Illinois Sexual Harassment Attorney Blog

Filing A Retaliation Complaint In Chicago

Wed, 16 May 2012 08:52:27 -0600

So you are at work in Chicago and things seem to be going well. However, your boss is making inappropriate comments to one of your female co-workers. You witness this each day but keep your mouth shut because you don't wish to rock the boat. The female co-worker takes it for months and finally she complains to human resources and files a sexual harassment complaint. As part of the human resource investigation they call you and and talk with you about what you may have witnessed. You tell the truth and support her claim. You don't think about it and continue doing a good job. But now you have a problem.

All of a sudden you are being given a negative performance review out of the blue. And management is telling you that if you don't shape up you are going to be fired. What is happening? This happens all too often. It is called retaliation. In Illinois it is a violation of the Illinois Human Rights Act ("Act") and you can file a complaint with the Illinois Department of Human Rights ("IDHR") based on retaliation. Even though you are not the one complaining about the sexual harassment you can still file a complaint. It isn't enough for you to complain to human resources. You must file with the IDHR if you wish to get protection. And remember, human resources are the ones who are engaging in retaliation with the negative performance review so how much help are they going to give? Protect yourself if you are in this type of situation and understand you have rights.

Can You Win Sexual Orientation Claims At The Illinois Human Rights Commission?

Tue, 15 May 2012 09:08:58 -0600

My Chicago office gets inquiries about sexual orientation cases all the time. One question people have is can the case result in victory at the Illinois Human Rights Commission ("IHRC")? First we should discuss what a victory would be. At the IHRC if you are successful you can get lost wages, lost benefits, attorney fees, money for emotional distress, and money for any medical bills you have incurred as a result of the discrimination. Also the Judge may order the company to have to undergo mandatory training on discrimination, and may bar them from doing business with the state for up to three years. So how do you go about winning your case at the IHRC?

First you have to file a complaint with the Illinois Department of Human Rights ("IDHR") and get a finding of substantial evidence. Next the case is filed with the IHRC and discovery will take place. Discovery is where cases are won and lost. It is very important that you cooperate fully during this process and answer questions from the other side as fully and accurately as possible. It is also very important that you have a good employment lawyer during this phase because you want to ensure the discovery that is sent to your employer is good. If you don't ask for the right information in the right way, you will not get important documents which you can utilize at trial. Sexual orientation cases are very good cases to take before the IHRC and can often lead to good awards.

Text Messages Can Help In A Sexual Harassment Case

Mon, 14 May 2012 23:20:05 -0600

So your boss has been making comments to you that are not work related. He seems to ask a great deal about what you do after work. He is now starting to text you after work and the text messages indicate he wants some sort of relationship. What should you do? My Chicago office is seeing a large number of sexual harassment cases involving text messages. In Illinois there is strict liability on a company if a supervisor engages in sexual harassment. If your boss is texting you about personal activity and wants a relationship outside of work, this would be sexual harassment.

When you have been the victim of sexual harassment or other forms of discrimination in Chicago, you can file a complaint with the Illinois Department of Human Rights ("IDHR"). If you file with the IDHR they are mandated by law to complete an investigation within 365 days. This is good news because it means the case will be moved along rather quickly. I think the IDHR does a very good job at investigating cases in Chicago. The bottom line is save your text messages and see an employment lawyer at once if your boss is hitting on you.

EEOC Settles Discrimination Lawsuit With LP For $60,000

Sun, 13 May 2012 22:35:57 -0600

LP settles an Americans With Disabilities Act ("ADA") lawsuit for $60,000. The ADA lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Jason O'Dell who was applying for an job with LP. According to published accounts, LP refused to hire O’Dell, because of his disability, Asperger’s syndrome. In case you don't know this is a medical condition that is an autism spectrum disorder. You cannot hire someone because of a disability. The ADA has been on the book for a long time, so it's hard to believe the company did not train its' employees better.

Based on his qualifications for the lab technician position he sought, Randstad, the hiring manager had originally fast-tracked O’Dell’s participation in the hiring process. However, as soon as his medical condition came to light, O’Dell was told that the lab technician position had been put “on hold,” and he was not hired. You can't do that to a potential employee. It was obvious that he was being denied the position because of his disability.

“Employers must make employment decisions based on the applicant’s ability to perform the duties of the job, not uninformed prejudices or irrational fears,” said EEOC Attorney Debra M. Lawrence.

Central Freight Lines Inc. Pays $400,000 To Settle Age Discrimination Lawsuit

Sat, 12 May 2012 22:46:47 -0600

Central Freight Lines Inc. pays $400,000 to settle an age discrimination lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"). The money will be paid to eight former dockworkers. You have to remember that a company would not pay this amount of money to settle a case unless there was merit to it.

Published accounts alleges Central Freight Lines, Inc. discriminated against Ricky Curry, John Bean, Paul Elwell, Richard Harris, James Thurmond, Keith Vessels, Purvis Carter and Reynaldo Tijerina by selecting them for termination because of their age in an reduction in force. Many times the company will disguise an age discrimination activity by claiming a reduction in force. Some of the men had worked at the company for 20 or more years and were approximately 50 years old and older. This type of activity is illegal and you can see it cost the company some money.

"It is an injustice to terminate these loyal workers who gave so many years of their lives to Central Freight," said William C. Backhaus, EEOC attorney. "Laying people off because of their age is a violation of federal law."

$50,000 Settlement By Four Points Sheraton Hotel In Discrimination Lawsuit

Wed, 09 May 2012 09:27:23 -0600

Four Points by Sheraton hotel pays $50,000 to settle a national origin discrimination lawsuit. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of employee Basil Massih. According to published accounts, the company subjected Massish to a hostile work environment because of his Iraqi national origin. In fact the harassment got so bad that he had to resign his position which is also known as a constructive discharge.

The alleged harassment included mimicking Massih’s accent and mocking Arab vocal expressions. I know this sounds like such childish behavior but who would want to come into work each day and put up with this. To make matters worse he had to endure ethnic slurs such as “camel jockey”; and taunting and jeering at Massih relating to news stories about Iraq and the capture of terrorists. Massih complained to management but nothing was done to stop the harassment. I bet they take this type of behavior more serious now

“Employers have an affirmative duty to protect employees from discrimination and national origin harassment.” said EEOC attorney Mary Jo O’Neill

$260,000 Paid By Health Management Group, Inc. To Settle Gender Discrimination Lawsuit

Mon, 07 May 2012 12:49:45 -0600

Health Management Group, Inc. ("HMG") pays $260,000 to settle a gender discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of Krishna McCollins and Donna Davidson. Both of the female workers were directors of franchise development. The problem for the female workers was they were paid less than a male who performed substantially equal work for HMG. It is a violation of Title VII of the Civil Rights Act of 1964 to treat men and women different regarding pay and terms of employment.

n addition to paying this large sum of money the company will have to provide for training for all of HMG’s employees, managers, and supervisors on employee rights and employers’ obligations under the Equal Pay Act and Title VII. In addition HMG must post an anti-discrimination notice to all employees. This is typically what happens are part of the settlement process. You can see why it is in the best interest of the company to settle prior to the employee filing a complaint with the EEOC.

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

Mediation At The Illinois Department of Human Rights

Fri, 04 May 2012 06:32:11 -0600

My Chicago office often gets calls regarding mediation at the Illinois Department of Human Rights ("IDHR"). So what is mediation and is it a good thing? At the IDHR there is a special unit that tries to resolve claims before they get investigated. In short, they try to resolve matters before the IDHR or the attorneys spend too much time and money on them. Mediation in theory is a good approach to settling cases. The issue I have with the IDHR mediation unit is they require you to sign an extension before they will mediate the case. By law the IDHR must complete an investigation within 365 days from the date a charge is perfected. When you agree to mediate a case, the investigation process stops but not the period of time given to investigate the case. I can see the reason why the IDHR wants you to sign the extension, I just don't like to sign them. I also don't like to engage in mediation unless the parties are trying to settle the case and are stuck on numbers. For example if we are offering to settle for $60,000 and they offer $10,000 and we keep negotiating and we are now at $40,000 and they are at $25,000 and neither party will budge, mediation may be helpful to get both parties to move off their number and settle. I don't mediate however is the other side isn't offering any money or isn't negotiating in good faith.

If you do sign the extension what can you expect at mediation? Well the mediation unit has some great mediators at the IDHR. They act as a neutral party and try to point out the strengths and weaknesses to each party as the parties present their positions. One requirement for mediation is that each party bring someone who is authorized to settle the case. So for example in a sexual harassment case against a company, the company would have to bring someone to mediation that would be able to bind the company to an amount agreed upon. It isn't good enough to just bring an attorney and someone from human resources, unless the human resource person is authorized to settle on behalf of the company. The important point to remember is that the purpose of mediation is to settle the case. So go with an open mind and be willing to compromise. Even if mediation is unsuccessful, both parties get a better understanding of the case which is always a good thing.

Chicago Waitresses Subjected To Sexual Harassment

Thu, 03 May 2012 06:49:42 -0600

There has been a growing trend in Chicago toward managers and owners subjecting waitresses and other bar and restaurant workers to sexual harassment. Part of the reason may be the type of work atmosphere where liquor and intoxicated people abound. Whatever the reason, engaging in sexual harassment is against the law and will subject the owner to liability under the Illinois Human Rights Act ("Act") and Title VII of the Civil Rights Act of 1964. An employee who has been subjected to sexual harassment can file a complaint with either the Illniois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). I personally prefer to file with the IDHR because they cross-file with the EEOC and they are mandated by law to complete an investigation within one-year. One could also file a complaint with the Chicago Commission on Human Relations ("CCHR"). One big advantage to filing with the CCHR is they can award punitive damages.

So which venue does your sexual harassment case belong in? The short answer is let an experienced employment lawyer evaluate your case and decide for you. There generally isn't a one size fits all strategy. For example if you have very low lost wage damages but the sexual harassment was very tramatizing and obscene perhaps going for punitive damages with the CCHR would be the proper venue. The important thing to remember is there are strict time limits that apply for filing a claim of discrmination. Dont' be one of those people who procrastinate and ends up missing a deadline. The company will have legal advice and people working on their behalf, so should you.

Roadrunner Redi-Mix Inc. Settles ADA Lawsuit For $80,000

Wed, 02 May 2012 22:46:10 -0600

A cement company called Roadrunner Redi-Mix Inc. pays $80,000 to settle an Americans With Disabilities Act ("ADA") discrimination lawsuit. The discrimination was filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of Eliud Tafoya. Tafoya was a cement driver with a neck impairment. The company refused to make a reasonable reasonable accommodation. Specifically, Tafoya requested to be exempt from cleaning the inside of the concrete barrel of his truck once a year, or in the alternative, to use the jackhammer, which was used to remove the excess concrete, in a downward motion, as opposed to the typical upward, overhead motion. This was a very reasonable request however the company refused it.

According to published accounts Tafoya safely performed his job duties for two and a half years of employment, and it wasn’t until he requested that reasonable accommodation that he was immediately sent home on unpaid leave and eventually terminated. This was a violation of the ADA and will cost a company money every time. It is very important that people realize their rights to be free from discrimination while they are employed. Companies don't have a right to subject you to violations of the law. Violating the ADA is a violation of Title VII of the Civil Rights Act of 1964.

“The EEOC will continue to diligently enforce federal law to ensure that people with disabilities are free from harassment or discrimination in the workplace,” said Mary Jo O’Neill, EEOC attorney.

Golf International Settles Retaliation Lawsuit For $25,000

Tue, 01 May 2012 20:14:56 -0600

Golf International settles a retaliation lawsuit for $25,000. The lawsuit was first filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Jeffrey White. According to published accounts the company fired White one day after he submitted an internal complaint reporting sexual harassment. He reported that several female employees felt they had been sexually harassed by the head chef. This happens quite often. The company fired the messenger of bad news. After White filed a discrimination charge with the EEOC, the company offered to hire White back if he dropped his EEOC charge.

Many times people are afraid to come forward for this reason. They try to do the right thing and it ends up costing them their job. In this tough economy this really hurts. I am glad the EEOC was able to hold the company to the law and make them pay Mr. White. My Chicago offices gets many calls like this. Make sure you don't let companies push you around. Protect your employment rights and document everything at work.

“Employment discrimination cannot be stopped or corrected if employees do not feel free to report it,” EEOC Attorney Mary Jo O’Neill said.

Sexual Harassment Lawsuit Against Knox County Settled For $74,000

Sun, 29 Apr 2012 11:10:55 -0600

The sexual harassment lawsuit filed against former Knox County EMA Director Brian Hess and 16 other Knox County defendants was settled for $74,000. It is unusual to have that many defendants in one lawsuit. What this tells me is there was something bad going on at this place of work. According to published accounts the $74,000 has been awarded to the group of six plaintiffs. An independent investigation revealed that Hess engaged in unprofessional conduct which rose to the level of sexual harassment.

This type of activity seems to be taking place more and more. Men in powerful positions think they can engage in any type of behavior they wish without consequences. And if anyone complains they try to fire them. It is very important that employees realize they have options and don't have to take this type of behavior. I am glad the case settled before trial so both parties can put this behind them. Sexual harassment in the workplace makes things difficult for all involved.

Taco Bells Franchise Pays $27,000 To Settle Religious Discrimination Lawsuit

Sat, 28 Apr 2012 10:29:03 -0600

Family Foods, Inc., which owns a Taco Bell restaurant pays $27,000 to settle a religious discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Christopher Abbey. According to published documents Abbey is a practicing Nazirite who, in accordance with his religious beliefs, has not cut his hair since he was 15-years old. I guess it is safe to say his hair is long. Abbey worked for the company for six years before the company informed him that he had to cut his hair in order to comply with its grooming policy. This is really bizarre that they allowed him to work so long and then all of a sudden required him to cut his hair.

When Abbey explained that he could not cut his hair because of his religion, the company told Abbey that unless he cut his hair, he could no longer continue to work at its Taco Bell restaurant. The company ended up firing Abbey in violation of federal law. An employer must make reasonable accommodations for peoples religious beliefs. In this case it would not have been that big a deal. After all Abbey had been wearing long hair for years prior to the company requiring him to cut it.

“No person should be forced to choose between his religion and his job when the company can provide an accommodation without suffering an undue hardship,” said Lynette A. Barnes, EEOC attorney.

Peninsula College Settles Sexual Harassment Lawsuit For $55,000

Fri, 27 Apr 2012 10:51:38 -0600

Peninsula College settled a sexual harassment lawsuit for $55,000. The lawsuit was filed by former student Bethel Prescott. According to her published documents Prescott alleged that her work study supervisor and chemistry professor, the late Paul Woodson, repeatedly sexually harassed and defamed her. In the lawsuit, Prescott said she needed to take a sequence of chemistry courses that Woodson taught and that her work study was supervised by Woodson. In short Prescott needed to be around Woodson and she had to endure his sexual comments and behavior.

The lawsuit alleged Woodson misused his position of power and authority to make inappropriate sexual and derogatory comments, engage in explicit inappropriate behavior and generally create a hostile work environment against her. Prescott also claimed that the management of the college allowed a hostile work environment to exist. This type of activity will end up costing a college or employer money every time. My Chicago office sees a great deal of sexual harassment in the college setting. Don't let college professors pressure you to have sex.

Police Officer Settles Sexual Harassment Lawsuit For $150,000

Wed, 25 Apr 2012 07:10:35 -0600

Officer Wendy Schwartzenberger settles her sexual harassment lawsuit with the Concord Police Department for $150,000. Schwartzenberger is the highest-ranking female officer
and allegedly was the victim of sexual harassment. According to documents which have been made available to the public, she will receive $51,352.70, and her attorneys $98,647.30. You can see how expensive these types of lawsuits can be. This is something that employers should keep in mind. The longer lawsuits drag on the higher the legal fees and many times those legal fees are paid by the employer.

Schwartzenberger's alleged that Lt. Robin Heinemann had made a series of sexually charged comments to her, as well as unwanted physical advances, including hugging and kissing her. Schwartzenberger's is gay and Heinemann allegedly made comments about her sexual orientation and her relationship with her partner. Many times there are multiply categories of discrimination and in this case there were two. You can see how much money it cost an employer when another employee makes stupid comments.

"However, we believe the settlement is in the best interests of all concerned, given the contested nature of the claims, the costs of litigation, and the disruption to staff that trying this case would entail," Coon said.