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      <title>Illinois Sexual Harassment Attorney Blog</title>
      <link>http://www.illinoissexualharassmentattorneyblog.com/</link>
      <description>Published by Peter M. LaSorsa   </description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
      <lastBuildDate>Sat, 20 Feb 2010 05:02:53 -0600</lastBuildDate>
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         <title>UPS Settles EEOC Lawsuit For $46,000</title>
         <description><![CDATA[<p>UPS Freight agreed to pay $46,000 to settle a <a href="http://www.lasorsalaw.com/lawyer-attorney-1489806.html"target="_blank">religious discrimination </a>lawsuit filed by the Equal Employment Opportunity Commission ("<a href="http://EEOC.gov"target="_blank">EEOC</a>") on behalf of a Rastafarian.   This is a very unique set of circumstances because the religion is one not considered mainstream.  According to the lawsuit UPS refused to accommodate the Rastafarian religious beliefs of Nieland Bynoe.  As long as the religious beliefs are sincere and a reasonable accomodation is available, the company must make the accomodation or risk liability under Title VII of the Civil Rights Act of 1964.   An example of a reasonable accomodation is if a religion does not allow its members to work on a certain day, say Sunday and giving Sunday off to an employee did not create a hardship for the employer, the employer must give the worker Sunday off.  </p>

<p>In this case instead of making the reasonable accomondation <a href="http://www.ups.com/"target="_blank">UPS</a> fired him.  During new hire orientation as a driver for UPS management told Bynoe he had to shave his beard and cut his hair in accordance with the company’s grooming policy.  Bynoe replied that his religious beliefs prohibit him from cutting his hair or shaving his beard.  Bynoe again advised the human resources manager about his religious beliefs and asked for a reasonable accommodation on the following day but UPS fired him. This is also a form of <a href="http://www.lasorsalaw.com/lawyer-attorney-1093473.html"target="_blank">retaliation</a> because Bynoe asked not to be discriminated against and he was fired.</p>

<blockquote>“Our freedom to practice our religious beliefs is a fundamental right in this country,” said Acting Regional Attorney Debra Lawrence of the EEOC</blockquote>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2010/02/ups_settles_eeoc_lawsuit_for_4.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2010/02/ups_settles_eeoc_lawsuit_for_4.html</guid>
         <category>Religious Discrimination</category>
         <pubDate>Sat, 20 Feb 2010 05:02:53 -0600</pubDate>
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         <title>EEOC Complaints Can Be Faxed</title>
         <description><![CDATA[<p>The United States Court of Appeals for the Seventh Circuit held that a complaint filed with the Equal Employment Opportunity Commission ("<a href="http://EEOC.gov"target="_blank">EEOC</a>") can be faxed instead of filed in person or through the mail.  If you have a charge of discrimination, whether based on <a href="http://www.lasorsalaw.com/lawyer-attorney-1093479.html"target="_blank">gender</a>, race, religion or <a href="http://www.lasorsalaw.com/lawyer-attorney-1276138.html"target="_blank">sexual harassment </a>you have to file the charge within 180 with the Illinois Department of Human Rights ("<a href="http://www.state.il.us/dhr/"target="_blank">IDHR</a>") 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 <a href="http://caselaw.lp.findlaw.com/data2/circs/7th/083721p.pdf"target="_blank">Laouini v. CLM Freight Lines, Inc</a>. the Seventh Circuit held that a receipt showing a fax was sent to the EEOC is sufficient to prove the date of filing.</p>

<p>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.  </p>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2010/02/eeoc_complaints_can_be_faxed.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2010/02/eeoc_complaints_can_be_faxed.html</guid>
         <category>Sexual Harassment</category>
         <pubDate>Fri, 19 Feb 2010 14:48:00 -0600</pubDate>
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         <title>Retaliation and Religious Discrimination Lawsuit Settled For $25,000</title>
         <description><![CDATA[<p>Anthony Kerr, a Muslim settled his <a href="http://www.lasorsalaw.com/lawyer-attorney-1093473.html"target="_blank">retaliation</a> and <a href="http://www.lasorsalaw.com/lawyer-attorney-1489806.html"target="_blank">religious discrimination </a>lawsuit against New Community Corporation for $25,000.  The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Kerr.  According to detail of the lawsuit, New Community Corporation would not grant Kerr a reasonable accommodation when he requested that he be excused from a requirement that employees donate money to a Catholic school.  His employer requested the donations because they are part of a Catholic parish.  However Kerr's religious beliefs as a Muslim are different than the school’s religious mission which is based on the Catholic religion.</p>

<p>Based on court documents after Kerr refused to give a donation and complained that the demand for a donation conflicted with his religious beliefs, <a href="http://newcommunity.org/"target="_blank">New Community Corporation </a>removed him from its work schedule, which is retaliation.  Retaliation occurs when you complain of discriminatory conduct and you receive negative treatment as a result of the complaint.  Kerr ultimately filed a complaint with the <a href="http://EEOC.gov"target="_blank">EEOC</a> and the corporation retaliated against him when he did file with the EEOC by firing him and then filing an improper complaint about him with his full-time employer alleging that he had engaged in misconduct at New Community Corporation.</p>

<blockquote> “The EEOC will vigorously enforce the law to end such discriminatory practices.  An employer, even one that engages in charitable work, cannot subject an employee to religious discrimination or retaliation.” said EEOC Attorney Louis Graziano</blockquote>

<p><br />
</p>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2010/02/retaliation_and_religious_disc.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2010/02/retaliation_and_religious_disc.html</guid>
         <category>Retaliation</category>
         <pubDate>Thu, 04 Feb 2010 06:25:32 -0600</pubDate>
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         <title>Ivy Hall Assisted Living Settles Religious Discrimination Lawsuit For $43,000</title>
         <description><![CDATA[<p><a href="http://www.ivyhallseniorliving.com/"target="_blank">Ivy Hall Assisted Living, LLC </a>agreed to pay $43,000 and other non-monetary relief to settle a <a href="http://www.lasorsalaw.com/lawyer-attorney-1489806.html"target="_blank">religious discrimination </a>lawsuit.  The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("<a href="http://EEOC.gov"target="_blank">EEOC</a>") on behalf of Khadija Ahdaoui a Muslin employed by Ivy Hall.  According to details in the lawsuit Ivy Hall discriminated against Ahdaoui in her housekeeping job by firing her rather than accommodating her religious belief that she wear a Muslim head scarf ("hijab").  </p>

<p>Court documents claim Ivy Hall insisted that as a condition of her continued employment, Ahdaoui remove and refrain from wearing her hijab on the job.  When she refused, she was terminated.   What is alleged is a violation of Title VII of the Civil Rights Act of 1964, which requires that employers make an effort to accommodate employees’ and applicants’ sincerely held religious beliefs.  The accommodation is this case was very minor and Ivy Halls response to the accommodation was insensitive.    </p>

<blockquote>“Title VII protects employees from having to make the choice Ms. Ahdaoui was forced to make between her religious beliefs and her employment,” said Robert Dawkins, regional attorney for the EEOC’s Atlanta District Office.   </blockquote>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2010/01/ivy_hall_assisted_living_settl.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2010/01/ivy_hall_assisted_living_settl.html</guid>
         <category>Religious Discrimination</category>
         <pubDate>Sun, 31 Jan 2010 11:37:50 -0600</pubDate>
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         <title>Mesaba Airlines Flying Low After Paying $130,000 To Settle Discrimination Lawsuit</title>
         <description><![CDATA[<p>Mesaba Airlines settled a <a href="http://www.lasorsalaw.com/lawyer-attorney-1489806.html"target="_blank">religious discrimination </a>lawsuit filed by the Equal  Employment Opportunity Commission ("<a href="http://EEOC.gov"target="_blank">EEOC</a>") on behalf of five individuals.  The EEOC alleged in the lawsuit that Mesaba Airlines violated Title VII of the Civil Rights Act of 1964 when it terminated a Jewish customer service agent because she refused to work on  the Jewish Sabbath.  Four Christian applicants who applied for employment were allegedly rejected during interviews because they stated a desire for weekend shifts that would not conflict with Sunday church services.  </p>

<p><a href="http://www.mesaba.com/"target="_blank">Mesaba Airlines </a>had a policy whereby employees could not request a shift change even if they made arranagements with other employees and made the arrangements well in advanace of the schedule change.  The no shift swap policy conflicted with Title VII, which requires an employer to reasonably accommodate an employee whose religious belief conflicts with a work requirement.  This only except is if the accommodation creates an undue hardship on the employer.  As a result of this lawsuit Mesaba Airlines no longer has the policy.  The EEOC claimed the policy was a form of <a href="http://www.lasorsalaw.com/lawyer-attorney-1093268.html"target="_blank">discrimination</a>.</p>

<blockquote>“Employees should not be forced to choose between practicing their faith and keeping or getting a job,” said EEOC Acting Chairman Stuart J. Ishimaru. “As this suit shows, the EEOC  vigorously enforces Title VII’s protection against religious discrimination.”</blockquote>

<p></p>

<p><br />
</p>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2010/01/mesaba_airlines_flying_low_aft.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2010/01/mesaba_airlines_flying_low_aft.html</guid>
         <category>Religious Discrimination</category>
         <pubDate>Mon, 04 Jan 2010 08:22:45 -0600</pubDate>
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         <title>University of Nebraska Woman Fired For Being A Witch Turns Broom on School and Receives $40,000</title>
         <description><![CDATA[<p>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 <a href="http://www.lasorsalaw.com/lawyer-attorney-1489806.html"target="_blank">religious discrimination </a>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 <a href="http://www.lasorsalaw.com/lawyer-attorney-1093268.html"target="_blank">discrimination </a>violates an employees constitutional rights.</p>

<p>The case was fired filed with the Nebraska Equal Opportunity Commission (<a href="http://www.neoc.ne.gov/"target="_blank">"NEOC</a>") which is similar in Illinois to the Illinois Department of Human Rights ("<a href="http://www.state.il.us/dhr/"target="_blank">IDHR</a>").  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.</p>

<p><br />
</p>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2009/11/university_of_nebraskawoman_fi.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2009/11/university_of_nebraskawoman_fi.html</guid>
         <category>Religious Discrimination</category>
         <pubDate>Fri, 20 Nov 2009 07:41:38 -0600</pubDate>
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         <title>Religious Discrimination Lawsuit Filed by Wiccan</title>
         <description><![CDATA[<p>Gina Uberti a Wiccan, says she worked for Bath and Body Works for 8 years, and for 6 years had been allowed to make the annual trip in October celebrate the Wiccan holiday of Samhain.<br />
Uberti says she was granted her request to take vacation the week of Oct. 31, 2008 by her boss at the time, regional manager Scott Kerby. But Kerby was replaced by Sandra Scibelli, whom Bath and Body Works hired in 2008, according to the complaint.  Uberti was fired in November 2008 and as a result filed a <a href="http://www.lasorsalaw.com/lawyer-attorney-1489806.html"target="_blank">religious discrimination </a>lawsuit and is seeking lost wages and punitive damages.</p>

<p>According to the lawsuit many Wiccans go to Salem, Mass. to celebrate their new year, which begins at sundown on Oct. 31.   In the lawsuit Uberti says Scibelli told her that she should get her priorities straight.</p>

<blockquote>Ubertia the self proclaimed Wiccan claims her boss told her, "You will need a new career in your new year. ... I will be damned if I have a devil-worshipper on my team." </blockquote>      
     ]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2009/11/religious_discrimination_lawsu.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2009/11/religious_discrimination_lawsu.html</guid>
         <category>Religious Discrimination</category>
         <pubDate>Mon, 02 Nov 2009 15:23:30 -0600</pubDate>
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         <title>EEOC Report Shows Increase in Discrimination Lawsuits</title>
         <description><![CDATA[<p>The Equal Employment Opportunity Commission ("<a href="http://EEOC.gov"target="_blank">EEOC</a>") released its' report for 2008 and it shwos there were 16,752 complaints alleging employment discrimination– up 2.4 percent from the prior year. These complaints are allegations against government agencies only and do not include complaints against private companies.  The complaints were filed against federal agencies on the basis of <a href="http://www.lasorsalaw.com/lawyer-attorney-1093473.html"target="_blank">retaliation</a>, <a href="http://www.lasorsalaw.com/lawyer-attorney-1093479.html"target="_blank">gender</a>, race, national origin, religion and age. </p>

<p>Other interesting statistics in the report include of 7,538 cases closed on the merits, 2.5% resulted in findings of unlawful discrimination. Both parties entered into settlements in 19.5 % or 3,249 complaints. Agencies awarded a total of over $50 million in monetary benefits to complainants for unlawful discrimination.</p>

<blockquote>“Federal agencies must step up their efforts to improve complaint processing time, while also focusing on quality results,” said EEOC Acting Chairman Stuart J. Ishimaru. “</blockquote>
]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2009/09/eeoc_report_shows_increase_in.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2009/09/eeoc_report_shows_increase_in.html</guid>
         <category>EEOC</category>
         <pubDate>Mon, 21 Sep 2009 11:48:45 -0600</pubDate>
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         <title>New Illinois Law Takes Affect January 1, 2010 Adding Additional Discrimination Protections</title>
         <description><![CDATA[<p>The Illinois Human Rights Act ("<a href="http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2266&ChapAct=775%C2%A0ILCS%C2%A05/&ChapterID=64&ChapterName=HUMAN+RIGHTS&ActName=Illinois+Human+Rights+Act."target="_blank">IHRA</a>") 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.</p>

<p>This new law adds order of protection status to the current protected classifications of religion, <a href="http://www.lasorsalaw.com/lawyer-attorney-1093266.html"target="_blank">age</a>, race, national origin, <a href="http://www.lasorsalaw.com/lawyer-attorney-1093479.html"target="_blank">gender</a>, marital status, disability, <a href="http://www.lasorsalaw.com/lawyer-attorney-1463238.html"target="_blank">sexual orientation</a>, 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.</p>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2009/09/new_illinois_law_takes_affect_1.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2009/09/new_illinois_law_takes_affect_1.html</guid>
         <category>Illinois Department Human Rights</category>
         <pubDate>Fri, 18 Sep 2009 11:28:20 -0600</pubDate>
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         <title>Appeals Court Upholds $241,708 National Origin Verdict</title>
         <description><![CDATA[<p>The U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict int he amount of $241,708 for plaintiff Youssef Bouamama against Go Daddy Software Inc.  The lawsuit was filed by the Equal Employment Opportunity Commission ("<a href="http://EEOC.gov"target="_blank">EEOC</a>") on behalf of Bouamama, a Muslim of Moroccan national origin who speaks Arabic and claimed Go Daddy Software Inc. had engaged in <a href="http://www.lasorsalaw.com/lawyer-attorney-1093473.html"target="_blank">retaliation </a>against Bouamama when it fired him for complaining about religious and <a href="http://www.lasorsalaw.com/lawyer-attorney-1437201.html"target="_blank">national origin discrimination</a>.  </p>

<p>In the underlining lawsuit, the jury found in favor of Bouamama and said that <a href="http://www.godaddy.com/"target="_blank">Go Daddy Software Inc.</a> terminated Bouamama, for complaining about religious discrimination and national origin discrimination.  After 9-11, there has been a rise in the number of complaints and lawsuit filed based on national origin.  Muslims seem to be the latest group to be subjected to this type of discriminatory conduct.</p>

<blockquote>“We are pleased that the Ninth Circuit has affirmed the jury’s finding of retaliation,” said EEOC Regional Attorney Mary Jo O’Neill of the EEOC's Phoenix District Office.</blockquote>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2009/09/appeals_court_upholds_241708_n.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2009/09/appeals_court_upholds_241708_n.html</guid>
         <category>National Origin</category>
         <pubDate>Tue, 15 Sep 2009 07:57:31 -0600</pubDate>
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         <title>AT&amp;T Pays $1.3 Million In Religious Discrimination Lawsuit</title>
         <description><![CDATA[<p>A jury of nine women and three men awarded the two former AT & T employees, Jose Gonzalez and Glenn Owen (brothers-in-law), $296,000 in back pay and $460,000 in compensatory damages under Title VII of the Civil Rights Act based on <a href="http://www.lasorsalaw.com/lawyer-attorney-1093268.html"target="_blank">discrimination</a>. During the four-day trial, the jury heard evidence that both men had submitted written requests to their manager in January 2005 for one day of leave to attend a religious observance that was scheduled for Friday July 15 to Sunday July 17, 2005. Both men testified that they had sincerely held religious beliefs that required them to attend the Jehovah’s Witness convention each year. Both men had attended the convention every year throughout their employment with AT&T. Gonzalez worked at the company for more than eight years and Owen was employed there for nearly six years. </p>

<p>The case was tried in U.S. District Court for the Eastern District of Arkansas, Jonesboro Division (Case No. 3:06-cv-00176), before Judge Leon Holmes. AT&T appealed the jury verdict to the Eighth Circuit Court of Appeals. The Eighth Circuit sided with the EEOC and upheld the jury verdict. The amount awarded by the jury at trial grew to $1,307,597 with the inclusion of interest and front pay. Judge Holmes granted the <a href="http://EEOC.gov"target="_blank">EEOC</a>’s request for an injunction prohibiting AT&T from engaging in any employment practice which discriminates on the basis of religion.</p>

<blockquote>“These two employees never should have had to choose between their jobs and their sincerely held religious beliefs,” said EEOC Acting Chairman Stuart J. Ishimaru. “With increased religious diversity in the workplace, employers need to be extra vigilant in guarding against discrimination based on religion.”</blockquote>]]></description>
         <link>http://www.illinoissexualharassmentattorneyblog.com/2009/08/att_pays_13_million_in_religio.html</link>
         <guid>http://www.illinoissexualharassmentattorneyblog.com/2009/08/att_pays_13_million_in_religio.html</guid>
         <category>Religious Discrimination</category>
         <pubDate>Tue, 04 Aug 2009 06:53:54 -0600</pubDate>
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