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

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

The history of a person accused of sexual harassment comes into play when a situation like this occurs. You can't put a person under the control of a person who has a history of sexual harassment without the proper monitoring in place. In affect you are putting fresh meat in front of a wild animal. In this case the wild animal cost he city $250,000. These types of employment law cases are very expensive, especially since the city also had to pay its' own lawyer a great deal of money to defend the case prior to settlement.

"The hardest and smartest thing to do is approve this and get this behind us,""It's a six-year horror show." said Councilor Michael Condon.

The EEOC obtained $455.6 million in relief through its administrative program and litigation in Fiscal Year 2011. This is a fantastic amount and this shows how widespread the employment discrimination is. There are state agencies that also investigate employment discrimination and I prefer to file directly with the Illinois Department of Human Rights ("IDHR") because they do a faster and better job of investigating issues. However the imporant thing is to file with either agency and protect your employment rights.

The problem was Burns’ drug test showed the presence of methadone in his system. Because o this Burns submitted a letter to United Insurance from his treatment provider explaining that he was participating in supervised methadone treatment program and taking legally prescribed medication as part of the treatment. Upon receiving this information, United Insurance notified Burns that he was not eligible for hire and withdrew its offer of employment. This act is illegal and the EEOC held the company to the law.

“The ADA requires employers to make an individualized assessment of whether an individual can do the job rather than relying on fears or stereotypes,” said EEOC attorney Lynette A. Barnes.

This isn't the first problem for Choctaw. The EEOC alleges Choctaw has been discriminating for decades against black workers. Apparently Choctaw segregated its work force and has refused to hire blacks in deckhand positions. This type of activity is hard to believe. The company now has been exposed and the EEOC held the company to the laws that apply regarding employment. Hopefully this type of activity will not occur in the future at this company.

“Employees should not be subjected to racial discrimination in hiring, as it is a violation of federal law,” said EEOC attorney Faye Williams.

In an even more troubling allegation some of the male workers even used vegetables to simulate sodomy and to hit the victims between their legs. It is hard to believe this type of behavior went on without management intervening on behalf of the female workers. Can you imagine sending your daughter to work in a hostile work environment like this? As a result of this settlement the company will have to undergo sexual harassment training and draft a written policy on sexual harassment for all employees to see. I hope there are changes to management and this doesn't happen in the future.

“Allowing serial harassers to victimize female employees without facing consequences is a clear violation of federal law,” said EEOC attorney Faye A. Williams.

Two black employees were eventually fired, one after communicating that he was going to file a discrimination charge against the company. This is referred to as retaliation. If you have a negative job action taken against you after complaining about discrimination you have a valid retaliation claim. The amount paid by the company shows they realize they did something wrong and want this to go away. I am glad the EEOC made the company pay up and helped the two workers get some satisfaction.

“We commend Shack-Findlay Automotive for taking proactive measures to ensure a workplace free of discrimination,” said EEOC attorney Anna Y. Park

The EEOC alleged that Matrix management officials also discriminated against the black cleaners by insisting they sit in the back of the cafeteria during break times. At one point they even forbid them from using the cafeteria at all. To make matters worse and in an amazing turn of events Matrix fired all of the employees at the worksite and replaced them with an entirely non-black cleaning crew.

“We commend the company for its agreement to carry out the significant equitable relief provided in the consent decree, including providing expansive annual training, which will benefit all company employees,” said EEOC Attorney Spencer H. Lewis, Jr.

The sexual harassment included the manager groping Brown and propositioning her for sex. Think of the pressure this puts on the worker when her boss is trying to have a sexual relationship and she doesn't want that. To make matters worse the manager also allegedly reduced Brown’s work hours during one week and told her that in order to have the hours reinstated, Brown had to let the manager come to her home. This is called Quid Quo Pro which is Latin for this for that. Brown ended up refusing the manager’s request and resigned the next day. This is referred to as a constructive discharge and means that it is treated under the law as a firing.

“Employers are reminded that it is not enough to have policies prohibiting sexual harassment in place, hidden away in a handbook somewhere,” said EEOC attorney Lynette A. Barnes.

One thing you should do is save the text message and print them out so you can' risk losing them. A complaint for sexual harassment can be filed at the Illinois Department of Human Rights ("IDHR") and they will automatically file with the Equal Employment Opportunity Commission ("EEOC"). I prefer to file with the IDHR because they are required by law to conduct an investigation within one year. The EEOC on the other hand does not have to conduct an investigation within a certain time period. In short, save your text messages and call an experienced employment lawyer.

Even though Chicago is a metropolitan area there are still many narrow-minded people who engage in terrible behavior toward people who are different than they are. In the case of people in the Gay and Lesbian community, small minded people still can make their life miserable at work. Remember if you are the victim of discrimination based on sexual orientation you have rights and an opportunity to make things right. There are remedies that are available to you if you file a timely charge of discrimination at the IDHR. Protect your rights and act quickly. Save any text messages, emails or voice mails that may show discrimination or unwelcome comments. Take notes of things said in private and confront the person doing the discrimination via email so you have a paper trail. Also complain to human resources in writing so you have a record of making the complaint.

The details of what the men said to these women is troubling and include using vegetables to simulate sodomy and to hit the victims between their legs. The women complained to management but nothing was done to stop it. It is unbelievable that management would not take immediate action and intervene on behalf of the women. You can imagine the impact this had on the teenagers. I am glad the EEOC stepped in and held the company accountable.

“Allowing serial harassers to victimize female employees without facing consequences is a clear violation of federal law,” said EEOC attorney Faye A. Williams.

Many people call my office and tell me about what they think is a hostile work environment but under the legal standard it is not. There is no general harassment law in Illinois and if you just have a personality conflict with a boss or co-worker, you have no case. There has to be an underlying case of discrimination. Sometimes you have to dig a little deeper to discover the underlying discrimination.

Well one technique is to send an email or text to the person doing the sexual harassment memorializing what was said and see what type of response you get. For example you can text, do you really want to go out with me for dinner and perhaps more? If the person responds yes, you have proof that he said that to you in person. If the person doesn't respond, you have circumstantial evidence that something is going on, because the person didn't deny the message. This is just one technique that can help you become successful if you go forward with your sexual harassment complaint. If you do go forward you can file with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). By the way if you file with the IDHR they automatically cross-file with the EEOC.

Many times businesses will try to discipline employees based on their medical problem. There are protections in place and people should remember the law is on their side. The EEOC along with the Illinois Department of Human Rights ("IDHR") work hard to protect the rights of employees.

"We are pleased that American Apparel recognizes the importance of the ADA and is implementing measures to insure its full compliance with the ADA going forward.” said Anna Y. Park, EEOC attorney.