is named in the lawsuit investigated the matter and the technician, Pete Garcia, was disciplined. The sexual harassment lawsuit also alleges Garcia drove the bus for the softball team and leered at girls while they were changing. Garcia still works for the school district.

This school district was the subject of a few other incidents of sexual harassment within the last year. After a summer football camp, six students were accused of sexually assaulting younger teammates. Not long after that two school employees were accused of separate sexual harassment incidents according to KOAT.com. In the most current lawsuit, the former educational assistant quit after being subjected to the sexual harassment and after the school did not stop it. This is called constructive discharge.

"All I can do is sit down with him and say you've been warned and if it happens again, you'll be terminated and we've had that conversation,” Romero said.

That response from Romero does not seem adequate enough for the woman who filed her sexual harassment claim. In Illinois sexual harassment at an educational institution, also known as school sexual harassment is Illegal. The educational institution is required to stop the sexual harassment when it becomes aware of the sexual harassment.

A Illinois Sexual Harassment lawsuit was filed by Jill Sandmire the personal assistant to Emilio Ferrari who is the producer of the film Baby on Board, starring Heather Graham, John Corbett, Jerry O'Connell and Lara Flynn Boyle. According to the lawsuit, Ferrari repeatedly slapped her buttocks, groped her, asked her to massage his shoulders and back and told her she would look really hot if she got breast implants. Sandmire also said Ferrari asked her if she and other employees were at a strip club to obtain a stripper's phone number and asked her to buy condoms.

According to the sexual harassment lawsuit Sandmire claims she repeatedly told Ferrari to stop and that when she asked a production coordinator to transfer her to another department, Ferrari prevented it--thus creating a hostile work environment. Sandmire was fired shortly after and believes it is the result of retaliation for reporting the sexual harassment and for refusing to accept the advances of Ferrari.

Continue reading "Sexual Harassment Lawsuit Filed Against Film Producer in Chicago" »

The EEOC in the last ten years has been active in pursuing claims against employers who sexually harass or otherwise discriminate against employees. Below is a survey of the dollar amounts employees have been awarded in cases brought by the EEOC.
In 2007, companies paid more than $65 million in prelitigation EEOC settlements alone.

EEOC v. Parmalat Bakery Division of North America, Defendant, a New Jersey division of an international company headquartered in Italy, was charged wtih sexual harassment, retaliation, and constructive discharge. The complainant was a sales division manager and the only woman in an office of four male executives. She was subjected to unwelcome sexual advances, sexually explicit comments inappropriate touching and the showing of a pornographic video. She was awarded $300,000. Case resolved in 2004.

Kosen v. American Express Financial Advisors, Inc., A group of female financial advisors alleged that American Express Financial Advisors, Inc.engaged in preferential treatment of male advisors in mentoring, promotion, compensation, and work assignments in violation of federal law.

This was a class action lawsuit in which it is alleged that they experienced gender and/or age discrimination including, but are not limited to, career advancement, failure to hire as a Financial Advisor, distribution of leads and accounts, work assignments, promotion. They were awarded $31 million dollars. Case resolved in 2002.

Continue reading "Survey of Equal Employment Opportunity Commission ("EEOC") Cases" »

The United States Supreme Court ruled in Pennsylvania State Police v. Suders, 124 S. Ct. 2342 (2004) that in a constructive discharge case, the plaintiff's resignation is an appropriate response to intolerable working conditions.

An employee may be constructively discharged if she resigns because of intolerable working conditions caused by sexual harassment. In order to prove constructive discharge the plaintiff must show:

• Defendant intention to make the plaintiff's working conditions intolerable;
• Defendant subjected plaintiff to sexual harassment; and
• The plaintiff was forced to quit because the defendant's sexual harassment created the intolerable working conditions.