Illinois Sexual Harassment Attorney Blog

What happens if an employee can see his co-worker surfing the Internet and viewing porn? Is this considered sexual harassment? Well the short answer is yes. It would be the creation of a hostile work environment for you and the other employees who have to witness this. Now if the person has control over you like a supervisor or manager the company will have strict liability. If the person does not have control over you, the company only has liability if you report it and the company does not stop the conduct. So the first step would be for you to report this conduct to human resources. I recommend doing this in writing so you have a record of it.

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.

The Illinois Department of Human Rights ("IDHR") does not consider Hispanic to be a race for the purposes of filing a discrimination claim. The IDHR only considers three races, white, black and asian. The IDHR considers Hispanic people to fall into the white category and therefore in order to bring a discrimination claim you have to claim the discrimination is based on ancestry not race. So a racial discrimination can't be filed for a Hispanic worker. I know this may sound like a minor detail but it is the law in Illinois. My Chicago office represents many hispanic workers and I file often with the IDHR.

It is very important to properly draft the complaint in such a way as to maximize your chances of success. In Chicago there are many cases that the IDHR has to deal with and the better drafted the charge, the better the chances of a smooth investigation. You goal is to maximize your chances of winning and to maximize the money you may receive. Call an experienced trial attorney who concentrates in employment law cases and get the most out of your case.

I am always amazed when I walk into the waiting area of the Illinois Department of Human Rights ("IDHR") at the Thompson Center in Chicago and see people filing out paperwork by themselves. Most of them don't realize that they could have an employment attorney working for them for basically free. My Chicago office doesn't charge unless you recover some money so in affect you are getting me for free. Just think how much stress this would take off of you and what a feeling of relief knowing you have someone with real experience helping you. I know how important your sexual harassment or other discrimination case is to you. Don't go it alone and chance losing your case.

If going it alone with the IDHR isn't bad enough, when I go to the Chicago office of the Illinois Department of Human Rights ("IHRC") I see even more people who are going it alone. This is very bad because the other side will have an attorney and this puts you at a real disadvantage. Do you really think you can go one-on-one with an experienced employment discrimination attorney ? And if you can get an attorney for contingency fee, why would you want to try? My Chicago offices never charges a fee to discuss your employment case. Do the right thing and call for a free consultation. Don't go it alone.

Because technology is spreading so quickly and most people own cell phones with text messaging capabilities, this medium is also being used to engage in sexual harassment. Most people don't just work from 9-5 anymore. They are available to answer questions while they are driving to and from work and at home. For this reason, many times supervisors have the cell phone numbers of their employees. This can lead to a problem for the company and supervisor. My Chicago office is seeing a big rise in the number of sexual harassment cases that involve the use of text messages. This is good news for employees who are being harassed at work because they will have a clear and accurate evidence trail.

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.

So you filed your age discrimination lawsuit with the Illinois Department of Human Rights ("IDHR") and received your notice of substantial evidence. Now what are you suppose to do? Well you can proceed on your own and file a complaint with the Illinois Human Rights Commission ("IHRC") for trial. Remember there won't be a jury trial but rather a trial in front of an administrative law judge. The good news about proceeding with the IHRC is the cost is free. Also there is a limited version of discovery that usually doesn't involve depositions--which can get expensive.

Age discrimination cases are usually won by the numbers. What I mean by that is usually someone isn't going to put derogatory statements about someones age in writing. You will generally have to prove the case by showing statistically younger workers are being given favorable treatment over older workers. The age cut-off is age 40. It is very important that you know how to proceed at the IHRC and can properly draft discovery and properly answer the discovery that the company will send to you. For this reason you should consult with an experienced and aggressive employment law attorney.

What happens when you come into work every day and your boss says you look hot or that sweater makes your chest really stand out? Are these types of remarks appropriate? Is there anything you can do about it? What does the law in Illinois saw about this? Of course this will be a case-by-case basis but generally if your boss is constantly making you feel uncomfortable by his comments about your looks, you may be the victim of sexual harassment by the creation of a hostile work environment. In Chicago and elsewhere in Illinois you can file a claim of discrimination at the Illinois Department of Human Rights ("IDHR"). However, you are better off speaking with an experienced employment lawyer and letting him file the charge for you.

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.

The city of Methuen will settle a sexual harassment lawsuit for $250,000. The sexual harassment case involves legal secretary Fulya Metin Campanelli and former city solicitor Maurice Lariviere who was her boss. According to published accounts the main claim was that Lariviere engaged in sexual harassment years before and the city did nothing to stop it and to punish him for it. This led him to believe he could continue to engage in sexual harassment and put her in close proximity with him. Another words she is saying that if they had fired him or given him discipline before he would not have been in a position to sexually harass her in the future like he did.

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.

Continue reading "Methuen Settles Sexual Harassment Lawsuit For $250,000" »

My Chicago office gets many calls regarding what is sexual harassment in Illinois. Of course there are certain actions that are easy to identify as sexual harassment. But sometimes there are gray areas on what is sexual harassment. For example if a co-worker asks you out for a date one time that would not be sexual harassment. But if you keep turning him down and he doesn't stop that could be considered sexual harassment. Or perhaps after you turn him down he starts acting like a jerk at work and starts saying nasty things about you--that would be sexual harassment. In this type of situation it s a case by case basis. The facts will matter and should be evaluated by an employment lawyer.

Now if the person asking you out is your supervisor or another person in management who has any type of control over you, it may be sexual harassment the first time. The reason is that if you turn the person down you could feel that it would impact your job. And if you turn the boss down and something bad does happen at work, even if it isn't tied directly to turning him down for a date, it sure looks bad. It is a very bad practice for management to ask out employees. So if you are at work and are being asked out for a date and you don't want to go out, you have options. Contact an employment lawyer and find out if you are the victim of discrimination in the form of sexual harassment. If you are we can file a complaint at the Illinois Department of Human Rights.

The Equal Employment Opportunity Commission ("EEOC") received a record 99,947 charges of employment discrimination in 2011. With all of the calls to my Chicago office I am not suprised that the number of discrimination complaints is on the rise. I get so many calls about sexual harassment that I am amazed the number of complaints isn't higher. It is very important for employees to realize that they have rights and they have a place to turn to. It is imperative that you contact an employment lawyer who can help you navigate the EEOC and other agencies.

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.

So what happens after you file your sexual harassment complaint with the Illinois Human Rights Commission ("IHRC")? Well you would have already gone through the Illinois Department of Human Rights ("IDHR") and will have an idea of the companies position against you. The key will be to evaluate your chances of success at the IHRC. Remember the standards are much different at the IHRC than they were at the IDHR. For this reason it is very important to be represented by an experienced employment law attorney. Things can get very tricky with the IHRC and you need to properly propound discovery to the other side. Additionally you must know the proper way to answer the discovery that is coming your way.

It is my experience that most cases will settle at the IHRC because the risk of a loss by the company is too great and too expensive. Remember if you are successful at the IHRC you can get your attorney fees, back wages and you can ask to be reinstated. Additionally you the Commission can file a document whereby the company can't get any government contracts for up to two years. This is a powerful incentive for the company to settle. Can you imagine if the company is getting two million dollars of government contracts per year. Do you think they are going to risk this on your case? But in order to put this type of pressure and leverage on the company you must be experienced in these types of negotiations.

What happens in Chicago if you boss is making your life so miserable that you can no longer work? Well if there is an underlying complaint of discrimination you will have a claim for a constructive discharge. Constructive discharge in Illinois means that if you are being discriminated against and it creates a hostile work environment that a reasonable person would not tolerate you can quit and it is treated legally as a termination. However, if there is no underlying complaint of discrimination you have a problem. In Chicago and throughout Illinois there is no general harassment law. This means if the boss is just a jerk you get no protection.

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.

My Chicago offices gets calls all the time from people who report sexual harassment at work and then get fired. Sometimes they don't get fired but get demoted or the boss starts to really put the screws to them. In any event they get a negative job action after reporting the sexual harassment. In Illinois this is referred to as retaliation. If this happens to you at work, you can file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR is tasked with investigating complaints of sexual harassment, retaliation and other forms of discrimination. There are strict time limits for reporting the activity so it is important that you act fast. Don't forget to save as much evidence as possible. This means printing out email's and text messages before they are erased.

The IDHR isn't tasked with anything more than investigation the complaint. If the investigator finds substantial evidence, you can then file a complaint with the Illinois Human Rights Commission ("IHRC") where you will have your trial in front of an administrative law judge. The IHRC can be a very tricky place and it takes experience to navigate. The important thing is at the IHRC you need evidence to prove your case. It is important to have an organized plan of attack.

In Chicago there seems to be a rise in the number of sexual harassment cases between employees and members of senior management. Senior management can include owners, CEO's and COO's. Many times employees are reluctant to come forward because they feel the other person is too powerful and is beyond being controlled. They feel if it comes down to it, they will be fired--and if they are it would be retaliation under the Illinois Human Rights Act. This would only makes matters worse for the company and subject the company to additional liability. The important thing is to come forward and not let these senior managers get away with what they are doing.

In Chicago the job market is tight and people are afraid of rocking the boat for fear of losing their job. However, if someone is going to engage in sexual harassment do you really think they are beyond firing you if you reject them? Of course they will do whatever they deem necessary to protect their own interests. Filing a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR") is a good first step in stopping the harassment and protecting your rights. If they fire you for filing the complaint with the IDHR you then have an additional charge of discrimination based on retaliation. So firing actually gives you some protection. It is very important to protect your rights and take action if you are the victim of sexual harassment at work.

What happens in Chicago when your supervisor is engaging in inappropriate sexual behavior with you? As an employee what can and should you do? In Illinois there is strict liability against a company and against the supervisor individually for sexual harassment if you are being subjected to sexual harassment by the supervisor. That means if you are being sent text messages and emails that are sexual in nature by the supervisor or anyone in management who has any type of control over you, than you have a case of sexual harassment. You can file directly with the Illinois Department of Human Rights ("IDHR"). It is very important to get an attorney involved early so that the complaint can be drafted properly and it is filed in a timely manner. Additionally, the company will take you more serious if you have an attorney.

So what do you do after you file your complaint of sexual harassment with the IDHR? First, keep your nose clean at work and dont' give them an excuse to fire you. And believe me they will be looking for a reason to fire you. Just because you file with the IDHR doesn't mean you can start coming in late or goof off on your job. Second, keep doing your best and keep good records of what you do. If you are subjected to any discipline, make sure you document your objections in a professional fashion. Remember at some point a judge may be looking at these documents and we want to make sure they look professional. Let the other side look bad. The botton line is in Illinois there is strict liability against a supervisor for sexual harassment. Don't let your supervisors engage in sexual harassment in Chicago against you.

My Chicago offices gets emails and visits from people who are the victims of religious discrimination at work. So what exactly is discrimination based on religion? You can't be treated different at work based on your religious beliefs. And the employer must make changes to the schedule that don't create a hardship on the business if your religion requires it. So if you can't work on a certain day because of your religious beliefs and it doesn't create a burden on your employer he must give you that day off. If this doesn't happen and your employer continues to treat you this way, you are in a hostile work environment and you have a right to file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR will investigate the complaint and gather documents from your employer.

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.

My Chicago offices gets calls all the time from people who are representing themselves in front of the Illinois Human Rights Commission ("IHRC"). They may have a claim of sexual harassment resulting in the creation of a hostile work environment or some other form of discrimination. The first step of course is to file a complaint with the Illinois Department of Human Rights ("IDHR"). After the IDHR issues its' report and finds substantial evidence you then have 90 days to file directly with the IHRC. Now the case really starts. Do you know what to do next? Are you going to be able to proceed on your own? Chances are the answer is no. But if you insist on proceeding on your own you should know the basics.

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.

So you are at work and your supervisor starts to send you sexual type messages via text message. What should you do to stop this behavior without losing your job? And does this rise to the level of sexual harassment in Illinois? Well the short answer is yes. In Illinois there is strict liability attached to the company if a supervisor or person in management engages in conduct that can be deemed sexually harassing. So sexual text messages would qualify as sexual harassment in Illinois. And the best part about text messages are they show the phone number sent from and are easy to show ownership. Text messages are great forms of evidence.

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.

There are some very troubling statistics regarding discrimination complaints based on sexual orientation in Illinois and in particular in Chicago. According to the Equal Employment Opportunity Commission ("EEOC") the number of discrimination charges increased by over 6,000 from the previous year. In Chicago if you are the victim of discrimination based on sexual orientation you can file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR will investigate the complaint and if there is a finding of substantial evidence, the IDHR will allow you to file a complaint with the Illinois Human Rights Commission ("IHRC") for trial. At the IHRC there will be a trial in front of an administrative law judge. You also have an option of filing a lawsuit at the circuit court in the county where the discrimination occurred. An experienced employment lawyer can help you decide which is the best venue.

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.

You have been working hard and putting in the extra effort. You apply for the vacant supervisors job and you seem like a lock for it. You have the right education, work experience and you do the job now when the supervisor is out on vacation. But you don't get the job and what's worse a man who is less qualified and less educated gets it. You can't believe it and don't know what to do next. Well the good news is in illinois you can file a complaint of gender discrimination with the Illinois Department of Human Rights ("IDHR"). They are the agency that is tasked with investigating complaints of discrimination in Chicago.

So what do you need to prove gender discrimination? Well it is very rare that you will have actual evidence of direct discrimination. That is, that management will write a memo saying don't hire any women for the job. So what is needed is what's called indirect evidence. You will show your qualifications, your education and the qualifications of the person who received the job. Other than your gender what was different? Did other men apply for the job and reach the next level of interviews? Does the company have a pattern of hiring only females for management positions? If the case makes it to litigation and you can take depositions or get the notes of the people doing the interview, are there negative comments about a bad interview or were they positive. These are just a few of the items you need to prove your case. Speaking with an experience attorney who practices in front of the IDHR would be your best bet in winning your case of gender discrimination.

The Illinois Human Rights Commission ("IHRC") is one of the agencies in Illinois that hears cases involving age discrimination and other forms of discrimination. In order to get a case in front of the IHRC you must first file a complaint alleging discrimination with the Illinois Department of Human Rights ("IDHR"). The IDHR will conduct an investigation and upon finding substantial evidence will send you the proper documents allowing you to file your complaint with the IHRC. It is very important to understand what takes place at both agencies so you can maximize your chances of success. Remember that one wrong step and your case could end.

So once your age discrimination case makes it to the IHRC what then? Well the good news is you are probably going to end up with a trial in front of an administrative law judge. Unless you have a baseless case this will happen. And the chances of your case being baseless at this point are not great because the case would not have made it from the IDHR. At trial you can ask for your job back which puts a tremendous amount of pressure on the company to settle. You can imagine how uncomfortable a company would be if they are ordered to take an employee back after they fired the employee. You can also ask for attorney fees, lost wages and benefits and money for emotional distress as well as any medical bills you may have incurred, including money for a therapist. Make sure you are prepared for your trial at the IHRC and maximize your chances of success.

I get many calls from people in the Chicago area about their work place and what they believe is a hostile work environment. So what is a hostile work environment in Illinois? Well from a legal perspective, it is being treated different based on a protected category and then this treatment resulting in a work environment that is untenable. So for example if you are the victim of sexual harassment at work and this creates a situation that makes going into work too much for you to handle this would be considered a hostile work environment. You can file a complaint with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC").

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.

My Chicago office is often asked to give tips on what takes place at the fact-finding conference with the Illinois Department of Human Rights ("IDHR"). First lets look at who will attend the conference. The complainant, her attorney, the investigator from the IDHR, the Respondent and his attorney. If the Respondent is a company, it could be a representative from the company. Also, there is no requirement that either party have an attorney, although it is recommended. The conference will be held in person at the IDHR office, which is located at the Thompson Center for cases in the Chicago area.

At the conference it is important to have a list of names, phone numbers and address if known of witnesses. The witnesses don't have to be there but it is very helpful if you have that information to give the investigator. The investigator can then contact those witnesses prior to arriving at a report or finding. Also, it is important to review your complaint and review any notes you have. Make sure your statements are consistent and are supported by the evidence. This is your opportunity to tell your story, so tell it.

So you are at work minding your own business and another worker or supervisor starts to engage in sexual harassment. What are you going to do to stop it? If you come forward and complain to human resources and the other person deny's it will your complaint end there? These are all good questions and issues to consider when trying to decide what to do if you are the victim of sexual harassment at work. So what types of evidence may you utilize to prove you are being sexually harassed? Well there are the obvious ones like text messages, email and voice messages. The problem is many times the person doing the harassment doesn't leave this type of evidence. To make matters worse, sometimes the sexual harassment takes place one-on-one and there are no witnesses. So how can you prove you are being harassed? How can you prove the creation of a hostile work environment?

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.

What happens when you are the victim of sexual harassment at the hands of your supervisor? As you can imagine it puts you in a very tough position because of the power the supervisor has over you. If you complain and management doesn't do anything what are you going to do? My advice to you is call an employment lawyer and discuss your issue. In Illinois there is strict liability if a person in a position of control engages in sexual harassment with an employee. It is very important to protect your rights and file a complaint with the Illinois Department of Human Rights ("IDHR") within a very short time period.

My Chicago office is very active with the IDHR and i don't charge a fee unless money is recovered. There are ways to draft a sexual harassment complaint that puts pressure on the company to take the complaint seriously. Remember that human resources is not there to protect your rights, it is there to protect the company. Don't let human resources buffalo you into thinking they are handling it in a private fashion. Call an experienced employment lawyer and protect yourself. Many times, the company engages in retaliation when an employee comes forward and complains about sexual harassment. Don't get pushed around by human resources when your supervisor engages in sexual harassment.

Many times people will go it alone when they have a sexual harassment case with the Illinois Department of Human Rights ("IDHR"). Even though it is unwise to proceed alone at that point it is not fatal. However, once the case makes it to the Illinois Human Rights Commission ("IHRC") it would behoove you to hire an employment lawyer for your case. Two main reasons. First, it won't cost you anything as a good employment lawyer will take your case on contingency fee. Second, things can get tricky at the IHRC and you will actually try your case there.

The other side will have an attorney and you will be at a very big disadvantage if you don't have an attorney. One of the first things that will take place at the IHRC is discovery. If you don't draft discovery properly you may not get all of the information you need to win your case. Why take a chance and draft it alone?

My Chicago office gets calls all the time from people who want to know how much it will cost to file a sexual harassment complaint against someone at work. That is a very good question because most people don't have extra money set aside for legal fees. The good news for people is my office doesn't charge to file a complaint. I work on contingency fee only and don't get any money unless you recover money. So either we both get paid or neither of us gets paid. This also means that if I take your case I believe you have a good case or I wouldn't take the case.

Now there are times that after I take the case, facts are uncovered that can hurt your case but if you are upfront with me in the beginning this usually doesn't happen. It is very important to discuss your case early and file a claim of discrimination based on sexual harassment early so you don't miss any statute of limitation dates with the Illinois Department of Human Rights ("IDHR"). I practice in front of the IDHR weekly and have many cases with them. It is very important to hire an experienced employment lawyer to handle your sexual harassment case.

American Apparel, Inc., pays $60,000 to settle a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission "(EEOC"). According to published accounts American Apparel fired a garment worker while he was on leave because of a disability, and thereby failed to accommodate him based upon that disability. When this type of activity takes place it violates the Americans With Disabilities Act ("ADA").

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.

Large corporations usually have very large human resource departments and large policies on discrimination. The discrimination policies usually cover sexual harassment and what to do if you are the victim. The corporations also usually give sexual harassment training to all employees. The problem is, when someone comes forward and complains about sexual harassment they are usually demonized, marginalized and for the most part put on the shelf. Big corporations don't like anyone who rocks the boat.

So what do you do if the corporation doesn't take your complaint of sexual harassment seriously. You call my office and we file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR"). The IDHR will investigate the claim and won't let the corporation sweep the entire matter under the rug. Remember that human resource departments are there to protect the corporation not to protect you and your rights. A good employment lawyer will protect your rights.

it is unfortunate but true that when most people complain to human resources about sexual harassment the company ends up engaging in retaliation. Instead of investigating the complaint and taking action the company takes the blame the victim policy. This usually results in a call to my office and the filing of a complaint with the Illinois Department of Human Rights ("IDHR"). This in turn results in the company spending money on legal fees and usually paying money to settle the case.

I am amazed how often this takes place and why companies just don't address sexual harassment complaints head on. I believe a good deal of this has to do with lack of training and an unrealistic belief that they can sweep the whole thing under the rug. People who have been victimized by sexual harassment deserve help and to be taken seriously. If companies don't wish to take the complaints in a serious fashion they will pay the price down the road.

My Chicago office has many cases of discrimination at the Illinois Department of Human Rights ("IDHR"). The discrimination case may involve sexual harassment, gender discrimination, religion, sexual orientation to name just a few. So what happens after the IDHR investigator finds substantial evidence of the discrimination? Well there are several options at that point. We could file a complaint directly with the Illinois Human Rights Commission ("IHRC") or you can file a complaint in the local circuit court where the discrimination occurred. So which venue should you file your sexual harassment complaint or other discrimination complaint?

The answer for most cases is the IHRC. One major factor in filing with the IHRC is the cost. There is no cost in filing at the IHRC. Additionally, in my opinion the case will work its' way to trial at a faster pace than filing in the local circuit court. The downside in filing at the IHRC is you can't have a jury trial. All cases filed at the IHRC are heard by an administrative law judge. Remember the goal of any case is to get money in your pocket. Having a good negotiator on your side maximizing your settlement is key.

You are doing a great job at work and things seem to be going good. However you have a co-worker or supervisor that is discriminating against you based on your sexual orientation. You complain about it to human resources but nothing is done to stop it. So what should you do next? The only remaining option is to file a complaint with the Illinois Department of Human Rights ("IDHR"). Filing a complaint with the IDHR gives you protection and starts an investigation. Remember that the company can sweep an internal investigation under the rug, but they can't control the investigation with the IDHR.

The IDHR can interview witnesses, access documents and put pressure on the company to try and settle the case. These are all good things for a person who is being discriminated against. You can also keep your job while your investigation is being conducted by the IDHR and the company can't engage in retaliation against you because you filed the complaint. Don't go it alone, contact an experienced employment lawyer and get help protecting your rights.

So your sexual harassment complaint with the Illinois Department of Human Rights ("IDHR") received a finding of substantial evidence and you can now proceed for a trial with the Illinois Human Rights Commission ("IHRC"). What can you expect? Well for starters you need to contact a good employment lawyer because going it alone is fraught with potential problems. You will want to engage in discovery and your discovery requests must be properly drafted and you must file the appropriate documents with the IHRC. If you don't do things properly you risk having your case dismissed by the judge.

If you do proceed correctly at the IHRC and actually get to the trial, there are a few things to keep in mind. First, there won't be a decision made that day. After the actual trial the judge will request a post-trial memo outlining the evidence presented and your argument. This is a very important document because many times the judge won't make a decision for several years and therefore the judge will rely on what you write. It is hard for the judge to remember what was said at trial if he doesn't decide until two-years later. For this reason having an experienced attorney can help your chances of winning.

What happens when you complain to the human resource ("HR") manager that your supervisor is engaging in sexual harassment with you? What can you expect from the human resource manager in the way of an investigation? The answer will depend on the company and how serious they take sexual harassment. In most cases the HR manager will talk with you and the person you are accusing--not at the same time. Next the HR manager will talk with people who may have witnessed the sexual harassment. The HR manager may also review email and text messages to try and determine what happened. At the conclusion of this the HR manager will talk with senior management to determine what steps to take next as far as discipline including termination.

The problem with what is written above is many times HR just tries to sweep matters under the rug. They don't wish to get to the truth. If is a senior manager doing the sexual harassment, they would rather do nothing or worse, fire the person being harassed. This is what I call blame the victim. It usually can be called retaliation and can be the basis for a complaint with the Illinois Department of Human Rights. It is very important to seek legal help once you are the victim of sexual harassment because HR is paid by the company and their loyalty is with the company. Don't be fooled into thinking HR is looking out for your best interest.

Sexual harassment in Chicago is a growing problem. Because employees are making less money and are afraid to lose their job they put up with more than they usually would. And it seems managers think they can do more to employees. I get many calls about managers who are trying to have sex with their employees and making them feel like they will be fired if they don't go along with it. This is commonly known as retaliation. In Illinois this is illegal and a violation of the Illinois Human Rights Act ("IHRA").

In Chicago I file complaints of sexual harassment with the Illinois Department of Human Rights ("IDHR"). The complaints basically allege violations of the IHRA and the damages that I can ask for include, lost back wages, lost future wages, attorney fees, medical bills and money for emotional distress. It is very important for people to realize they must file a complaint within a short period of time or they will be prohibited because of the statute of limitations. It is imperative to speak with an employment attorney at your earliest.

Usually when a person complains about sexual harassment in the workplace the victim ends up getting the raw end of the stick. For some unknown reason, management ends up blaming the victim and engages in retaliation. The retaliation can come in many forms. Everything from demotion, termination or just ignoring the conduct so that the person must endure even more sexual harassment. It is very important to document everything that is taking place at work to increase your chances of success.

My Chicago office handles many sexual harassment cases and I usually file at the Illinois Department of Human rights ("IDHR"). There is a strict time limit when filing a complaint at the IDHR so you must act fast and seek legal advice immediately. There are other reasons to act fast including drafting your complaint to human resources in just he right way. Remember that management is looking out for the best interest of the company and you need someone to look out for your best interest. Don't count of management; protect yourself.

In Illinois the Illinois Human Rights Act ("Act") protects employees from discrimination based on a number of categories. My Chicago office gets many calls from people who think they have a claim based on the creation of a hostile work environment. However, in Illinois the hostile work environment only exists from a legal perspective if there is an underlying charge of discrimination. The discrimination may be sexual harassment or any other form of protected category under the Act.

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.

There are many steps in a sexual harassment lawsuit. First, the complaint is filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). If you file with the IDHR they will cross-file with the EEOC so you get a two for one. After the complaint is filed there will be a verified answer filed by the company; which is simply an answer filed under oath. After the answer is filed the IDHR will schedule a client interview to get facts and the names of any witnesses. The next step is the fact-finding conference at the IDHR. The fact-finding conference would be attended by the person filing the charge, her attorney, the IDHR investigator and the company representative and their attorney.

Along the way the parties usually try to settle the case. So why should you try and settle the sexual harassment case? There are many reasons why settling is to your advantage. First, you get guaranteed money in your pocket. Remember there is no guarantee you will win your case. Second, you get money today as opposed to perhaps getting money years from now. Third, you don't have to worry about the company going out of business or filing for bankruptcy. Because sexual harassment cases take years to get to trial a company could have financial problems before the case is resolved. I always work hard to settle cases and think it is the best course of action in sexual harassment cases.

Unemployment ranges between eight and nine percent in Chicago. As the fight for jobs increases many people over the age of 40 find themselves under more scrutiny. In Illinois it is a violation of the Illinois Human Rights Act ("IHRA") to discriminate against someone because of their age. Under the IHRA the age is 40. Another words, if you are 40 or over you can file a charge of age discrimination with the Illinois Department of Human Rights ("IDHR") if you believe you are being treated different than younger workers. Many times a review of all the employee files including education, experience and pay can be utilized to prove age discrimination.

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.

What is a constructive discharge in Illinois? A constructive discharge occurs when an employee is put in a position because of discrimination that a reasonable person in the same position would quit. Under the law a constructive discharge is treated as a termination by the employer. If a person is subjected to a hostile work environment because of discriminatory behavior, the person can file a complaint with the Illinois Department of Human Rights ("IDHR"). Under the law the person would have 180 days from the last date of the discrimination to file such a complaint.

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 Illinois Human Rights Commission ("IHRC") is the place where a sexual harassment complaint will be heard after you file your complaint with the Illinois Department of Human Rights ("IDHR") and get a finding of substantial evidence. You also have the option of filing your case in the local circuit court. My Chicago office handles many sexual harassment cases at the IHRC and people are foolish to not hire an experienced attorney when proceeding at that venue.

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.

A big question my Chicago offices gets is when a case gets filed at the Illinois Human Rights Commission ("IHRC") for trial who pays the attorney fees. As you can imagine, attorney fees can get very expensive and most people can't afford them. My office takes cases before the IHRC on contingency fee only for the client. However, that doesn't mean that the losing party is off the hook for attorney fees. My offices hourly rate is $250 per hour and I always ask for attorney fees from the Respondent in the case. Attorney fees can easily run $30,000-$60,000 in an average hostile work environment case by the time the case goes to trial and the judge issues a decision.

There are many reasons for such high fees. First, the case starts at the Illinois Department of Human Rights ("IDHR") and that process takes over a year. Most cases especially those involving sexual harassment have email, text messages and other detailed information. Next, the parties usually try to settle and if not there is a good deal of discovery at the IHRC. Discovery is very expensive in both time to process the information and then at trial to prepare that information for the actual trial. The good news for Complainants is that most of the time plaintiffs don't have to pay for the attorney fees of Respondents even when they lose.

My Chicago office handles many types of discrimination cases. One question that I get asked often is what happens after I file a discrimination case with the Illinois Department of Human Rights ("IDHR")? Does the IDHR try the case and give a verdict? The answer is no. The IDHR investigates the complaint and if there is substantial evidence allows you to file directly with the Illinois Human Rights Commission ("IHRC") for trial. So in fact the IDHR acts as a gate keeper for the IHRC. This keeps the number of cases down so the IHRC doesn't get overwhelmed with cases.

Of course the down side is many times the investigators at the IDHR try to try the case and issue their own verdict so to speak. It is very important to hire someone experienced when taking a case to the IHRC because cases can be won and lost during discovery. Many sexual harassment cases that I file at the IHRC are settled because the other side doesn't want damaging or embarrassing details coming out about what really happened at the company. Additionally, many sexual harassment cases also include a claim for retaliation and companies don't want those details emerging either. It is in your best interest to proceed before the Illinois Human Rights Commission with caution and in my opinion with the help of an experienced employment lawyer.

Sexual Harassment in the workplace is a growing problem. There are statistics that show the numbers going up or down but they don't really tell the story. In Chicago my office is seeing a rise in the number of sexual harassment complaints. There are many reasons for the increase I am sure. I believe one reason is the tight job market and the fear employees have about losing their job if they complain. In Chicago I file sexual harassment complaints with the Illinois Department of Human Rights ("IDHR"). Even though the IDHR is having budget cuts they still do a great job of investigating complaints of discrimination including sexual harassment.

There are many other types of discrimination that can be filed with the IDHR and the important thing to do is for people to contact an employment lawyer to get better advice. Remember there are strict time limits for filing a complaint with the IDHR and once those limits pass, your case will be lost. There is no reason why an employee has to put up with sexual harassment. You have rights as an employee in Illinois and it is very important that you speak with a sexual harassment lawyer to protect your rights.

What happens when you are being sexually harassed at work and there is no written proof or no witnesses? How are you suppose to confront the person doing the sexual harassment and prove this is actually happening? My Chicago offices gets calls like this all the time. Here is the advice I give and what I believe you should do. If the person harassing you will not stop try this. Send him an email memorializing what he just said to you and ask if you heard him correctly. This does a couple of things First, if he responds in the positive, you now have proof of what he said to you.

Second, even if he does not respond to your email, it may get him thinking that you will not put up with the sexual harassment and he may stop. If the person still won't stop you can file a complaint with the Illinois Department of Human Rights ("IDHR"). My office handles cases before the IDHR and it is one way to stop the harassment. Remember that not doing anything is the worse thing because the harasser will just continue doing what he is doing.

My Chicago office is seeing a real increase in the number of sexual harassment defense claims of consent. It usually starts with the employee filing a complaint of sexual harassment and backing it up with evidence such as text messages or emails. The person doing the harassing then if left with two choices. They can't deny the sex text messages so they can't deny there was sex talk. They could admit to harassing the person but usually they do not. Instead they claim the sex talk with consensual and two-way and therefore consensual. In affect they are claiming there is no sexual harassment because the advances were warranted.

The problem with this theory is, the person doing the harassing is usually in a position of power so there really can't be a true consent. Second, usually the evidence shows the person doing the harassing is sending more texts and it starting the text message chain. I tell my clients not to be afraid of this type of defense and don't let it discourage you from coming forward. At the end of the day, text messages are usually the best evidence you can have. I file many cases at the Illinois Department of Human Rights ("IDHR") regarding sexual harassment cases involving text messages.

Does it makes sense to file your sexual harassment case with the Illinois Human Rights Commission (“IHRC”) after you get a finding of substantial evidence from the Illinois Department of Human Rights (“IDHR”)? Well there is no standard answer to that question. In general, a case filed with the IHRC will be less expensive to pursue and will go to trail faster than a case filed with the circuit court in your particular county. However after the administrative law judge hears the case at the IHRC, it can take years before a written decision is made. If you have a case go to trial in the circuit court the verdict is made that day or a day later for the most part. So what is the advantage of filing with the IHRC? Well, most cases settle prior to trial. Because the IHRC will hear the case quicker, it logically follows that the case will settle quicker once you file with the IHRC. So one big advantage of filing with the IHRC is you may get actual money in your pocket quicker.

On the down side of filing with the IHRC, an administrative law judge and not a jury will hear your case. Juries are known to award higher amounts and sometimes having that wildcard can increase settlement amounts. And in sexual harassment cases that involve a hostile work environment juries can really award large amounts. But remember there is no rule and this varies on a case-by-case basis. Another factor to consider are the facts of the case. Sometimes a case is better off being filed in an employee friendly venue like the IHRC rather than in the local circuit court—which can be very company friendly. Remember local judges for the most part are elected and companies contribute large amounts to these elections. Administrative judges are appointed and may not have that much influence from big business. So the question of which venue should I choose will depend on the facts of your case and your goals.

In a sexual harassment case many times the person being harassed receives text messages that are sexual in nature. In many instances the person’s supervisor, or someone in authority is sending these messages. When the sexually suggestive text messages first start it puts the employee in a very awkward position. When they get the first text message they don’t know what to do. Should they immediately confront the harasser and jeopardize their job? Should they just text something back hoping the harasser will be satisfied with the response and let things go at that? There is no playbook to follow and it puts the employee in a very difficult position. A position they should not be in. This type of activity puts an employee in a hostile work environment and can cause a great deal of stress and anxiety. And the real issue is the supervisor has no business putting an employee in this position. Additionally, they company should do a better job training management so they realize they can’ do this to employees.

Once a sexual harassment complaint is filed with the Illinois Department of Human Rights (“IDHR”) the company will usually try to explain the inappropriate and sexual text messages as consensual. They do this because how else can they explain the boss sending sexual messages to an employee? It is too bad they take this approach and don’t instead admit some liability and try to resolve the case at this point. My Chicago office sees case after case of employers not owning up to the sexual harassment and instead either blaming the victim or trying to concoct some story about it being consensual. The good thing about Illinois law is that under the Illinois Human Rights Act a company has strict liability if the supervisor engages in sexual harassment. This means reporting this type of behavior to human resources isn’t required before liability attaches to the company. The bottom line for victims of sexual harassment is don’t be too concerned if you happen to have responded via text message to the person harassing you.

My Chicago office files many claims of sexual harassment with the Illinois Department of Human Rights ("IDHR"). A person who is the victim of sexual harassment or other form of discrimination in the workplace or public accommodation must first file with the IDHR or Equal Employment Opportunity Commission ("EEOC"). This must take place prior to having the case heard in federal court, state court or in front of the Illinois Human Rights Commission ("IHRC").

Recently because of budget cuts the IDHR has been tasked to lay off 25% of its investigators. This is going to have a dramatic affect of how quickly a case moves through the system and how well victims of discrimination will have justice. You can guess that wiping out 25% of a workforce can only have a negative impact in the quality of service. The IDHR does a great job of investigating claims and trying to resolve cases prior to the filing of a complaint in court or with the IHRC. Hopefully the masterminds in Springfield will come to their senses and stop this insanity.

I represent complainants at the Illinois Department of Human Rights ("IDHR") on charges of discrimination including sexual harassment. One of the steps in the investigation process by the IDHR is to conduct a fact-finding conference. I just appear with my client but many times the other side will bring many witnesses. I have never really figured out why defense attorneys do this other than to run their bill as high as possible. You can imagine the time it takes to prep all of those witnesses prior to the fact-finding conference.

The reason I don't think it is a good idea to bring extra people is because they aren't going to do any good. As long as the complainant says something happened the investigator can't disbelieve the credibility of the complainant. This is because of a federal case called Cooper v. Salazar. Basically an investigator with the IDHR is prohibited from making a credibility of witness determination. So bringing extra people may seem impressive but all they are doing is giving the complainants attorney a free bite at the apple by hearing what they have to say.

My offices gets calls from time to time on interesting topics. A recent call set out a series of research querrys involving other states and here is what the question was and what I found. Can an employee over 40 be replaced with technology and if so is that a form of age discrimination under the law? Or course if it is age discrimination the employee could file a complaint with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR").

I did some research and found a case from the United States Court of Appeals for the Eleventh Circuit. It is Cortemoller v. Int'l Furniture Mktg., Inc. In that case Mr. Cortemoller was replaced with some technology that did his job as a communicator. He sued under the age discrimination laws and the district court granted summary judgment to his employer. He appealed and the Eleventh Circuit affirmed the lower courts ruling. In short, the court held that technology does not amount to a younger employee. This case is very interesting and I am sure we will see similar challenges in other states and thus other circuits. In the future I could see a similar claim brought by other protected classes of people under for example sexual orientation.

So you filed a sexual harassment complaint at either the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). The case is about to settle and you being told to sign an agreement that includes a paragraph called a confidentiality clause. What is a confidentiality clause and why is it in most sexual harassment agreements? The answer is simple, the clause is effectively a gag making sure you don't discuss the details of the case. Most companies settle the case and don't wish to have negative publicity associated with the case.

The confidentiality clause is also good for the employee. The clause prevents the company from badmouthing or otherwise letting details of the case escape which may put the employee in a negative light. So the confidentiality clause helps both sides and can be seen as a positive. Even if the case has reached the Illinois Human Rights Commission ("IHRC") for trial the details won't become public unless there is an actual trial. Given this fact, the parties can still settle with the details of the case being kept private. The recent case involving Herman Cain and his sexual harassment lawsuit helps illustrate the importance of a good confidentiality clause in the settlement agreement.

Now that Presidential candidate Herman Cain is being accused of sexual harassment by three different former employees sexual harassment in the workplace is on the forefront. In the Cain case, two former employees settled their claims for an undisclosed amount of money in return for signing a confidentiality agreement. So what is the true cost of settling a sexual harassment case? Well first there is the amount of money you are going to pay the victim. Second, you are going to incur legal fees from your own attorneys which can be substantial. And lastly you are going to have the settlement hang over your head in the future. Case in point the Cain case.

If the company did not settle the sexual harassment claims with Cain's alleged victims, the company could have fought and if they prevailed the facts would be public and Cain would be vindicated. Instead, the facts are hidden and in dispute. So did Cain really sexually harass the women or not? That question is now on the table because the case was settled with a confidentiality agreement. In Illinois a sexual harassment complaint can be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). If you file with the IDHR they will cross-file with the EEOC so you get a two for one. In any event, the true cost of a sexual harassment case may not be determined by crunching the numbers as evidenced by the Cain case.

The Illinois Department of Human Rights (“IDHR”) is having budget issues and recently laid off employees. This means that the investigative phase of the agency will be slowed. The agency is mandated by law to complete an investigation into sexual harassment and other forms of employment discrimination within one year from the date of filing a charge. This is going to be very difficult now that there have been substantial layoffs.

The good news for plaintiffs lawyers is that the cases can perhaps get fast tracked and end up at the Illinois Human Rights Commission (“IHRC”) faster. After all the IHRC is where the money will be made because the IDHR only has the authority to issue a finding of substantial evidence or lack thereof. The IHRC on the other had can issue a monetary judgment. I will keep readers up to date on what is happening at the IDHR and if there will be further layoffs.

So the initial complaint with the Illinois Department of Human Rights ("IDHR") was successful and they found substantial evidence of your discrimination. You filed directly wit the Illinois Human Rights Commission ("IHRC") for trial--now what? Well now is the time you have to prove your case in front of the administrative law judge so you can get paid. The process may seem straight forward and one in which the average person can easily navigate but beware. There are many small things in your case that take an experienced and aggressive lawyer. Do you know all the nuances of the discovery process? Do you know the best question to ask in interrogatories or the best document requests to make? If you don't ask for the right information you may be missing a great opportunity to get good and useful evidence.

Experienced employment attorneys who handle these cases in front of the IHRC can make all the difference. In fact, it can mean the different in not getting any money or getting a nice settlement or award. The IHRC is not there to represent you so you must either represent yourself or hire an employment attorney. Your have been successful so far with your case, take the extra steps and make sure you get paid. Hire an experienced employment attorney once you get to the IHRC.

The numbers are in and the fact is the number of sexual orientation lawsuit being filed in Chicago is on the rise. There are a number of reasons this is taking place. First, people are feeling more comfortable about their identity and they are exerting their legal rights when they feel they are the victim of discrimination. Second, the number of people at work who are willing to come forward during investigations regarding sexual orientation seems to be increasing as well. When you combine both of these, the numbers support the increase.

The Illinois Department of Human Rights ("IDHR") is the venue I choose to file a sexual orientation claim because they are required by law to complete the investigation within one year. The Equal Employment Opportunity Commission ("EEOC") on the other hand has no such mandate and therefore the case could linger unresolved for years. Also when you file with the IDHR, the case is automatically filed with the EEOC so you get the best of both worlds.

There are many hidden facts when your case comes before the Illinois Human Rights Commission ("IHRC") and the untrained person can make big mistakes is they proceed on their own. For example did you know that it generally takes over two years from the date of your trial to actually get a ruling? That isn't two years from the date of filing but rather from the actual trial. That means from the time you first file your complaint with the Illinois Department of Human Rights ("IDHR") you case may take four or five years to get to an actual decision. With those facts in mind you can see why it is so important to try and settle your case early.

An experienced employment lawyer can settle your case at the IDHR level and that is the best way to go if you desire money now rather than years from now. For example in most sexual harassment cases the company will want to settle quickly to avoid negative publicity and large legal fees in defending the claim. It is always wise to hire an experienced and aggressive employment lawyer. Most cases settle so why not settle early.

If you are the victim of discrimination in Illinois you can file a complaint with the Illinois Department of Human Rights ("IDHR"). The IDHR is mandated by law to complete its' investigation within 365 days of the filing date, unless both parties agree in writing to extend the time. This is a very steep order and it is only going to get worse because the IDHR is going to lay off a good number of investigators due to budget cuts. Generally speaking the IDHR does a great job and they often help case settle quickly. Hopefully these budget cuts won't last. However, the fact that they are laying workers off means you really need an experienced employment attorney to navigate these tricky waters.

My chicago office handles a great deal of discrimination cases with the IDHR especially regarding sexual harassment. There is a very intricate art to dealing with the IDHR especially now that they will be short handed. There is never a charge unless money is recovered so why go it alone? I will continue to keep readers up to date on what is going on with the IDHR and hopefully good news will soon follow.

The city of Chicago is seeing an increase in the number of private employees who are filing sexual harassment complaints with the Illinois Department of Human Rights ("IDHR"). The reason for the increase could be because of the lousy economy and because employers ,may feel as though they don't have to address the needs of workers. Additionally, employers are cutting back on training and education regarding discrimination in the workplace including sexual harassment.

There are many protections available for employees who believe they are the victims of sexual harassment or other forms of discrimination. Sexual harassment can be touching, comments and requests for sex. The biggest problem I see if for victims of sexual harassment being able to prove their case. Many times the person doing the harassment does it one on one and there are no witnesses.

A constructive discharge is treated in Illinois as a termination. Generally what happens is an employee is the victim of sexual harassment or another form of discrimination, complains to management about it and nothing is done. The situation at work gets so unbearable that any reasonable person would quit. The courts have held that a person does not have to continue working in a hostile work environment once management is aware of the situation and refused to remedy the situation. In Illinois I filed constructive discharge cases with the Illinois Department of Human Rights ("IDHR") and they are automatically cross-filed with the Equal Employment Opportunity Commission("EEOC").

There are very strict time limits for filing such complaints and it is very important to not miss the filing deadline or else your case will be lost forever. Many times management will say they are investigating the complaint and they will drag their feet and waiting until the 180 days is past. By doing this, the company will have prevented you from filing with the IDHR because the statute of limitations will be in affect. It is very important to speak with an employment lawyer so you can learn your rights and not let the company push you around.

Chicago is seeing an increase in the number of sexual harassment cases being filed with the Illinois Department of Human Rights ("IDHR"). My office in Chicago is mirroring this fact as well. There are many reasons for the increase in cases being filed. Many employers are feeling powerful because of the current job market. They believe they can get away with thing and conduct they normally wouldn't try to get away with. They also believe employee are too afraid of losing their jobs to complain if they are the victim of sexual harassment. They seem to be wrong on both counts. People are sticking up for their rights and they are not letting these companies push them around.

I believe that as long as people fight for their rights and don't let these companies push them around the workplace will become better for all employees. Every employee in Illinois has guaranteed rights which are not only granted by the Illinois Constitution but also by the Illinois Human Rights Act. Usually there are other forms of discrimination taking place along with the sexual harassment. The most common are retaliation and the creation of a hostile work environment.

My Chicago offices gets many calls for various types of sexual harassment. Sometimes the harassment occurs at work, sometimes over the phone at home. But in what seems like a trend there are more cases of sexual harassment taking place over drink in what is pretended to be a work type meeting--in a restaurant or bar serving liquor. I know this may seem odd that the boss needs to discuss business with an employee in a bar but it happens more than you think. There are probably several reasons for this. First, the boss may believe in a bar he can get your liquored up and make you do something you would otherwise not do. Second, if you meet him for drinks, he may think he has an alibi if you were to claim sexual harassment--calling is consensual. And lastly he may believe in a bar type setting there won't be any witnesses and therefore his conduct will be unprovable.

What the boss may not realize is that just because you agree to have a drink with him, it doesn't make it consensual. The boss has a great deal of control over you and asking you to have a drink and talk about business puts you in a very tough spot. This is especially true if you are on a business trip and staying in the same hotel. It makes it easy for the boss to say meet me in the hotel bar and we can talk about the meeting tomorrow. Remember that you have rights and don't feel that the boss can do what he wants and you have no recourse. I have filed many cases with the Illinois Department of Human Rights ("IDHR") on similar circumstances and have been very successful. Protect yourself and make sure you understand your employment rights in Illinois.

In Illinois it is against the law to discrimination against a person because of their military status. This means that if you are in the national guard or military reserve an employer can't refuse to hire you or otherwise engage in discrimination. A person that believes he is being discriminated against in Chicago or other parts of Illinois can file a complaint with the Illinois Department of Human Rights ("IDHR"). You are probably wondering why a company would not want to hire a person in the military? Some employers are very money oriented and see a person who is serving his country as an employee that will be gone often and the company may have to fill the position while the person is gone--and they just don't want the hassle.

I know this is a sad reason but it happens. Can you imagine not hiring a person who is fighting and ready to die for his country? Corporations in this country are getting more crazy and hostile. It is very important that you realize you have rights and these big corporations can't get away with this behavior. If people want to play hard ball, lets get a bigger bat and play hard ball right back.

With the explosion of texting that is taking place throughout the country and by all age groups it is no surprise that text messages are playing an important role in sexual harassment cases. My Chicago office as well as my downstate office are seeing rising numbers of sexual harassment cases where text messages are the key piece of evidence. There are a few reasons why this is the case. First, the text messages will show the number called and the number that made the call. Because a phone is attributed to a person, this will be conclusive evidence of who sent the text message and what was said. Text messages also don't change their minds or get scared to cooperate with sexual harassment investigations. People on the other hand change their minds and refuse to cooperate sometimes.

Many times I can settle a sexual harassment or other form of discrimination case quickly at the Illinois Department of Human Rights ("IDHR") by showing the other attorney a copy of the text messages along with a demand letter. By settling the case at the IDHR, it saves both parties time and money--and it allows the victim of discrimination to put the entire unpleasant matter behind her.

In Illinois if you are the victim of discrimination you can file a complaint directly with the Illinois Department of Human Rights ("IDHR"). One of the great things about filing directly with the IDHR is a program they have on mediation. If both parties agree, the IDHR will assign the case to a mediator and try to get both parties together to settle the case. Many of you will wonder why should you let the case go to mediation. The fact of the matter is most cases settle at some point prior to a trial. Given that fact, why wait to settle when you can settle early. There are many risks with delay. For example the company could file for bankruptcy, you could move across the country or you could even die. Remember, a case will take four or five years before you receive any money if it isn't settled prior to trial.

My Chicago office handles a large number of sexual harassment cases and many times the company doesn't want the details coming out. You can imagine some of the steamy details that may emerge in such cases. Additionally, the company will have to spend money on a lawyer defending the case. So there are reasons why both sides will want an early resolution of the case. It helps to have an experienced employment attorney who practices before the IDHR and has many cases at that venue. Remember there are very strict time limits for filing your initial complaint with the IDHR so consult an attorney as soon as possible to protect your employment and civil rights.

In Chicago the number of hostile work environment complaints seems to be on the rise. The reason for the hostile work environments seems unclear but one reason may be the current state of the economy. There is no general hostile work environment in Illinois so the hostile environment must be based on a form of discrimination. The Illinois Department of Human Rights ("IDHR") investigates violations of the Illinois Human Rights Act which covers over 15 categories of discrimination. The most common form in Illinois seems to be sexual harassment and racial discrimination.

There must be a good understanding of your rights as an employee in Chicago. The rights you have cannot be taken away by the company and unless you understand the rights and take affirmative steps to protect them, they will be lost. There are strict time limits for filing a complaint with the IDHR so it is important to speak with an employment lawyer who is skilled in this field.

There is a dirty little secret regarding sexual harassment investigations within corporations. Let's take the following example to illustrate what I mean. Suzy the secretary gets sexually harassed by Bob the boss. The sexual harassment includes comments about how sexy she looks, and about her body. It is obvious the boss wants to have sex with her. Suzy reports this conduct to human resources under the corporations sexual harassment policy. Now here is what Suzy doesn't know but should. In Illinois she has 180 days from the date of the last sexual harassing incident to file a complaint with the Illinois Department of Human Rights ("IDHR") or 300 days with the Equal Employment Opportunity Commission ("EEOC"). Those are strict time limits also known as statutes of limitations. Miss those deadlines by even one day and Suzy's case is lost. No matter how much of a hostile work environment was created she will be unable to pursue her case once the 300 days has past.

You ask why that is important? The answer is simple, many times corporate human resource departments know about the strict time limits and use them to their advantage by dragging out investigations. The human resource department will say they have to interview witnesses, gather documents, meet with various people. They may claim people are out of the office or on vacation. All the while the clock is ticking. They may make an initial report and ask Suzy to comment on it or submit other information and before you know it the 300 days has past and Suzy is out of luck. This is why it is very important to get an employment lawyer involved early in the process. The preferred method for Suzy would be to file a complaint with the IDHR--and they will cross-file with the EEOC. The corporation can still conduct their investigation during this time, but Suzy will have protection and leverage.

Many corporations today employ an Internet search of prospective job applications as part of the employment process. Typically someone from human resources will do a Google search for the prospective employees name and see what is "out there" regarding the prospective employee. I believe this is a very dangerous and unwise practice and opens the corporation up to discrimination claims that would otherwise not exist. Lets take the following example. A gay man applies for a job and obviously his sexual orientation is not known at the time of his employment application. The corporation then conducts an Internet search and finds his Facebook page. Upon reviewing the Facebook page, the human resources representative sees picture of the applicant with his gay male boyfriend. Lets further say that the gay man doesn't get the job he applied for. What's the big deal you say? Well employment law may end up making the corporation wish it didn't engage in this practice.

Well, the gay man may now file a sexual orientation discrimination lawsuit based on not being hired because he is gay. If the corporation never did the Internet search this claim would not exist because the corporation could say we had no idea the man was gay. However, once they "snoop" on the Internet and find out he is gay, the corporation is now in a position where they knew the man was gay when they made their employment decision. This allows the gay man to file a discrimination charge based on sexual orientation with the Illinois Department of Human Rights ("IDHR"). So I believe it is a bad idea for corporations to conduct background type checks on the Internet for prospective employees.

My Chicago offices gets many calls from people inquiring into whether they can file a discrimination complaint based on what they perceive as a hostile work environment. The facts are usually the same. The boss is always yelling and screaming at everyone including the person who contacted my office. The yelling may include profanity and humiliating words. Although this behavior should not take place in the workplace it does. The question is does this conduct rise to the level of discrimination in Illinois? The short answer is no. In the past year the Illinois legislature defeated a bill that would have created a general harassment or bullying law. Under that law this type of activity would have resulted in a discrimination complaint with the Illinois Department of Human Rights (“IDHR”). But as I said that proposed law was defeated.

Now I said the short answer to the question was no but that can turn into a yes under certain circumstances. For example if the boss yells and screams at you and no other workers, perhaps you are being singled out because of your gender, race, national origin etc. Or if the boss only yells at females there could be a gender discrimination case. The point being there may be other facts that could turn general yelling and screaming into a valid discrimination case. Remember that in Illinois there is no general harassment law and therefore more directed type discrimination must take place before you can file a complaint with the IDHR.

Here is a scenario that is all to familiar. An employee reports sexual harassment to management or to human resources and as a result starts to get treated in a hostile manner. What will generally happen is management will let the complaint leak out to the other employees and the employee who reported the sexual harassment will now start to experience a hostile work environment from the other employees. Of course in order to do a proper investigation it may be necessary to give details including the reporting employees name. But in many cases a discreet investigation can take place protecting the identity of the employee who is reporting the sexual harassment.

Another issue that comes up with people who report sexual harassment in the workplace is the person doing the harassing may be friends with other managers or employees. In this instance the other employees or managers start to treat the person reporting sexual harassment in a negative way because they view this as an attack on their friend. When this type of activity occurs it is very important to file a complaint with either the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). I prefer to file with the IDHR because they cross-file with the EEOC so you can get two for one. Additionally, the IDHR is mandated by law to complete their investigation within one-year and the EEOC is not. So for my money, the IDHR is the way to go.

I often get asked about what to do if you are the victim of sexual harassment at work? There are several options that are available to you. First you can file with the Illinois Department of Human Rights ("IDHR"). Second, you can file with the Equal Employment Opportunity Commission ("EEOC"). Lastly, if you are in Chicago, you can file with the Chicago Department of Human Rights. I always file with the IDHR because they cross-file with the EEOC so you get a two-for-one. And the IDHR is mandated by law to complete an investigation within one year. It is always in the best interest of the employee to have the case settled sooner rather than later so the IDHR helps with the settlement process because the investigate the complaint quickly.

There are many things to keep in mind that will affect your case. First, don't talk about your case with anyone. Second, don't post things about your case online. Many times people post things on Facebook or Tweet about their case. This is not a good idea and something said online could be used against you in the case. If you are complaining that the sexual harassment created a hostile work environment and then you engage in similar activity online, it will hurt your case. The bottom line is to keep quiet and just talk about your case with your attorney.

ABC Cake Shop & Bakery is being sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment. The sexual harassment took place at work and involved a large group of female workers including teenagers. According to published accounts one of the owners would make sexual comments and engaged in unwelcome touching which created a hostile work environment for the female workers.

Some of the women who could not tolerate the sexual harassment were forced to quit their jobs which is commonly referred to as a constructive discharge. I will be following this case and I believe the women will receive a nice settlement as a result of what took place. It is very tough on employees when the person doing the harassment is the owner. Who do you report that to? The answer is you file a complaint with the EEOC or other state agency and proceed that way. In Illinois you can file with the Illinois Department of Human Rights ("IDHR"). The IDHR does a better job of quickly investigating complaints of discrimination.

"Employers of all sizes have an important responsibility to maintain a workplace that is free of sexual harassment.” said EEOC attorney Elizabeth Cadle

Arizona Logistics, Inc. will pay $175,000 to five former employees to settle a sexual harassment lawsuit. The lawsuit was filed on behalf of the former employees by the Equal Employment Opportunity Commission ("EEOC"). The EEOC is one of the places you can file a sexual harassment lawsuit. The other place in Illinois is the Illinois Department of Human Rights ("IDHR").

According to published accounts former Regional Director Mark Berault sexually harassed the five former employees. What is even worse, Berault sexually assaulted several of the women. That is incredible that this was taking place during business hours. Berault also engaged in unwelcome touching and indecent exposure. Of course this also created a hostile work environment for every employee. Glad the company had to pay and hope it smartens up and institutes some good sexual harassment policies in the future.

“This was an outrageous case of sexual harassment involving a supervisor who preyed upon vulnerable female employees, subjecting them to some of the most extreme forms of sexual harassment,” said EEOC Attorney Mary J. O’Neill.

I get many calls at my Chicago office about general harassment type questions. The boss yells at everyone or the boss is always slamming things around the office. In short, people call and say the boss is just an ass. The problem in Illinois is there is no general harassment law. People think that if the boss acts this way it is the basis of a hostile work environment. In Illinois it is not. In order to have a hostile work environment you need a basis of discrimination. For example, the boss is yelling at me because I am female--gender discrimination, or the boss is yelling at me because I am black--racial discrimination. If the boss is just a jerk, there is no case. Your only option at that point is to quit. The legislature tried to pass a law that would have covered this type of behavior but it failed.

What I suggest you do is evaluate whether or not there is some other reason why the boss is always yelling at you or throwing things. Is it because you are female? Are you the only person in your office that this is happening to ? So even though it may seem like he is just being a jerk, perhaps he is really discriminating against you based on a protected category. It is free to call my office and discuss the issue so why not ? You should work hard to protect your rights and not let the boss get away with this type of behavior.

Continue reading "Hostile Work Environment Can't Be Based on General Harassment" »

Well it's time for college students to head back to school. This could present problems for both students and the college. There are more cases of sexual harassment directed against Universities than most people think. The reason for this is that many college professors have sex with their students. You would think the colleges and universities would have strict policies against this type of behavior, but they only seem to give it lip service. There are many college professors that get caught having sex with students and they are still allowed to teach. It is amazing that this practice continues, but it does. When a college professor has sex with a student it could create a hostile work environment for all students if the students are involved with a work type program.

My Chicago office is constantly getting calls from students who had sex with their college professor. Many times the relationship is deemed consensual by the university administration but how can you have a truly consensual relationship with the teacher/student dynamic? I alway file a complaint with the Illinois Department of Human Rights ("IDHR") instead of with the Equal Employment Opportunity Commission ("EEOC"). The reason for this is that the IDHR cross-files with the EEOC and the IDHR is mandated by law for complete an investigation within one-year. Also, the IDHR seems to do a better job at conducting a timely investigation.

There is no general harassment law in Illinois. This means if you are just being treated badly by the boss--too bad. However, if you are being treated in a discriminatory way that is a different story. So for example if the boss is treating you terrible and also calling you gay and making anti-homosexual comments that would form the basis for a sexual orientation discrimination claim. The claim could be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). I prefer to file with the IDHR because the are mandated to investigate within one year and they are required to cross-file with the EEOC.

Along with the person being discriminated against, other employees may also be in a hostile work environment as a result of what is taking place. The reason for this is when conduct is taking place that is discriminatory it affects all employees. Also, if there is an investigation, other employees can get dragged into it and then have negative job actions taken against them for cooperating during the investigation. Even though we are at a point in time where the state of Illinois allows for civil unions between same sex couples, there is still a great deal of discrimination based on sexual orientation.

Continue reading "Sexual Orientation and a Hostile Work Environment" »

In the State of Illinois there is no such thing as general harassment. The legislature tried unsuccessfully to pass a bullying in the workplace law but it was defeated. What that means is if your boss is just a general jerk and yells and screams there isn't much you can do other than quit. Unless the hostile work environment is created because of sexual harassment, age discrimination or other forms of recognized discrimination you can't file a claim with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). If the hostile work environment is being created based on a discriminatory category you can file directly with either the IDHR or EEOC--although I recommend hiring an employment lawyer on contingency to file on your behalf and to protect your rights.

My Chicago offices gets many calls from employee who are the victims of general harassment and unfortunately there isn't much I can do. However it is always a good idea to call my office or the office of an employment attorney to discuss because sometimes even though the boss is being a jerk and it seems like a general harassment case, he may only be yelling at you because you are the only female or only gay employee in which instance you may have a case.

Are text messages a good form of proof in sexual harassment cases? Yes, they are very good forms of evidence. The text message will show the phone numbers of both people involved in the exchange as well as the content and date. In Illinois my office files cases of sexual harassment with the Illinois Department of Human Rights ("IDHR"). When filing I will attach copies of the text messages to show the actual sexual harassment that was taking place. Many times the person doing the harassment will deny that any sexual harassment took place so it is important attach copies of text messages so the company management or company attorney can see what has actually taken place.

My Chicago office is also seeing more hostile work environment cases where instant messages are being used to sexually harass someone. Again, it is very important to print out these messages and save them--saving them electronically is also good. The amount that is paid by a company to settle a sexual harassment or hostile work environment case will increase greatly if there is proof of the discrimination. Technology is working to the advantage of employees and it is important to protect your rights by saving incriminating evidence.

Briggs Equipment, Inc. pays $112,000 to settle a racial discrimination lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") and alleged that Bobby Wysong was subjected to racial discrimination when he was terminated from his position as a technician because of his race, black. A company cannot take an adverse action against an employee based on his race or other protected category. In Illinois this type of activity could result in a complaint being filed with the Illinois Department of Human Rights ("IDHR") as well as the EEOC.

According to published accounts Briggs subjected Wysong to a hostile work environment by employees calling Briggs various derogatory names. The main culprit was management employee Mario Rodriguez who referred to Wysong as a “n----r,” “slave” and “dark horse” in conjunction with expressly stating he wanted Wysong fired. The amazing thing was Rodriguez admitted to the comments and other employees also came forward to corroborate the story.

EEOC attorney Eduardo Juarez said “Not only have we obtained significant financial relief for Bobby Wysong, the employment practices that Briggs uses will be greatly improved. No one should have to put up with racial abuse in their place of work – or, even worse, losing his livelihood because of racism.”

Continue reading "Briggs Equipment Inc. Settles Racial Discrimination Lawsuit For $112,000" »

In Illinois it is a violation of the law for an employer to inquire as to your marital status. Many people will say that this sounds odd and what is the big deal? Well the problem with asking about the marital status is two fold. First, an employer may decide that a single person may be less stable or may have a harder time juggling home and kids with work. Second, and employer doesn't have a need to know your personal business. Whether you are married or not doesn't have anything to do with your job.

If you are being asked these types of questions or if you are not being promoted because you are a single mother you can contact my office and we can file a complaint with the Illinois Department of Human Rights ("IDHR"). Any claim filed with the IDHR will be cross-filed with the Equal Employment Opportunity Commission ("EEOC") but the IDHR will take the lead in investigation. Any form of discrimination also creates a hostile work environment for workers and should be addressed. Other forms of discrimination get more headlines and are more familiar to people but marital status discrimination is actionable in Illinois.

In Illinois a hostile work environment exists for all employees if the atmosphere is so negatively charged that the employee cannot perform his or her work properly because another employee has been subjected tot sexual harassment or another form of discrimination. Many times employees get caught up in a sexual harassment investigation and as a result of the investigation, something negative happens to them. For example, after truthfully telling their version of events, the employee is then targeted by a manager or perhaps fired. This would be a form of retaliation and in Illinois it is a form of discrimination.

I suggest that all employees contact an employment law attorney if they are involved in a sexual harassment investigation and believe they are being targeted by human resources or management. Remember you have a short time period from the date of the harassment or discrimination to file a formal complaint with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). My office handles claims at both locations and I offer a free consultation. Make sure you protect your rights.

My Chicago offices gets many questions about what can happen to a witness in a sexual harassment or other discrimination case. The good news is an employee who comes forward and speaks truthfully about what he or she saw is protected from retaliation from the company. If any negative job action were to occur against an employee who comes forward, that employee would have a claim of retaliation against he company. That claim could be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC").

It is very important to speak with an attorney early in the process to determine your rights and to make sure you have the proper protections in place. Don't forget the company has attorneys and human resource personnel to protect their interests. You need to have someone fighting for your rights and interests. If you have a witness to your sexual harassment, I suggest you have the witness contact the same attorney you are utilizing so that the proper protections can be put in place.

My Chicago offices gets deluged with calls about employees who complain about sexual harassment and report it to human resources. The problem is human resources has its loyalty to the company not the employee. The people at human resources usually try to circle the wagons and keep the employee from filing a formal complaint with either the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). The time limits for filing a sexual harassment complaint with the EEOC is 300 days and 180 for the IDHR. By stalling an investigation or claiming to be handling the situation, those time limits can pass quickly.

So where does this leave the employee when the time limits pass? Well in short you are out of luck. It is very important to contact my office or another attorney to get advice as soon as you are the victim of sexual harassment. The other problem is sometimes an employee will become the victim of retaliation once they file their sexual harassment complaint. Human Resources may be friendly with the harassing person or may be afraid of the persons position or other contacts in the company. Again, don't rely on human resources if you have been the victim of sexual harassment--contact an attorney.

My chicago offices gets many inquiries about the difference between racial discrimination and discrimination based on color. Even though there is an overlap between race and color they are not the same. Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity. The Equal Employment Opportunity Commission ("EEOC") and Illinois Department of Human Rights ("IDHR") investigate color discrimination. It is interesting to note that Title VII of the Civil Rights Act of 1964 ("Title VII") does not define color but the the courts and the EEOC define color to have its commonly understood meaning – pigmentation, complexion, or skin shade or tone.

In short color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Title VII prohibits color discrimination against all persons, including Caucasians. Many people don't realize this nuance in the law but it does exist. When the IDHR or EEOC are investigating a claim of color discrimination, they utilize a different standard than the circuit or federal courts. They apply the same standard of proof to all race or color discrimination claims, regardless of the victim’s race or the type of evidence used.

In most cases a claim of sexual harassment will be followed by a claim of retaliation because most companies seem to shoot the messenger. A person comes forward with a claim of sexual harassment and human resources usually either doesn't take the claim seriously or then looks into how they can dig up dirt and discipline the person being harassed. It is very important to contact human resources by email so that you have a paper trail of what took place and you can prove you complained.

Remember that you only have 180 days from the last date of sexual harassment to file a claim with the Illinois Department of Human Rights ("IDHR") or 300 days with the Equal Employment Opportunity Commission ("EEOC"). If you file with the IDHR they will automatically file with the EEOC. Sometimes a company will drag out its' investigation past the 180 and 300 day time limits in order to prevent the employee from asserting their rights. Make sure you don't allow this to happen.

In Illinois a person must file a charge of discrimination based on sexual harassment with the Illinois Department of Human Rights ("IDHR") within 180 days from the date of the last instance of ongoing sexual harassment. If the person misses the 180 days, she can file with the Equal Employment Opportunity Commission ("EEOC") within 300 days from the last date of the ongoing sexual harassment. Personally I prefer to file with the IDHR because they are mandated to complete an investigation within one year from the date of filing and the EEOC has no such mandate.

I also like the fact that the investigators for the IDHR are active and work to settle cases through mediation or the fact-finding conference process. The IDHR has three locations, Chicago, Springfield and Marion, Illinois. My office handles all three locations and I am very good at obtaining settlements prior to trial. In my opinion it is better to obtain a settlement early in the process for several reasons. First, in the instance of a sexual harassment claim, you can put the horrible incident behind you and move on with your life. Second, you get guaranteed money as opposed to waiting and perhaps having the company file for bankruptcy protection or go out of business.

There is a myth out there that most sexual harassment cases go to trial and there is a large verdict. One reason for this myth is the fact that most big cases get publicity and are reported in the various medias. Cases that settle for millions often make the news and give people a false sense of the true value of most sexual harassment cases. The average case does not settle for big money but settling the case is often good for a number of reasons. First, it gives closure to the victim and helps the person get on with her life. Second, it gives a guarantee of some money and lasty it can be taken as a victory-the fact that the other side paid some money. Most sexual harassment cases also involve retaliation and the creation of a hostile work environment.

The danger in taking a sexual harassment or other type of case to trial is that by the time the case goes to trial, the company could be out of business or bankrupt. The reason it takes so long is that if you file with the Illinois Department of Human Rights ("IDHR") they cross file with the Equal Employment Opportunity Commission ("EEOC"). The IDHR has up to one-year to complete its' investigation and that only gives you the right to file directly with the Illinois Human Rights Commission ("IHRC") if the IDHR finds substanial evidence. It will take another year with the IHRC before the actual trial and a decision by the judge after trial can take another two-years. If the EEOC investigates instead of the IDHR, it can take even longer. So if you can setttle.

The number of cases involving the creation of a hostile work environment in Illinois seems to be on the rise. My Chicago office is reporting an increase in the number of hostile work environment cases based on sexual harassment. If you are the victim of such a case my office will file a complaint on your behalf with the Illinois Department of Human Rights ("IDHR") and that complaint will be automatically cross-filed with the Equal Employment Opportunity Commission ("EEOC"). There are many reasons for the increase but the biggest is probably the lack of respect employers seems to convey to their employees.

The economy has been down for so long that employers believe they can do whatever they want to employees and nothing will happen. The employers believe they can easily replace the employee and therefore they falsely believe they are untouchable. I am here to tell you they are not. If you believe you are the victim of a hostile work environment based on sexual harassment or another form of discrimination please contact either of my offices. I hold many companies responsible for their actions and I can help you.

Well the results are in. The number of sexual harassment lawsuits filed by my office in 2011 has increased over 2010. Other attorneys I talk with are seeing an increase as well. Of course if you file a complaint of sexual harassment in Illinois, you can file with the Illinois Department of Human Rights ("IDHR") and that agency will cross-file with the Equal Employment Opportunity Commission ("EEOC"). I find that the IDHR does a good job of investigating the claim of sexual harassment and also of helping with settlement talks.

Along with claims of sexual harassment I also see a number of retaliation claims. What happens is an employee complains to management about sexual harassment and is then fired or had another type of negative job action take against him. Usually this type of action is very transparent. The employee is a good worker, complains and is then fired. It looks so obvious. My Chicago office is seeing a real increase in the number of retaliation claims.

Hyundai Ideal Electric Company ("HIEC") coughs up $188,000 to settle a gender discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female drafter, Tabitha Wagner. According to accounts which have been made public, Wagner was an experienced drafter and was hired for a job preparing drawings and sketches for batteries and engines. The problem was she was being paid a lower salary than that of a similarly situated male who was hired only months later. Wagner did what most would consider the right thing. She brought the disparity to the attention of the human resources manager, and was subsequently fired as retaliation for complaining.

This type of activity is so tranparent and isn't fooling anyone. It amazes me that companies still behavior like this. Why didn't they just bring her pay in line with her male counterpart? I am glad she stuck up for herself and filed a complaint with the EEOC. In Illinois you can also file with the Illinois Department of Human Rights ("IDHR") and that organization will cross file with the EEOC.

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

My Chicago office files many complaints of discrimination and sexual harassment with the Illinois Department of Human Rights ("IDHR"). The process for filing with the IDHR is governed by the Illinois Human Rights Act ("Act"). Currently the Illinois Assembly is taking a look at updating the Act by proposing two significant changes to the Act. Under the current procedure, a company has 60 days to file a verified response with the IDHR. The new proposal would cut that time down to 30 days. Second, the new proposal would eliminate the fact-finding conference.

I have no problem with the 30 day proposal but do not agree with cutting the fact-finding conference. At the fact-finding conference both sides have an opportunty to get a look at the other sides evidence and person presenting the evidence. In my opinion this increases the chance of settlement and also allows the employee to see what they are up against. For this reason I am opposed to the change and hope the assembly does not approve it. Discrimination cases affected include retaliation and discrimination that creates a hostile work environment.

Continue reading "Proposed Changes To Illinois Human Rights Act" »

Angela McDonald and nine other warehouse workers filed a lawsuit with the Equal Employment Opportunity Commission ("EEOC") against DB Schenker alleging sexual harassment, the creatiion of a hostile work environment and racial discrimination. The problems include co-workers flying Confederate flags, KKK scrawled in the bathrooms and swastikas drawn on the coffee machine and walls. McDonald complained to management but nothing was done to take down the offensive material or to put a stop to it.

The warehouse is located in Joliet Illinois and there is an increase in Illinois in the number of discrimination claims filed with the EEOC and the Illinois Department of Human Rights ("IDHR"). The sexual harassment included one woman being chased around the warehouse by a male co-worker who was trying to have sex with her. Not only was the male not disciplined but he was promoted into another job. This is the type of behavior by management that makes people file charges of discrimination. This blog will follow the lawsuit and report as information becomes available.

“When I’m leaving at one in the morning, there is no security and I know there are people who are hateful and prejudiced in the building,” McDonald said. “I’m afraid of someone hurting me.”

Continue reading "Warehouse Company DB Schenker Sued For Sexual Harassment and Hostile Work Environment" »

Sexual harassment seems to be a growing problem for employees. It ends up being a double whamy. First, they are exposed to the sexual harassment and then usually to retaliation for reporting the sexual harassment. Unfortunately, many companies don't seem to spend the time properly training their human resource staff on how best to handle a sexual harassment complaint. I see many employees in my office who have been the victim of conduct that rises to the level of sexual harassment and then they report the conduct to human resources, only to be terminated. There seems to be a sense that if you rock the boat in a company, you get thrown off.

It is very important for employees to seek the advice of an experienced sexual harassment and employment law attorney once they first encounter a problem. The employee must realize that human resources is concerned with the best interest of the company and not necessarily the best interest of the employee. There are strict time limits in place for filing a complaint of discrimination with the Illinois Department of Human Rights ("IDHR") and the Equal Employment Opportunity Commission ("EEOC"). For sexual harassment the complaint must be filed with the IDHR within 180 days and for the EEOC 300 days. Don't let the companies human resource department drag out an investigation and make you miss those filing dates.

Carole Pannozzo filed a sexual harassment complaint against her boss Robert Henry alleging that Henry made sexual comments to her and tried to have a sexual relationship with her. Pannozzo also alleged that when she complained, Henry engaged in retaliation by giving her a bad performance review. That case has now been settled and Pannozzo will received $30,000. Pannozzo held the title of executive director of human resources

The sexual harassment complaint was filed with the state Commission on Human Rights and Opportunities which is similar to the Illinois Department of Human Rights ("IDHR"). This case shows that if you are willing to stand up for your rights and not get pushed around, you can get compensation. Even though the employer is claiming there was no wrongdoing, the settlement amount speaks for itself.

City Attorney Mark T. Anastasi said the settlement was reached to avoid costly litigation and what he called the "vagaries of a jury trial."

The city of Attleboro paid $25,000 to settle a hostile work environment and racial discrimination lawsuit with Vincent Bailey, an African-American firefighter. Because of the allegations against the city and specifically against the supervising officer, Bailey will not have to report to him in the future. The Sun Chronicle reports there is a gag order in affect and neither side is commenting, however a freedom of information request did get some information. The case was filed with the Massachusetts Commission Against Discrimination ("MCAD") which is similar to the Illinois Department of Human Rights ("IDHR"), and the federal counterpart the Equal Employment Opportunity Commission ("EEOC").

According to reports in the Sun Chronicle, allegations include supervisor Perkins making racially based derogatory comments, such as:

"Vinny, while you're here, why don't you shine my shoes?"

These types of comments are not acceptable in the workplace and I am glad to see Mr. Bailey hold the city accountable. There were also five witnesses to the comments so it wasn't just a case of one person's word against anothers. This type of behavior not only makes work difficult for the person who is the target of the comments but it creates a hostile work environment for the other employees. You can imagine how uncomfortable it makes everyone at work.

Rawland Leon Sorensen, the owner and manager of more than 50 residential rental properties in Bakersfield is being sued for sexual harassment in violation of the Fair Housing Act. In Illinois a landlord could also be sued for sexual harassment under the Illinois Human Rights Act and specifically under the public accomodation provision. The claim would be filed with the Illinois Department of Human Rights ("IDHR").

According to published reports the victim alleges Sorensen sexually harassed female tenants by making unwelcome sexual comments. Some of the details include Sorensen exposing his genitals to female tenants. Sorensen would allegedly take adverse actions against women who refused his sexual advances. So another words he would engage in retaliation if a women did not obey him.

“No person should have to fear sexual harassment from a landlord who holds a key to their home.” said attorney Thomas E. Perez

Former Grayville Illinois Mayor Henry S. Kijonka paid $17,500 to settle a sexual harassment lawsuit involving former city employee Shelly Osborne. The city ended up paying the settlement amount which is common in these types of cases. According to published accounts Osborne alleged that on a number of occasions Kijonka came up behind her and kissed her on the neck, massaged her shoulders and reached his hands down the front of her sweater.

A problem that can arise in a case like this is witnesses. Many times the person doing the harassment will do it one-on-one and there won't be anyone to witness what took place. I suspect because of the low settlement amount, that is what happened here. I am glad to see Osborne file a complaint and hold the Mayor accountable. Hopefully, the city puts in place a sexual harassment policy and better supervises its' employees.

Continue reading "Former Grayville Illinois Mayor Settles Sexual Harassment Lawsuit For $17,500" »

It seems that these days going to college will get a female student more than an education. Recently Central Connecticut State University's former chief diversity officer Moises Salinas pleaded no contest to sexually assaulting one of his students. In Illinois if a student has this happen they can file a sexual harassment complaint with the Illinois Department of Human Rights ("IDHR").

According to published accounts, Salinas put his tongue down the throat of student Krystal Rich, now 23 and also he grabbed her crotch while he was trying to kiss her. It is amazing that these types of people are hired by colleges.

Judge Strackbein told Salinas that when parents send their children to college, they reasonably expect that professors will not abuse their authority or position and try to take advantage of students.

It looks like 2011 is starting off with an increase in the number of sexual harassment complaints filed with the Illinois Department Of Human Rights ("IDHR") and Equal Employment Opportunity Commission ("EEOC"), at least by my office. There are probably good reasons for the increases, including the fact that employers are feeling with a high unemployment rate, they can treat employees in a poor fashion. Many times along with filing a complaint of sexual harassment, I also file a charge of retaliation. This happens because the employor will fire or take other negative action against an employee when they complain of being the victim of sexual harassment.

It is very important for people to realize that in Illinois they have 180 days from the last date of the sexual harassment or retaliation to file with the IDHR. They do have 300 days from the last date for file with the EEOC, but in my experience it is better to file with the IDHR as they actually investigate the charge. In any case it is very important to speak with an attorney and discuss the details of your case. Even if you just wish to settle the case quickly, you probably won't be taken seriously if you are not represented by counsel.

Two Bloomington-Normal Public Transit System employees filed sexual harassment complaints against General Manager Jeffrey Logan with the Illinois Department of Human Rights ("IDHR"). According to published accounts one employee alleged that Logan touched her arms during a meeting and her lower back while she was at a copier. The second employee said she complained of being sexually harassed on three separate occasions prior to filing her complaint with the IDHR.

Both employees said that when they complained, they were placed on administrative leave. If a company or organization takes a negative job action against an employee who complains about sexual harassment it could form the basis for an additional claim of retaliation. The case seems to be getting interesting as now Logan has been placed on administrative leave following a board meeting. Usually at this point the parties would explore settlement discussions and hopefully settle the case prior to a fact-finding conference by the IDHR.

Logan said he had no comment about the complaints.

Deborah Cooke and Christina Rodino both lesbian fitness instructors filed a lawsuit claiming discrimination based on sexual orientation and the creation of a hostile work environment against gym owner David Barton and his gym David Barton Gym. According to published accounts both women were fired after they put up with antigay comments and sexual harassment. Some of the details of the lawsuit include allegations that Cooke was called Lesbian Deb and asked by a male coworker whether she was going to strap on a penis tonight.

When the women complained about the discrimination the owner fired them which would constitute retaliation. There are facts in this case which indicate the gym had a large gay membership and this type of behavior is not only illegal if proven but also from a business standpoint stupid. This blog will keep track of the lawsuit and post updates when they happen. My guess is the case will settle prior to trial like most lawsuits do.

They both claim they were asked to “engage in sexual relations with another woman at the workplace."

Continue reading "Lesbian Fitness Instructors File Hostile Work Environment Lawsuit Against Gym Owner" »

If you have been the victim of sexual harassment, a hostile work environment or retaliation you have options after your case has been found to have substantial evidence by the Illinois Department of Human Rights ("IDHR"). You can proceed to trial before an Administrative Law Judge ("ALJ") at the Illinois Human Rights Commission ("IHRC") or you can file a complaint in the circuit court of the county where the discrimination took place. There is an additional tactical consideration. If the basis for the sexual harassment were say events that can also be alleged in a complaint of intentional infliction of emotional distress, you could file a complaint with the IHRC and a separate complaint in the circuit court for Intentional Infliction of Emotional Distress.

The basis for being able to file this additional complaint is found in a variety of court decisions. In Pavilon v. Kaferly, 561 N.E. 2d 1245, 204 Ill. App. 3d 235 (Ill. App. 1 Dist. 1990), the court held that the tort of Intentional Infliction of Emotional Distress required proof of more than was required for sexual harassment and served a different policy than that served by the Human Rights Act, therefore the claim was not preempted by the Human Rights Act. For this reason one could give consideration to whether there are facts sufficient to file a complaint for trial with the IHRC and also a claim in circuit court for Intentional Infliction of Emotional Distress. Such a claim needs to prove, the conduct involved is truly extreme and outrageous; second, the actor must either intend that his conduct inflict severe emotional distress, or know that there is at least a high probability that his conduct will cause severe emotional distress; lastly, the conduct must in fact cause severe emotional distress.

Former Apple employee Nicole Sutton filed a discrimination lawsuit in the U.S. District Court of Illinois alleging Apple discriminated against her in violation of the Americans With Disabilities Act ("ADA"). The allegations include negative job actions after treatment by a psychiatrist for a nervous disorder, the company keeping her in limbo without duties for several months because of the disability and Sutton being denied a promotion after Apple questioned her mental stability.

The complaint says that she was not mentally ill and she was constructively discharged by Apple’s actions. A constructive discharge occurs when an employee is under such harsh conditions that she must quit and therefore it is treated as a termination by the company if able to be proved. Sutton also claims she suffered humiliation, emotional distress and is seeking $300,000 in damages.

Sutton said "her medical condition was improperly disclosed to Apple store personnel by the company handling her disability claim."

Continue reading "Former Apple Employment Files Lawsuit In Illinois For Disability Discrimination" »

Roben Hall filed a sexual harassment lawsuit against Wal-Mart and it is headed for a trial before the Illinois Human Rights Commission ("IHRC") on February 11, 2011. Hall claims she was subjected to sexual harassment while working as an overnight stocker for Wal-Mart. To make matters worse for Wal-Mart they fired Hall and according to published reports have threatened additional legal action against her if she continues with this lawsuit--claiming she is acting in bad faith.

In this case the sexual harassment alleged was between two women. Any sexual harassment can cause a hostile work environment for all workers not just the one being harassed. Also in Illinois one must first file a complaint with the Illinois Department of Human Rights ("IDHR") before the case ever makes it to the IHRC. Even though the case is scheduled for trial soon, unless a pre-trial statement is filed in advance and neither party files a motion for discovery, the case trial date will only act as a first status hearing and the Judge will set discovery deadlines.

According to Hall, "one manager told her that he didn't have to investigate Hall's complaint because it involved two women."

Dr. Edward Kleiner had a sexual harassment lawsuit filed against him by three former employees who accuse him of perverse transgressions. According to published accounts the three women allege he sexted them, groped them, offered weight-loss tips, exposed his penis, and once brought an inflatable sex doll to the office.

The most unusual allegation was that he instructed a married couple to have sex in the office bathroom to produce sperm for an artificial-insemination procedure on the wife. This goes beyond creepy.

"We heard constant banging against the wall," says Samantha Romanger, a 21-year-old administrative assistant.

Then Kleiner allegedly told Romanger and another administrative assistant, Lauren Schlanger, to join him in the exam room and witness the artificial insemination.

"I refused. I said, 'I don't like this, and I don't think its legal,' " Romanger said. "He said, 'One of you are coming in the room, end of story.' I felt violated. I don't want to hear anyone having sex. And we're the ones who have to clean the office."

Continue reading "Doctor Sued For Sexual Harassment" »

Oh tis the season to be jolly, but don't get too jolly at the Christmas (holiday) party. For some reason otherwise good employees get a little liquor in their system and act like damn fools at the Christmas party. I guess some can't handle their liquor or some just don't care. Remember at a Christmas party, lewd and sexual comments are not okay and can form the basis for a sexual harassment complaint. Probably the most damning thing that people do at these parties is sexually harass their co-worker in front of everyone. Talk about leaving some nice evidence.

It is probably a good idea for the boss to remind people that the rules and conduct apply to parties and also the boss should make sure a limited amount of alcohol is available--if any. My office sees a spike in sexual harassment cases after these types of parties and it always amazes me that a better job isn't done by management in that regard. Remember the conduct at a party can also create a hostile work environment. Complaints about sexual harassment or a hostile work environment can be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC").

My office is seeing an increase in the number of sexual harassment cases in Illinois, particularly in my Chicago office. There may be several reasons for the increase including the downturn in the economy and the pressure employees are feeling to go along with whatever is happening at work or else get fired. Because more of the sexual harassment takes place face-to-face and without witnesses it be extremely frustrating for those getting harassed. This harassment also creates a hostile work environment and can lead to a person quitting.

In Illinois you can file with the Equal Employment Opportunity Commission ("EEOC") or the Illiniois Department of Human Rights ("IDHR"). I prefer the IDHR as they are required by statute to complete their investigation within one year and seem to be better staffed and focused on investigating the complaint. Remember there are very strict time limits for filing and it is very important to contact my office at once to review the facts of your case.

A McDonald's franchise pays an female ex-employee $15,000 to resolve her sexual harassment lawsuit which also included a charge of retaliation. Published accounts claim that cashier Gladys Rivera was subjected to consistent sexual harassment by a male co-worker for several months. She claims that a supervisor and restaurant manager knew of the sexual harassment and did nothing to stop it. She kept complaining about the sexual harassment and was terminated because she would not stop complaining. This is called retaliation.

Rivera also alleged the same co-worker slapped her on the backside and said Rivera looks good. Although McDonalds denied that Rivera was sexually harassed, several witnesses interviewed by the human rights division supported Rivera's version of events. I suspect that the additional witnesses are what caused the company to settle the case. In Illinois you can file a claim of sexual harassment with the Illinois Department of Human Rights ("IDHR") and they will cross-file with the Equal Employment Opportunity Commission ("EEOC").

Rivera alleged that a co-worker, Edwin Andujar of Newark, invited her to get together in private and "see how much of a man I am."

Cheryl Lockard is awarded $63,045 in her sexual harassment and retaliation case against the Rev. Keith Jones and the First Baptist Church of Canton Illinois. The Illinois Human Rights Commission declined further review of a matter in which administrative law judge Michael Robinson ruled in favor of Lockard and issued the award. Lockard is a former employee of the church and claims she was sexually harassed by Jones and once she reported the sexual harassment the church engaged in retaliation and fired her.

The church appealled the decision by Judge Robinson with the Illinois Human Rights Commission and the Commission upheld Judge Robinson's order. Along with paying Lockard $63,045 the Church and Jones must also pay her attorney fees, issue a neutral job reference letter and clear her work record. It is unusual to file an appeal with the Illinois Human Rights Commission because of the cost involved (in legal fees) and the narrow avenue for having the Judge's ruling overturned.

Continue reading "Illinois Church Ordered To Pay $63,045 In Sexual Harassment Case" »

Mary Clark a former Moline Public Library worker settled her retaliation lawsuit with the city of Moline for $1 million. According to published reports Clark who worked for the library for 24-years, claimed Leslie Kee a retired library director fired her in retaliation for complaints she made against the director. It all started back in 2008 when Clark complained to the library board alleging Kee was creating a hostile work environment, and acting in a vulgar and offensive manner. The lawsuit claimed that Kee and the City of Moline were discriminating based on sexual harassment, racial discrimination and national origin. In cases like this it is not unusual to have multiple claims of discrimination. She is basically saying I complained about all these types of behavior and as a result I was retaliated against by being fired.

After the complaint to the board Kee was reprimanded for her behavior and one month later, Kee recommended to the library board that Clark’s position be eliminated to save money. Clark was fired and based on the close proximity to her complaint, one could see the retaliation. The city was fighting the lawsuit but statements began to emerge that hurt the city's case and they decided to settle. You can see how important it is to have documents that are favorable to your case. In this case, a million dollar settlement was reached because of the documents.

“The city and insurance company were surprised and disappointed by the content of those statements,” city officials said.

Continue reading "Former Moline Illinois Public Library Worker Gets $1 Million for Retaliation Lawsuit" »

A Rockford Illinois federal court jury found in favor of pipefitter Otto May and ordered Chrysler to pay $4.2 million to the 60-year-old. According to court testimony May endured years of harassment based on his national origin. The harassment included hateful graffiti and death threats over his Jewish and Cuban-American ethnicity. Additionally, May had his tires shredded in the parking lot by co-workers as part of the ongoing harassment. He was even denied the same overtime opportunities as other similarly situated employees.

The jury listened to the evidence for a week and awarded May $709,000 in compensatory damages and $3.5 million in punitive damages. It is nice to see someone stand up and fight back when they are being discriminated against at work. This type of discrimination at work creates a hostile work environment and makes it difficult to function.

Mr. May showed extraordinary courage and determination which paid off in the end. This case should act as a warning to companies who refuse to protect workers when they are being subjected to harassment of any kind. Congratulations Mr. May.

"I'm glad the jury believed me," said May

Continue reading "Chrysler Pipefitter Awarded $4.2 Million In National Origin Discrimination Lawsuit" »

In Illinois it is better to file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR") rather than the Equal Employment Opportunity Commission ("EEOC"). The reason is because the Illinois Supreme Court held that the plain language of section 2-102 (d) of the Illinois Human Rights Act imposes strict liability on employers for the hostile environment sexual harassment of employees by supervisory employees. The strict liability applies even if the supervisor has no authority to affect the terms and conditions of the employee's employment.

The Court held that it is not unfair to hold employers responsible for sexual harassment by supervisory employees because not only are supervisors the public face of the employer, but employers are in the best position to train supervisors and make them aware of the laws prohibiting sexual harassment. If you file a complaint with the EEOC, federal law will apply and you will be held to the standards of Title VII of the Civil Rights Act of 1964. It is a much better approach to file with the IDHR and have more employee friendly standards.

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I get questions all the time on whether to file a complaint for sexual harassment with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). I believe there are great advantages in filing with the IDHR for certain cases and advantages for filing with the EEOC on others. First, in cases that large verdicts or settlements are unlikely due to the facts of the case, I file with the IDHR. The reason is the IDHR does a faster and more thorough job of investigating cases and bringing the case to the point where it will either settle or get set for a hearing with the Illinois Human Rights Commission.

The EEOC on the other hand does a poor job of investigating charges of sexual harassment or other forms of discrimination and in my experience it takes years for them to work the file. The advantage of filing with the EEOC is if you plan on asking for a right to sue letter and filing a lawsuit in federal court. I would only do this with the cases with the best facts. As an aside when you file with the IDHR they automatically cross-file with the EEOC. The bottom line is each case has to be evaluated on its' own merits and a determination made based on the facts of the case.

Female police officer Jennifer Gentile settles her sexual harassment lawsuit for $100,000. According to published accounts, Gentile claims she was subjected to repeated and degrading sexual harassment after she moved from the day shift to the night shift. She claims it continued after a move to the detective bureau. Gentile said officers made commnets about her breasts and one manager even said he wanted to get in her pants.

Gentile went to great lengths to avoid coming into contact with co-workers who were sexually harassing her. She eventually asked to be moved to a different shift so she could avoid being around these men. The city did not take effective steps to stop the harassment after it was reported to top management. Now that the taxpayers have to pay this large amount I am sure management wishes it stopped the sexual harassment. In Illinois a case like this would be first filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC").

A police dispatcher told her he would like to "bend her over."

The only thing worst than being subjected to sexual harassment and retaliation for either reporting the sexual harassment or rejected the advances is to not be able to prove your case and therefore be left holding the bag. It is very important to have either a witness or a tangile piece of evidence that will support your allegation. I won't spend much time on the witness because if you have one, that person can speak to what happened. One thing I would say about witnesses in general are that sometimes they are reluctant to come forward because they fear for their job. The point is, sometimes you think you have witnesses but when it comes right down to it, you won't.

The next best evidence are the words from the harasser. The best way to get his words are if he leaves a voice message or is he sends you a text or email. Remember in Illinois you can't record someone without their permission. On the other hand if the person leaves a voice message, he is consenting by leaving the message so saving his message is legal and you can utilize this at trial. If your harasser sends you a text message save it and get in touch with an attorney early on so he can show you how to properly save the text message for use later on. Your case will first be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC") and 90% of all cases settle so there is a good chance you will never have a trial.

Continue reading "Proving Your Sexual Harassment Lawsuit" »

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.

My website lasorsalaw.com generates many inquires about sexual harassment cases in Illinois and throughout the country. Even though I have videos on the website to walk people through the steps of filing a lawsuit or complaint regarding sexual harassment, people still have many of the same questions. I hope to answer a few here with this general post. The first decision a person must make is whether to file a complaint of sexual harassment with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). With the IDHR, a person has 180 days from the date of the last sexual harassment to file a complaint, with the EEOC the person has 300 days to file a complaint of sexual harassment.

Another factor to consider is whether or not you wish to file a lawsuit in state court, federal court or have an administrative law judge at the Illinois Human Rights Commission ("IHRC") decide your case. Having the IHRC decide the case is the least expensive but may take the longest. Federal court is the quickest route to take but it is also the most difficult, expensive and employment law on the federal level favors employers in my opinion. It is important to discuss all options with attorney Peter LaSorsa and see which one works best for your situation. Sometimes the amount of time since the last date of sexual harassment will dictate which way to proceed. For example if you wait 200 days to contact my office, we will have no choice but to file with the EEOC.

Continue reading "Filing A Sexual Harassment Complaint With The Illinois Department of Human Rights" »

Colleen Vesper filed a sexual harassment lawsuit against Gary Moore and the Illinois Thoroughbred Breeders and Owners Foundation. According to the lawsuit Moore and the Foundation made Vesper work in a hostile work environment after she refused Moore's sexual and romantic advances. Vesper had been the business manager of Fairmount Park until she lost her job last year. She claims the underlying sexual harassment issue led to the loss of her employment.

Prior to filing a lawsuit in either federal or state court, a person must first file a complaint with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). It is nice to see people stand up and take a position and not let their bosses push them around. We wish Colleen Vesper the best.

Former Kendall County Illinois Sheriff's Department worker Lisa Easi will receive $188,000 to settle her sexual harassment lawsuit against Terry Tichava, the chief deputy in the Kendall County Sheriff's Department. Easi was a twenty year veteran of the department and was Tichava's secretary at the time she was fired.

This case was getting closer to trial and many times the defendant will start to look at the total amount it may have to pay if it losses at trial. Sexual Harassment lawsuits because of their emotional nature can produce large awards. Many times a defendant is not willing to risk the details of all the testimony coming out and the potential of a large jury verdict. With a settlement amount this large, the testimony must have been damaging and there was obviously something of substance to this lawsuit.

In Illinois before you file a sexual harassment lawsuit in fedearl court you must first file a claim of discrimination which includes sexual harassment with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). If you file with the IDHR they will automatically file with the EEOC.

Two employees of the Elmburst Holiday Inn filed sexual orientation discrimination complaints with the Equal Employment Opportunity Commission ("EEOC") and Illinois Department of Human Rights ("IDHR"). According to public documents in the case, both men received comments from their manager based on their sexual orientation.

Apparently the manager in question is no longer working for the company but that doesn't help the two men. In Illinois complaints of discrimination are filed with either the EEOC or IDHR and if filed with the IDHR, they are cross-filed by that agency automatically with the EEOC. The amount of damages that can be awarded by the IDHR (acutally the Human Rights Commission) are lost back wages, future lost wages, medical expenses, emotional distress, attorney fees and you can ask for reinstatement if you no longer work there.

According to the Equal Employment Opportunity Commission ("EEOC") the number of discrimination complaints filed with them related to depression, anxiety and other psychiatric disorders almost doubled between 2005 and 2009. These claims would be filed under the Americans with Disabilities Act ("ADA"). These claims can be tough to prove because the person filing the claim must prove their disability substantially impairs their life and that the accommodation they are requesting does not cause an undue burden on the employer. Nationwide in 2009 3,837 ADA complaints were filed. There have been positive court rulings recently that have helped people who file claims under this form of discrimination.

In Illinois aside from filing a claim with the EEOC for ADA discrimination, an employee can also file a claim with the Illinois Department of Human Rights ("IDHR"). The IDHR is tasked with investigating discrimination and in this type of case ADA discrimination would most likely violate
Article 5 of the Human Rights Act ("HRA") which prohibits discrimination in public accommodations on the basis of disability. There are many advantages with filing with the IDHR as opposed to the EEOC. I prefer state court and the IDHR investigates charges in a timely fashion as opposed to the EEOC.

A lawsuit against Rend Lake College was dismissed by a federal judge because the plaintiff Salah Shakir was not able to provide evidence of unlawful activity by the Illinois community college. Shakir claimed discrimination based on national origin by an administrator who retaliated against Shakir because of his Muslim religion and Iraqi roots. The allegation included trying to ensure he would not be able to head the school.

In order to prevail in a lawsuit alleging nation origin discrimination, one would have to prove that but for the fact of the country of origin, the person would have either gotten a promotion, not been fired, or received a raise. If there are other non-discriminatory reasons why the negative job action or lack of positive job action took place, then the plaintiff will not be able to prove the case and it will most likely be dismissed.

“The board constantly strives to ensure that Rend Lake College is welcome to both employees and students of all backgrounds and cultures,” said the school’s attorney, Julie Bruch.

Continue reading "National Origin Discrimination Lawsuit Against Rend Lake College Dismissed" »

In Illinois if a person believes they have been subjected to sexual harassment then can file a complaint with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). The following case illustrates one reason why I prefer to file a case with the IDHR as opposed to the EEOC. A federal judge ordered the EEOC to pay $4.56 million in attorneys' fees and expenses to a CRST after dismissing the EEOCs sexual harassment lawsuit. The EEOC filed a sexual harassment lawsuit against CRST on behalf of 270 female drivers. The drivers claim that CRST created a hostile work environment.

The problem for the EEOC was that a Judge ruled against the EEOC and in favor of CRST in a motion for summary judgment thereby dismissing the sexual harassment lawsuit. In federal court, a Judge can award attorney fees to a defendant who wins their motion for summary judgement thereby increasing the risk of litigation for a plaintiff. Another words, if you file a sexual harassment lawsuit in federal court and it is dismissed prior to a jury trial, a Judge could make you pay the attorney fees of the defendant, which in this case were a little more than $4.5 million.

Victims of sexual harassment should consider this ruling before deciding to undertake a lawsuit in federal court because of the potential for paying the attorney fees of the defendant. In Chicago average attorney fees for employment lawyers defending companies can range from $250-$850 per hour.

"The EEOC believes the court's decisions in the case were wrongfully decided and the agency will be appealing," said EEOC Deputy General Counsel James Lee.

The United States Court of Appeals for the Seventh Circuit held that a complaint filed with the Equal Employment Opportunity Commission ("EEOC") can be faxed instead of filed in person or through the mail. If you have a charge of discrimination, whether based on gender, race, religion or sexual harassment you have to file the charge within 180 with the Illinois Department of Human Rights ("IDHR") or 300 days with the EEOC. The IDHR has always allowed for complaints to be filed by fax but the EEOC never recognized fax filings. In Laouini v. CLM Freight Lines, Inc. the Seventh Circuit held that a receipt showing a fax was sent to the EEOC is sufficient to prove the date of filing.

It is always very important to remember that there are very strict time limits to filing a charge of discrimination. You must not procrastonate and let too much time slip away. In some instances an employer may drag out the internal investigation so that by the time you receive the internal findings of the company, more than 180 days has passed and you can't file a charge with the IDHR.

Continue reading "EEOC Complaints Can Be Faxed" »

Bill Heard Chevrolet Corp. will pay $110,000 to settle a sexual harassment lawsuit. According to court documents the Equal Employment Opportunity Commission ("EEOC") alleged management and workers made crude remarks about women's bodies, grabbed at one female employees breasts, persistently solicited females for sexual favors and sexually assaulted at least one female employee. When the women cmplained to management in an effort to stop the sexual harassment, the females were either demoted, disciplined or fired--all forms of retaliation.

The lawsuit also alleges that management told some female employees that women should not be in the auto business. This type of behavior is not acceptable and the females stood up for themselves and made management pay. It is very important to document behavior like this and to contact an employment attorney who can file a complaint on your behalf with either the EEOC or in Illinois, the Illinois Department of Human Rights ("IDHR"). The IDHR will cross-file with the EEOC but by law only one agency will take the lead in investigating the complaint.

“The women in this case sought to earn a living selling cars and rightfully expected to do so while being treated with dignity and respect,” said Anna Park, regional attorney for the EEOC.”

Continue reading "Chevrolet Car Dealer Settles Sexual Harassment Lawsuit With EEOC For $110,000" »

The Equal Employment Opportunity Commission ("EEOC") settled a retaliation lawsuit with Rock Concrete Construc­tion Corporation for $31,000. In addition Rock Concrete Construction will also provide workers with discrimination training and allow employees access to a company hotline for reporting work place discrimination. The basis of the lawsuit was the company stopped providing work to Eric Bufkin who filed a charge of discrimination with the EEOC.

Details of the lawsuit include Eric Bufkin’s filing a charge of discrimination against a company that Rock Concrete Construction did a good deal of work with. When Rock Concrete Construction found out, they asked Bufkin to drop his charge and told him that if he did not it would impact him in a negative way. Bufkin refused to drop the charge of discrimination he filed with the EEOC and Rock Concrete stopping providing work for him. What Rock Concrete Construction engage in was retaliation. Retaliation occurs when a company threatens you with a negative job action if you file a charge of discrimination or if you won't submit to their demands and drop a charge of discrimination.

“Employers are simply not entitled to punish employees for complaining about discrim­ination,” said Laurie A. Young, regional attorney for the EEOC’s Indianapolis District Office.

Continue reading "EEOC Settles Retaliation Lawsuit With Rock Concrete Construction For $31,000" »

Aaron Rental Inc. which operates more than 1500 stores nationwide settled a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC").
According to the lawsuit a general manager of Aaron’s Fairview Heights, Illinois store made sexually explicit comments to a female employer. The young female employee was also solicited for sex on a regular basis by the general manager. The EEOC would not disclose the amount of the settlement which also provides what is known as remedial relief. Remedial relief usually includes training for management and the establishment of a hotline for reporting discrimination.

Also alleged by the EEOC is the manager repeatedly attempted to force the female employee to have sex with him and that the sexual harassment culminated when he assaulted her in the store’s warehouse. Many times older members of management prey upon young female workers because they believe the young workers will not know how to respond to the sexual harassment or will be too afraid to report it. Warehouses are usually isolated and there may not be witnesses around so they could become dangerous places. It is very important to let management know as soon as possible that you are being sexually harassed and seek the advice of an experienced sexual harassment attorney.

Continue reading "Aaron Rentals Settles Sexual Harassment Lawsuit With EEOC" »

Allstate Insurance company settled an age discrimination lawsuit the the Equal Employment Opportunity Commission ('EEOC") for $4,500,000. The lawsuit was filed by the EEOC on behalf of 90 claimants. The EEOC alleged that Allstate violated the Age Discrimination in Employment Act ("ADEA"). Allstate which is based in Illinois is said to have treated a class of older workers negatively during a companywide reorganization. In particular Allstate adopted a plan called Preparing For The Future Reorganization Program. The program was part of Allstate’s reorganization from employee agents to what the company considered independent contractors. That program had a disproportionate impact on employees over the age of 40 because more than 90 percent of the agents subjected to the hiring moratorium were 40 years of age or older.

Of course Allstate denied that its hiring moratorium violated the ADEA, however the $4.5 million dollar settlement says different. Companies cannot institute policies that disproportionately affect older workers. There are many reasons why companies would like to get rid of older workers, namely they can pay younger workers less money, and younger workers are less likely to have large medical bills. Also, younger workers are less likely to challenge the policies of a company.

“We at the EEOC are now bringing more and more lawsuits like this one to challenge company-wide policies or practices which discriminate against a large number of workers,” said EEOC Acting Chairman Stuart J. Ishimaru. “Make no mistake: As this settlement shows, we will insist on significant compensation and meaningful injunctive relief to resolve these cases.”

Continue reading "Allstate Pays $4.5 Million To Settle Age Discrimination Lawsuit" »

Six women who claim they were sexually harassed by Barry Stauffer, a former security guard for Lafayette College settled their sexual harassment lawsuit for $1.2 million. According to the terms of the settlement each women will receive $200,000. All of the women allege they Stauffer grabbed the women's breasts and buttocks, looked inside their shirts, rubbed their shoulders and tried to kiss them. The women also allege Stauffer made sexually lewd comments and sent his co-workers sexually explicit material and pornography by e-mail.

This type of behavior is not acceptable in the work place and more and more of this seems to be taking place in colleges. This case was brought by the Equal Employment Opportunity Commission ("EEOC") on behalf of the six women. The EEOC investigates claims of sexual harassment and other forms of discrimination. In Illinois a person who believes they are the victim of sexual harassment can file with the EEOC or the Illinois Department of Human Rights ("IDHR"). Both agencies have the same role, with the EEOC being on the federal level and the IDHR the state level. I prefer to file with the IDHR and have them cross-file with the EEOC.

“In this case, we took immediate action, in accordance with our published procedures, in response to any complaint of sexual harassment that was received. The College has a zero-tolerance policy with respect to sexual harassment" said Roger Clow Lafayette College Spokesman.

Continue reading "Lafayette College Settles Sexual Harassment Lawsuit for $1.2 Million" »

22 female teachers who claimed in a federal lawsuit that they were the victims of gender discrimination settled their lawsuit for a total of about $1 million. $460,000 will go to the teacher and the remainded will cover attorney fees and costs. According to the lawsuit, the female teachers claimed that they were not treated the same as their male counterparts for things like prior teaching experience outside the district which resulted in lower wages.

The teachers are located in the Richland school district in Pennsylvania. This type of behavior is a violation of the Civil Rights Act of 1964 and in Illinois a charge could be brought before the Illinois Department of Human Rights ("IDHR.")These types of cases are expensive because discovery is usually need to determine things like the difference in pay between females and males. The good thing about a case like this however is that it is hard to destroy evidence of discrimination because the pay records are things which can't be destroyed and covered up.

A woman, named Jane Doe to protect her identity, sued the University of Nebraska alleging she was fired because she is a witch. In her religious discrimination lawsuit she alleges she was hired directing the youth program and did her job satisfactory but an associate dean terminated her after learning she was a witch. The University agreed to settle the lawsuit for $40,000 without admitting liability. This type of discrimination violates an employees constitutional rights.

The case was fired filed with the Nebraska Equal Opportunity Commission ("NEOC") which is similar in Illinois to the Illinois Department of Human Rights ("IDHR"). Jane Doe alleged the University of Nebraska violated her free speech and freedom of expression rights as well as her freedom to practice the religion of her choice. The NEOC found reasonable cause to believe religious discrimination had taken place in this case.

Continue reading "University of Nebraska Woman Fired For Being A Witch Turns Broom on School and Receives $40,000" »

Massey Energy and its subsidiary Spartan Mining Company settled a lawsuit alleging age discrimination for $8.75 million. The lawsuit was a class action led by five minors who alleged that Massey failed to hire workers over 40 years old in violation of the West Virginia Human Rights Act. In all the lawsuit involved more than 200 job applicants. Under the terms of the settlement, 82 miners will each receive $38,000 in back pay and general compensatory damages with 141 job applicants each receiving $19,000.

In Illinois charges of age discrimination can be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). I file charges with both agencies but prefer to file with the IDHR because I believe the state investigates better and in a more timely fashion. Many times a company that engages in this type of behavior does it on a large scale.

Continue reading "Massey Energy Pays $8.75 Million To Settle Age Discrimination Lawsuit" »

Kathy Rogers and Lisa Theberge who are two female firefighters filed a lawsuit against Westbrook's fire department, mayor and city administrator, claiming they failed to address sexual harassment that was documented in complaints to the Maine Human Rights Commission ("MHRC"). The MHRC is similar to the Illinois Department of Human Rights ("IDHR") and is where I file most of my sexual harassment complaints. Both women are on paid administrative leave and are alleging obscene sexual harassment and discriminatory behavior in their lawsuit.

According to the allegations in the lawsuit several male firefighters, including the deputy chief, lieutenants and captains, engaged in incidents ranging from masturbation and pornography at the station to a sexual affair and sex at a fire department gathering. In one particular instance it is alleged that the deputy chief once approached Theberge and began stroking her hair. He was put on unpaid administrative leave for two weeks and, the lawsuit says, ''allowed to take it a day each week for his convenience.'' Some male firefighters groped female victims in the rescue vehicle and bragged about it afterwards. They were put on unpaid administrative leave for two weeks, discipline that Webber, one of the attorney's for the two firefighters called ''disproportionate to their conduct.''

''Sexual harassment is alive and well in the city of Westbrook at a level that's shocking to imagine,'' Webber said.

Continue reading "Firefighters File Sexual Harassment Lawsuit" »

Melvine Davis filed a charge of sexual harassment against her former employer, the House of Gyros, Inc., with the Decatur Human Relations Commission in 2007. In many towns you can file a complaint with the local commission as opposed to the Illinois Department of Human Rights ("

The House of Gyros appealed the decision to the Macon County Circuit Court seeking a reversal of the Commission’s decision which the Judge did. That decision was appealed and the Illinois Appellate Court reversed the Circuit Court and reinstated the $17,400 award by the City’s Human Relations Commission.

“Our only goal with this case was to see that justice was served and we believe that it was,” said Barthelemy.

Continue reading "House Of Gyros Ordered to Pay $17,400 In Sexual Harassment Case" »

Tomayo Financial Services, based in Chicago Illinois was sued by the Equal Employment Opportunity Commission ("EEOC") for sexual harassment and retaliation. Tomayo has four offices in Chicago and is a mortgage lending organization. According to the lawsuit female employees were sexually harassed and subjected to retaliation when they complained about the sexual harassment.

The EEOC claims numerous men employed at Tomayo, including executives, were part of continuous and widespread sexual harassment of women. The men referred to women with sexual epithets, engaged in threatening physical and verbal sexual conduct. The women reported the sexual harassment but nothing was done by Tomayo to stop the conduct and it only increased.

John Hendrickson, EEOC regional attorney for the Chicago District, said, “It does not matter what industry is involved—whether it’s automobiles, household products, mortgages—sexual harassment and retaliation are non-starters from both a business and a legal perspective.

Continue reading "Chicago's Tomayo Financial Services Sued For Sexual Harassment" »

The Illinois Human Rights Act ("IHRA") also known as, 775 ILCS 5/1-101 will now offer protection to individuals who have an order of protection. Starting at the first of the year it will be considered unlawful discrimination, based on order of protection status, to take any negative job action on an individual if they have an order of protection and there is no legitimate business reason for the negative job action.

This new law adds order of protection status to the current protected classifications of religion, age, race, national origin, gender, marital status, disability, sexual orientation, military status, and unfavorable discharge from military service. The initial charge would be filed with the Illinois Department of Human Rights in either Chicago or Springfield.

Continue reading "New Illinois Law Takes Affect January 1, 2010 Adding Additional Discrimination Protections" »

Four female doctors alleged sexual harassment by Medical Superintendent Dr. Vinod Kumar of Gandhi Nagar Hospital. Some inside the hospital believe the sexual harassment complaint was filed because the hospital and in particular Dr. Kumar have been very strict with the doctors regarding employment issues. To date not many facts have been alleged and both sides seem to be keeping tight lipped.

In Illinois allegations of sexual harassment must be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). The complaint must be filed within 180 days and 300 days respectively. It is very important to speak with an attorney early to make sure you don't miss those important periods.

“We don’t believe that Dr Vinod can do such an act” an old female employee of the Hospital on the condition of anonymity.

Continue reading "Four Female Doctors Sue Hospital For Sexual Harassment" »

Under the Illinois Human Rights Act 775 ILCS 5/2-102(D)), sexual harassment in Illinois is any unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature is sexual harassment when:
1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2) submission to or rejection of such conduct by an individual is used as a basis for an employment decision affecting such individual; or
3) such conduct has the purpose or effect of unreasonably interfering with the employee’s work performance or creating an intimidating, hostile, or offensive working environment.

There are two basic types of sexual harassment: Hostile Work Environment and Quid Pro Quo.

A hostile work environment is created when unwelcome sexual advances, requests for sexual favors, or other type of conduct of a sexual nature that is intimidating, offensive or hostile substantially interferes with a person’s work performance. Examples of hostile environment sexual harassment, include, but are not limited to: unwanted deliberate or repeated sexual behavior; sexually suggestive objects, signs, or pictures; unwelcome sexual gestures, touching, or pinching; sexual innuendos or stories; unwelcome hugging, kissing, patting, or stroking; unwelcome sexual teasing, telephone calls, or materials of a sexual nature.

Quid pro quo means “something for something”. Quid pro quo sexual harassment occurs when submission to unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature is made, explicitly or implicitly, a condition of employment or promotion. Examples of quid pro quo sexual harassment include, but are not limited to: suggesting to an individual that it is possible to be hired, promoted, or be advanced in the job if that person allows sexual favors; asking a person to submit to unwelcome sexual advances or requests for sexual favors as a condition of hiring, promotion, or advancement in the job; denying hire, promotion, or advancement in the job because the person has refused dates, sexual advances, or requests for sexual favors.

The Flordia State Attorney’s Office settled three sexual harassment lawsuits for $75,000 each for a total of $225,000. The three women, Brenda Keys, Gena Duncan and Barbara Chase alleged that former State Attorney Steve Meadows sexually harassed and retaliated against them because of their complaints. Meadows is no longer the State's attorney as he was defeated in last Novembers election.

Keys’ and Duncan’s claims were investigated by the Florda State Human Relations Commission ("FSHRC") last year, which found evidence to support their allegations and cleared the way for the lawsuits to be filed. The commission’s investigative report mentioned Chase, which allowed her to also file her own lawsuit. The FSHRC is analagous to the Illinois Department of Human Rights ("IDHR") in that it investigates claims of employment discrimination and determines if there is substantial evidence to allow the employee to file with either the state court or Illinois Human Rights Commission for trial.

“We looked at the individual claims, the HRC report and things we learned as we were investigating these claims,” Hess said. “We felt that the claim of a sexually oppressive workplace was going to be difficult to defend. We reached a settlement that we felt was fair to those women in the harassment claims and which we could live with.”

Continue reading "Florida Settles Three Sexual Harassment Lawsuits For $225,000" »

Laura Valenziano an 18 year employee of United Healtcare filed a complaint with the Illinois Department of Human Rights ("IDHR") against United Healtcare alleging they discriminated against her based on her sexual orientation and also that they retaliated against her for reporting the discriminatory conduct of her manager. It all started when Valenziano received a new manager and met the manager in person. The new manager began to make inquiries into Valenziano's personal life and ask about her female partner. After these non-job related inquires, Valenziano began to be treated different.

As reported in the Windy City Times, "within two weeks of the performance review, Valenziano was put on corrective action, which meant that she had 30 days to improve whatever had been listed on her evaluation as poor or she faced termination. The mention of a demotion was removed from the copy of the evaluation she received after protesting the corrective action." This is usually how discrimination in the workplace happens. The manager will start to put the employee on some sort of "corrective action" or "improvement plan", shortly after the employee complains about discriminatory conduct.

“It was one of the worst performance evaluations I've ever had. Along with that I received the largest bonus I've ever received,” said Valenziano. “The evaluation mentioned my devotion to the job.”

Continue reading "United Healthcare Sued For Sexual Orientation Discrimination" »

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" »

I recently came across a sexual harassment case involving a multi-international company who does business in Illinois. The Illinois employee was required to sign various documents as part of the employment process, including a document whereby the employee was giving up her rights to file a charge with the Equal Employment Opportunity Commission ("EEOC") and Illinois Department of Human Rights ("IDHR") and instead agreeing to go through mediation with some third party. Of course the employee did not have an opportunity to negotiate this issue and in fact it was a "take it" or "leave it" approach by the company. Either sign all the documents in front of you or work somewhere else.

I believe this policy is unconstitutional, in clear violation of both state and federal law and may afford employees of this company additional causes of action against the corporation including fraud, violation of 740 ILCS 23 the Illinois Civil Rights Act of 2003, and violation of the Human Rights Act and Title VII of the Civil Rights Act of 1964 among others.

For example in Illinois the five elements of fraud are:

1. A material misrepresentation of a presently exisiting or past fact;
2. Knowledge by the defendant of its falsity or a reckless disregard as to whether it is true or false;
3. Intention that the other person rely on the statement;
4. Justifiable or reasonable reliance thereon by the other person; and
5. Resulting damage.

Clearly, subjecting an employee to sign away his/her rights is a misrepresentation and against the public policy of Illinois. If you have been forced to sign such an agreement you may have a remedy against your employer.

The Illinois Supreme Court in Blount v. Stroud, 2009 WL 153862 ( Ill Sup Ct. 2009), rules the Illinois Human Rights Act does not stop a party from filing an employment or civil rights action in state court. The Court held that the Department of Human Rights and the Illinois Human Rights Commission only administer the Illinois Human Rights Act not federal law. The case involved Jerri Blout who filed a multi-count complaint in Cook County alleging retaliation under 42 USC Section 1981 and a common law claim of retaliation. The gist of her claim was that her employer wanted her to perjure herself in a discrimination case they were involved in and when she would not, she was fired. A jury awarded her $3 million plu $1 million in attorney fees and costs.

This case is good for plaintiffs as it gives one more arrow in their quiver against employers who discriminate against them and subject them to retaliation and other forms of discrimination.

Blount's lead attorney Robin Potter said " this case is monumental, particularly given the 2007 amendments to the Illinois Human Rights Act that now permits those claims to be adjudicated in state court."

The Illinois Supreme Court held in Blount v. Stroud, 2009 WL 153862 (Ill Sup Ct. 2009) that the Illinois Human Rights Act ("Act") doesn't preclude employees who file a claim under the Human Rights Act from bringing other claims based on common law, or federal statutes in state court.

Background

Jerri Blount filed a multicount complaint in Cook County Circuit Court against her former employer Jovon Broadcasting Corporation and the owner and general manager. The two counts of interest to his analysis were her common law retaliatory discharge and retaliation under 42 USC Section 1981. The defendant filed a motion to dismiss claiming the Act precluded her from filing in the circuit court. The court rejected the motion to dismiss and she was ultimately awarded over $3 million dollars by a jury. The appellate court reversed holding the Act deprives Illinois Courts of subject matter jurisdiction. The Illinois Supreme Court heard the case and ruled that whether facts giving rise to a civil rights violation as defined under state law might also give rise to a civil rights violation under definitions found in federal statutes was not relevant and Blount had a right to pursue her claim under federal law in state circuit court.

Stephanie Chiafos, a former employee of St. Paul restaurant supplier Restaurant Depot has accused two of her former supervisors of sexual harassment in an eleven page lawsuit filed in federal court. The lawsuit alleges that when one supervisor, John Ruhulessin was fired after having a number of complaints made against him by female employees, the man who temporarily replaced him , Tommie Brown continued the sexual harassment. Chiafos alleges the replacement supervisor even sexually assaulted her while on the job.

According to the lawsuit, the company did not take the accusations being made against the first supervisor serious until Chiafos hired an attorney. The lawsuit was filed under Title VII of the Civil Rights Act of 1964, the Minnesota Human Rights Act and based on negligent supervision and retention. The Minnesota Human Rights Act is analogous to the Illinois Human Rights Act.

The lawsuit alleges that Brown put his hand down the front of Chiafos's shirt, touched her breasts, and made propositions for oral sex. In fact, according to the lawsuit, on the day Brown fired Ruhulessin for his inappropriate sexual comments, Brown told Chiafos

"blow him for lunch" because he had a bad headache from having to fire Ruhulessin.

A complete copy of the lawsuit is available by clicking on 09-cv-00499

Continue reading "Sexual Harassment Lawsuit Filed Against Restaurant Depot" »

According to the lawsuit Captain Ed Murray, 63, sent an explicit text to 29-year-old Rachel Quinn after they travelled together on a business trip. Quinn said she was reading a book in her hotel when she received the message in which Murray said:

"I cannot wait for you to go down on me."

Quinn said she was unfairly fired from her job with the private charter jet company Gama and that she had been a victim of sexual harassment and retaliation. Tribunal chairman Keith Bryant rejected both of Quinn's claims saying the court could not consider the sexual harassment claim because it had been made more than three months after the alleged incidents.

This was a United Kingdom case, in Illinois an employee has 180 days to file a sexual harassment complaint with the Illinois Department of Human Rights or 300 days to file a complaint with the Equal Employment Opportunity Commission. As you can see from the case above, waiting too long can be fatal to a good case.

The Illinois Department of Human Rights ("IDHR") act that bans sexual-orientation and gender-identity discrimination went into effect three years ago and here is an update on the act. According to the Director of IDHR Rocco Claps, a snapshot of fiscal year ‘09 ( from July ‘08 to today ) , shows there have been 89 sexual-orientation charges and, of those, 11 are related to gender identity, 2 based on bisexual, 67 on homosexualality, 2 on heterosexuality and 3 based on perceived orientation.

In Illinois, the IDHR investigates charges of sexual harassment, as well as sexual-orientation. Known as Public Act 093-1078 the new act makes it is unlawful in Illinois to discrimination on the basis of sex, age, race, gender, sexual harassment, sexual orientation, and religion. The other basis of discrimination besides employment include real-estate transactions; public accommodations; sexual harassment in higher education; and financial credit.

Continue reading "Illinois Human Rights Act Amendment That Bans Sexual-Orientation and Gender-Identity Discrimination: Three Years Later" »

A former Ambassador East Hotel worker Juana Sallis ("Sallis") filed a complaint against Defendant Portfolio Ambassador East, LLC, ("Portfolio"), owner of the Ambassador Hotel in Chicago, under Title VII of the Civil Rights Act of 1964, alleging that she was subjected to a hostile work environment while employed at the Ambassador East Hotel in Chicago when she was sexually harassed by two supervisors in violation of 42 U.S.C. § 2000e-2(a)(1); and that Portfolio discharged her in violation of the anti-retaliation provisions of 42 U.S.C. § 2000e-3 because she complained about the sexual harassment.

According to her complaint Sallis was employed as a housekeeper at the Ambassador East Hotel in Chicago, Illinois, since May 3, 2000, and had satisfactorily performed the duties of her job. On November 23, 2005, Sallis was notified by a co-worker that another employee, Larry Cason, accused her of engaging in sexual acts with him. Sallis reported the incident to human resources director Elvia Munoz. Munoz and other members of the hotel management staff, including general manager Paul Lauritzen and executive housekeeper Bill Smith, "failed to take any action against Cason to have him cease and desist from engaging in his sexually offensive and derogatory behavior. Sallis alleges that as a result her work environment became hostile, egregious, outrageous, and offensive and severely affected her ability to perform the essential duties of her job.

On December 30, 2005, Sallis was discharged from her job as a housekeeper at the Ambassador East Hotel by Paul Lauritizen, Bill Smith, and Portfolio human resources director Linda Noriega. Sallis was told she was being discharged because she left work early on December 23, 2005. Plaintiff did not receive any documentation validating the reason for her discharge. On April 4, 2006, Sallis filed a Charge of Discrimination with the Illinois Department of Human Rights and the U.S. Equal Employment Opportunity Commission ("EEOC"). On March 1, 2007, the EEOC issued a "right to sue" letter authorizing Sallis to sue under Title VII within ninety days. Sallis filed her lawsuit against Portfolio on May 24, 2007 and it is still pending.

Continue reading "Illinois Sexual Harassment Lawsuit Filed Against Ambassador East Hotel in Chicago" »

After a verified answer is received by the Illinois Department of Human Rights ("IDHR"), the investigator from the IDHR will call and schedule a client interview. The interview will either take place at the Thompson Center in Chicago, the Springfield Office or via telephone. The Complainant is allowed to have her attorney present during the client interview although the attorney is there to advise not to answer questions. Having a skilled sexual harassment lawyer present during the interview can mean the difference between a successful and unsuccessful case.

The purpose of the client interview is for the investigator from the IDHR to learn about the case. The investigator wants a first person account of what happened, who witnessed what happened, who if any you reported the harassment to and the location of documents or other witnesses that may help the investigator obtain a complete picture of what took place.

It is important for the complainant and attorney to work together to make sure any names, location of documents or other relevant information are gathered and given to the investigator during the client interview. As the investigator has the ability to require the employer to produce documents and witnesses at the fact-finding conference, it is extremely important to get all of the information to the investigator at or prior to the client interview.

Continue reading "Illinois Department of Human Rights Client Interview" »

Once a charge is filed with the Illinois Department of Human Rights ("IDHR"), and the company is served with the charge and responds a client interview will be conducted. After the interview a fact-finding conference will be conducted by the investigator for the IDHR and will include the

Complainant and her attorney, the Respondent and their attorney and any witnesses that the investigator wishes to invite.

All documents or other non-testimonial evidence submitted by any party in support of their position must be submitted to the investigator prior to the fact finding conference.
At the conference, any party may be accompanied by an attorney, however the attorney is not allowed to ask questions directly as the fact finding conference is not an adversarial proceeding.

The attorney may only advise his client at the proceeding. Investigators however will allow the attorney to write questions and pass them to the investigator. If the investigator deems the question relevant, the investigator may ask it.

As of November 1, 2001, the Illinois Department of Human Rights ("IDHR") has been under a federal-court injuction that among other things, orders the IDHR to "cease permanently from relying on credibility determinations made without affording the rights of confrontation and cross-examination." Cooper v. Salazar, 98 C 2930 U.S. District Court for the Northern District of Illinois at page 26. This case was followed closely by Illinois Sexual Harassment lawyers.

The purpose of the injuction is to deny the Department the ability to assess the credibility of witnesses where there is conflicting testimony. This applies to all witnesses whether they are for the complainant or respondent. In short, if the determination of substantial evidence turns on issues of credibility, the IDHR must make a finding of substantial evidence so the trier of fact may resolve the issue of credibility.

The Illinois Human Rights Act defines substantial evidence as "evidence which a reasonable mind accepts as sufficient to support a particular conclusion and which consists of more than a mere scintilla but may be somewhat less than a preponderance." 775 ILCS 5/7A-102(D)(2).

Conflicting evidence exists when there are statements of a person with material first hand knowledge contradicted by statements of a different person with marerial first hand knowledge; or business records contradicted or oral statements of a person with material first hand knowledge; or business records of one person contradicted by business records of another person.

Continue reading "The Illinois Cooper v. Salazar Injunction: A Relief for Illinois Sexual Harassment Lawyers" »

Since 2001 the Illinois Department of Human Rights ("IDHR")has been under a federal-court injunction that among other things orders the IDHR to "cease permanently from relying on credibility determinations made without affording the rights of confrontation and cross-examination."

Previously, the IDHR would make a finding of lack of substantial evidence based on its' investigation which would include interviewing witnesses during the fact finding conference or interviewing witnesses via telephone. The complainant and their attorney were not allowed to cross examine the witnesses during the fact finding conference and were not even allowed to participate when the investigator interviewed witnesses on the telephone.

In 2001 the United States District Court for the Northern District of Illinois in Cooper v. Salazar, addressed the issue of lack of the ability of complainant to cross examine witnesses and ordered the IDHR to not make credibility of witness determinations. In short, if there is conflicting evidence, the investigator for the IDHR must find substaintial evidence and allow the case to move forward to the Human Rights Commission for trial or with the local circuit court for trial.

Continue reading "Federal-Court Injunction Regarding the Illinois Department of Human Rights" »