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.

A college student at the University of Iowa settled her sexual harassment lawsuit for $130,000. According to published documents, the University settled the case in order to move forward and put this behind them. The professor accused of the sexual harassment, Arthur Miller, committed suicide after being charged criminally in this case. He apparently would ask female students to show their breasts and do other sexual type activity in return for good grades. He seemed to target seniors who would be moving out of state after they graduated. This type of activity is very troubling.

When one of the college students came forward and complained the university tried to sweep the matter under the rug. As is typical in these types of investigations the university offers a nominal amount to settle the case. They initially offered $1,000 to settle the sexual harassment case. Talk about an insult. It is amazing that the university actually offered this low amount. You can see why it is very important to get an attorney involved in this type of case early. Protect your rights if you are a student in school and the victim of sexual harassment. In this case the professor was engaging in retaliation also because he changed the grade of one student from an A to a B after she complained about the sexual harassment.

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.

The Los Angeles City Fire Department pays $494,150 to settle a sexual harassment lawsuit. According to published accounts firefighter Anthony Almeida was sexually harassed and complained to management. After management refused to intervene he went to the Equal Employment Opportunity Commission ("EEOC") who filed a complaint on his behalf. The allegations included deeply offensive comments of a sexual and religious nature. The behavior of the co-workers was very cruel and has no place in the workplace.

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

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

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.

United Insurance Company of America pays $37,500 to settle an Americans With Disability Act ("ADA") lawsuit. The ADA lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after first trying to settle with the company. According to published accounts Craig Burns was a recovering drug addict who was enrolled in a methadone treatment program for many years. In January 2010, United Insurance offered Burns a position as an insurance agent conditioned upon Burns’ passing a drug test.

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

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