The next step is to monitor what happens next. If the company intervenes and stops the employee from surfing the Internet for porn, the issue is resolved (In a reputable company the employee would be fired). If the company does nothing you need to protect your rights and file a complaint through an employment attorney with the Illinois Department of Human Rights ("IDHR"). In Chicago especially it is important to get representation because the other side will have an attorney and it would put you at a big disadvantage if you go it alone.

This text message trail is very important when you file a case with the Illinois Department of Human Rights ("IDHR"). During the investigation with the IDHR, evidence such as text messages can be utilized to show without question that you were the victim of sexual harassment and strict liability attaches. And don't forget that when one person at work in being sexually harassed it could create a hostile work environment for everyone. It is very important to speak with an employment lawyer and protect your rights. The company will pay large amounts of money to protect its' rights and assets.

My Chicago office gets many calls about employees who are tired of the remarks their boss makes about their looks. Employees are entitled to a certain degree of respect in the workplace and are protected from constant remarks which make them feel disrespected and humiliated. It is very important to speak with an employment lawyer early in the process to ensure your rights are protected and valuable evidence isn't lost. Remember the company is not going to protect your rights, only you and your attorney can do that.

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.

So what happens next if you quit your job? Well I would do two things. First I would file a claim with the Illinois Department of Employment Security and second I would file a multiple count claim with the Illinois Department of Human RIghts ("IDHR"). The claim would be for the underlying discrimination and for constructive discharge. Remember that the more legitimate claims you have the better off you are. Chicago is seeing a rise in the number of constructive discharge claims and filing quickly is the best thing to do. Act fast and protect your rights if you are the victim of discrimination at work in Chicago.

If the IDHR finds that you are in fact being discriminated against you will have a right to file a complaint directly with the Illinois Human Rights Commission ("IHRC"). The actual procedure is the IDHR sending you a letter stating that they found substantial evidence and you now have 90 days to file your complaint with the IHRC. This is where the actual trial will take place and you will have an opportunity to confront your employer and his witnesses. The trial will take place in front of an administrative law judge and the remedies available to you include, back wages, future wages, money for medical care, lost benefits, attorney fees and money for emotional distress. You can also ask for your job back. All of this puts pressure on the other side and the chances of settlement if you have a decent case are good. Don't let your employer discriminate against you because of your religious beliefs.

You will be given a trail date. This usually just acts as a first status with the Judge. The reason for this is both parties usually want to engage in discovery. So the first trial date is not really a trial date. When you do get your first trial notice you will see that there is a statement about a pre-hearing memo being filed 10 days prior to the start of the trial. What is this and how should you approach it. An experienced trial lawyer will be able to handle this for you and will have filed this document many times. It is very important that you fill this out properly or it could affect your trial. I suggest you don't fill this out alone. If you are going to fill it out alone read the rules on the IHRC website and follow their instructions. Remember this memo is very important, will list your witnesses you will call, and the evidence you produce at trial. Don't list an important piece of evidence and you can't use it at trial.

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.

The company owners and managers harassed the employees making explicit sexual comments and using offensive racial terms such as “n----r” and “African b-----d.” Many of the men endured this treatment because they desperately needed the work.

“Thanks to Kevin Pierson’s EEOC charge and this lawsuit, employees at M. Slavin will now be able to work in an environment free from discrimination,” said EEOC attorney Sunu P. Chandy.

It is unfortunate that there isn't a general harassment law in Illinois but there isn't. There is currently a bill that is working its' way through the legislature that would make the creation of a hostile work environment illegal and actionable. Now it is helpful to speak with an employment lawyer regarding your work related issues because perhaps you are being singled out based on your gender or religion and you just don't realize it. Just remember that unless there is an underlying basis for the creation of the hostile work environment, you don't have a case that can be filed with the Illinois Department of Human Rights.

Age discrimination in the workplace can also create a hostile work environment for all employees because of the message it sends. If an person is able to show substantial evidence with the IDHR, he can then file a complaint with the Illinois Human Rights Commission ("IHRC") for a trial in front of an administrative law judge. Remember that people over 40 are starting to near the end of their work career so any negative job action against them can really ruin their career.

I would recommend in this situation to complain to the human resources representative in writing. Let the human resource person worry about it and handle it--after all that is what they get paid to do. Don't put your own career at risk and do nothing. If the CEO is harassing you he isn't going to just stop on his own. And don't forget he can always come up with some excuse to fire you and then what are you going to do? If you get fired and then complain it will seem like you are now complaining because you have been fired. Take the initiative and file first.

After a complaint works its' way through the system with the IDHR two things will happen. Either a finding of substantial evidence or lack thereof. There is actually a third option, the IDHR doesn't complete its' investigation within one-year and a right to file directly with the Illinois Human Rights Commission ("IHRC"). The IHRC is where the actual trial will take place and where remedies occur. It is very important to consult with an employment lawyer early in the process to maximize your chances of getting either a good settlement or judgment.

The IHRC has its' own rules and procedures which many attorneys are not familiar with. If you have an attorney who is experienced with these, it puts you in much better shape of settling your case or winning your case. Remember that sexual harassment usually creates a hostile work environment for you and other employees and you may be still working even while your case goes to trial. Taking steps to maximize your chances of winning is the best course of action. The first such step is to hire a good, aggressive and experienced employment lawyer.