DGAA bLAWg

Sexual Harassment Under Federal Law

Web Admin - Friday, December 18, 2015

sexual harassment under federal law, Crystal Lake Employment Law AttorneyOne of the most serious issues that can occur in the workplace is sexual harassment. It is a violation of both state and federal laws and can be committed by and against numerous different individuals. Sexual harassment is considered a civil rights violation.

Defining Sexual Harassment 

Under federal law, sexual harassment is defined as any sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that is not welcomed. The conduct must be so severe or frequent that it creates a hostile or intimidating workplace. It is important to note that sexual harassment can occur between people of the same or opposite gender. Further, a victim does not need to be the individual being harassed. If an individual is affected by offensive conduct, a sexual harassment claim may be made. 

Specifically, sexual harassment is a violation of Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees. Title VII applies to state and local governments, employment agencies, labor organizations, and the federal government. The Equal Employment Opportunity Commission (EEOC) encourages employers to provide training on sexual harassment and to communicate to employees that it will not be tolerated. Under Illinois law, companies and state agencies must develop policies on sexual harassment. State agencies must post these policies in a prominent and accessible location, as well as distribute them to all employees.

Victims of sexual harassment can file a Charge of Discrimination with the EEOC. The potential remedies may include compensatory and punitive damages, though the damage awards are capped dependent upon the size of the employer. For example, the damage award is capped at $50,000 for employers with 15-100 employees. 

Federal Employees 

Victims of sexual harassment who are federal employees must follow specific procedures when making a claim. Under most circumstances, a federal employee must contact an EEOC counselor of the agency where the harassment occurred within 45 days of the date of the harassment. After the claim has been made, it is addressed either through EEO counseling or alternate dispute resolution (ADR), such as mediation. 

It is important to note that federal employees cannot file a lawsuit until attempting to resolve the matter through the administrative complaint process. However, during the process, there are opportunities to initiate a lawsuit under the following circumstances: 

1. 180 days have passed since the complaint was filed and no decision has been made and no appeal has been filed; 

2.  Within 90 days of the complainant receiving the agency’s decision, as long as no appeal has been filed; 

3. 180 days have passed from the filing of an appeal if no decision has been issued by the EEOC; or 

4. Within 90 days from the date the complainant receives the EEOC’s decision after an appeal. 

If you believe that you have been a victim of sexual harassment, it is important to contact an experienced Illinois employment law attorney as soon as possible. Our firm can help stop unwanted harassment and pursue compensation for damages you have suffered. We represent individuals in Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.




Sources: 

http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol4/xml/CFR-2011-title29-vol4-part1604.xml

http://www.eeoc.gov/laws/statutes/titlevii.cfm

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2266&ChapterID=64&SeqStart=600000&SeqEnd=1200000



Recent Posts


Tags

Buffalo Grove probate lawyer Attorney Ken Apicella Palatine punch death disability benefits Illinois workplace lawyer Arlington Heights injury attorney truck collisions investment property Schaumburg insurance lawyers Colin Gilbert estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois pet lawyer Illinois insurance lawyer CAM Deer Park criminal attorney underinsured motorist Palatine insurance lawyer cell phone tower data construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois wrongful termination lawyer Schaumburg estate attorney sole proprietorship subcontractor meal breaks crossover accidents products liability Palatine civil attorney construction accidents Des Plaines accident attorney Schaumburg criminal attorney traffic violations defense Illinois business law atorneys Des Plaines personal injury attorney Barrington boating accident attorney Illinois estate planning attorney medical marijuana Rolling Meadows traffic law firm tax attorney Super Mario insurance agents back injuries suspended license Palatine real estate lawyer right to work Illinois employment law attorney marijuana crimes attorney Illinois tax attorney estate planning lawyer Rolling Meadows criminal attorney Rolling Meadows Attorney Illinois insurance claim attorney criminal defense Rolling Meadows personal injury lawyer traffic laws Illinois construction accident attorney speeding Rolling Meadows medical malpractice lawyers IRS Rolling Meadows insurance dispute lawyers, insurance dispute gift taxes insurance claim dispute attorney Illinois traffic accident lawyer Illinois wills and trusts attorneys severance agreements involuntary manslaughter Buffalo Grove personal injury lawyer PTSD Crystal Lake car accident attorney Schaumburg personal injury lawyers deadly crashes brain injury Inverness real estate lawyer problem employees Schaumburg probate attorney traffic offenses Arlington Heights wills and trusts lawyer child safety Crystal Lake business law attorneys Rolling Meadows accident lawyer commercial leases GM ignition switches Arlington Heights trucking lawyer Arlington Heights estate planning attorney Chicago attorney Illinois traffic laws drug possession insurance denial appeals insurance claim Palatine Attorney low-ball insurance settlement Long Grove real estate attorney privacy Buffalo Grove car accident lawyer Illinois LLC creation Crystal Lake medical malpractice law firm distracted driving accidents personal injury lawyer traffic crimes marijuana Illinois personal injury civil litigation surgical mistakes traffic deaths trauma after an accident estate attorney real estate lawyer creditors pet law Illinois mortgages Arlington Heights criminal lawyer personal injury claim trusts Illinois estate planning digital information BUI Illinois traffic attorneys Illinois business lawyer Illinois registered agent insurance claim denial comparative negligence manufacturing personal injury accidents capital gains tax personal injury law firm Illinois insurance attorney Arlington Heights employment law attorneys Chicago will attorney consent to a search employees LLCs wrongful termination Buffalo Grove corporate attorney Illinois Human Rights Act Buffalo Grove real estate attorney Retaliatory Discharge motorcycle accident natural gas Deer Park motorcycle accident lawyer Palatine criminal defense lawyer Illinois car accident attorney field sobriety test Crystal Lake medical malpractice attorneys Des Plaines Traffic Lawyer Palatine employment attorney murder probate Illinois Trust Code Deer Park personal injury lawyer product liability ken apicella Policy Cancellation Rolling Meadows employment attorney Schaumburg construction accident lawyer POA Palatine corporate law attorneys Palatine estate planning lawyer mass shooting underage DUI slip and fall accidents Barrington criminal defense lawyer rent to own real estate contracts Illinois real estate Illinois boating accident lawyer Rolling Meadows real estate attorney Crystal Lake medical malpractice lawyer swimming pools traffic violations business litigation nursing home negligence changes to mortgage law Crystal Lake pet attorney estate tax loss of consortium Barrington civil litigation attorney Exclusions digital evidence bike accident Illinois workers compensation lawyer defective products Rolling Meadows personal injury lawyers employee discrimination traumatic brain injury wills Illinois criminal defense attorney Rolling Meadows car accident lawyers Long Grove estate planning attorneys Chicago corporate attorney Crystal Lake tax lawyer Arlington Heights traffic attorney Long Grove real estate lawyer liens medical malpractice compensation probate fees Rolling Meadows estate planning attorney IRELA BAC paid sick leave Palatine employment lawyer FSLA liability claims Illinois Smoke Detector Act TBI Illinois traffic attorney elder abuse sexual images deed transfer Illinois defective products attorney Rolling Meadows employment law attorney Whistleblower Claims Palatine construction attorney Chicago employment attorney Palatine personal injury lawyer Crystal Lake personal injury attorney boating accidents Illinois employment law attorneys Illinois employment law firm license revocation estate plan hiring employees texting while driving denial of life insurance bicycle dooring accidents Illinois Workers’ Compensation Commission estate planning trusts fiduciary rule delay Barrington estate planning lawyer car crash digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Des Plaines personal injury lawyer Palatine business attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, insurance claim denials Illinois Probate Act of 1975 Deer Park traffic accident attorney new real estate form modern family estate planning employee rights Des Plaines drug lawyer insurance attorney accidental death benefits Barrington Illinois estate planning lawyer overtime pay Barrington drug crime attorney fiduciary rule Inverness personal injury attorney Crystal Lake bike accident lawyer Barrington business law firm car accident lawyers Crystal Lake criminal defense attorney drug crimes lawyer insurance negligence workplace sexual harassment commercial leasing living trust Schaumburg drug defense lawyer Crystal Lake employment attorney breach of contract Home Sale Contingencies Landlord Tenant Ordinance Mount Prospect real estate lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Palatine traffic accidents hit and run accident spinal cord injuries cell phone accidents employee misclassification Illinois insurance disputes sexual harassment rumble strips Barrington attorney personal injury claims Illinois Wage Payment and Collection Act Crystal Lake civil litigation lawyer car crash injuries Chicago employment lawyer Schaumburg employment attorney Crystal Lake employment law attorney Joliet general practice lawyers medical research eluding a police officer Inverness accident lawyer institutional trustee financial advisors Palatine civil litigation lawyer Barrington employment attorney contracts income distribution deducation Illinois jet ski accident lawyer ACA Illinois collections attorney traffic accidents Illinois workplace discrimination attorney Detainer Actions rollover accidents attorney fees unfunded trust vacation home food poisoning insurance claims life insurance claims Arlington Heights medical malpractice lawyer controlled substance rollover car crashes Palatine employment law lawyer Illinois employment laws Forcible Entry Riverwoods estate planning lawyer dog bites fault based insurance Des Plaines collections attorney landlord Kenilworth estate planning lawyer Inverness insurance attorney Arlington Heights Attorney appealing an insurance claim Rolling Meadows corporate lawyer car accident denied insurance claim caregiver Illinois corporate lawyer Illinois Buffalo Grove medical malpractice lawyers Inverness estate planning lawyer trucking accident lawyers Illinois real estate lawyer Inverness real estate attorney homestead rights Illinois trusts attorney real estate contract insurance dispute attorney Illinois small business Barrington employment law attorney Illinois insurance dispute lawyers internet healthcare Arlington Heights insurance attorney Arlington Heights Traffic Lawyer spinal cord injury pizza emoji home inspection lawyer Illinois trucking safety Arlington Heights personal injury attorney Kenilworth estate planning attorneys advance healthcare directive Deer Park real estate law firm premises liability insurance disputes employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights TBI attorney Des Plaines criminal attorney Chicago insurance claim attorneys Family Medical Leave Act ObamaCare Des Plaines medical malpractice attorney blood alcohol content Rolling Meadows criminal lawyer drugs senior citizens DGAA Crystal Lake will lawyer corporate law uninsured motorist Illinois personal injury lawyers Schaumburg construction contracts Des Plaines real estate attorney Transfer on Death Instrument employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys expungement Illinois insurance claims lawyers preventable medical errors motorcycle accident lawyer insurance dispute vacation home fines Arlington Heights wills and trusts attorney Chicago biking tips Schaumburg criminal law attorney Do Not Resuscitate jet ski Colin H. Gilbert natural gas explosion estate planning probate lawyer Palatine trusts lawyer slip and fall Crystal Lake accident attorney insurance agent negligence living wills federal regulations for LLCs loopholes Deer Park employment law attorney privacy laws denied insurance claims Rolling Meadows marijuana attorney Crystal Lake law firm personal injury digital assets bad faith insurance claims Schaumburg elder law lawyer whistleblower protections Illinois lawyer Schaumburg wrongful death attorney Crystal Lake insurance lawyer unpaid assessment college kids Schaumburg real estate lawyer condo Arlington Heights lawyer Inverness DUI lawyer rest breaks Arlington Heights real estate lawyer car collision Palatine elder law attorney criminal record underfunded trust Long Grove estate planning attorney drug crime Long Grove estate planning Barrington personal injury lawyer unauthorized overtime trust payments living trust vs will South Barrington real estate attorney DMV Inverness elder law lawyer Arlington Heights car crash attorneys DNR head on collisions probate claims process medical malpractice criminal law drunk driving Crystal Lake estate planning lawyer BAIID Illinois speeding lawyer texting and driving insurance denials personal injury attorney Mt Prospect Attorney clemency Food and Drug Administration's Food Safety Modernization Act pedestrian injuries, pedestrian fatality Barrington Traffic Lawyer Chicago car accident lawyer Buffalo Grove employment lawyer taxes medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Rolling Meadows drug defense attorney foreclosed rental property Rolling Meadows probate lawyer bicycle accidents insurance adjusters Chicago estate planning dynasty trusts Illinois injury lawyer Schaumburg medical malpractice lawyer Rolling Meadows tax attorney Rolling Meadows business lawyer Arlington Heights employment attorney Buffalo Grove injury lawyer Illinois employment attorneys Self-Directed IRA Accounts pedestrian-automobile accident drug crimes Rolling Meadows Traffic Lawyer license suspension Barrington injury attorney Crystal Lake traffic lawyer boating DUI Schaumburg personal injury lawyer Mount Prospect wills and trusts lawyers Illinois personal injury lawyer Des Plaines tax law firm Illinois Transfer on Death Instrument Palatine drug lawyer landlord tenant law workers compensation Barrington employment law firm Chicago lawyer wills and trusts Illinois medical malpractice lawyers trucking accidents Class A misdemeanor Barrington litigation attorney insurance claim dispute Schaumburg estate planning attorney pain and suffering agent small business Rolling Meadows Inverness probate lawyer Crystal Lake traffic attorney Chicago trucking accident attorney dealing with problem employees icy parking lots in terrorem provision owner responsibility cell phone Barrington estate planning attorney Des Plaines insurance attorney School Visitation Rights Act Palatine traffic lawyer murder charges Arlington Heights pedestrian accidents Barrington real estate lawyer auto accidents Buffalo Grove personal injury attorney Illinois driving without license traumatic brain injuries foreclosure installment contracts DUI defense compensatory time workers comp pedestrian accidents Legal Info Fair Labor Standards Act Schaumburg traffic lawyer Schaumburg civil litigation attorney pay when paid contract Inverness injury lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Schaumburg injury lawyer Schaumburg Attorney filing a medical malpractice claim wage theft Illinois elder law attorney Schaumburg estate planning lawyer overtime violations Illinois law no contest clauses employment attorney pregnant women Palatine corporate attorney revenge porn employment contract comp time Palatine probate lawyer Illinois medical malpractice claim car crashes murder defense Crystal Lake employment lawyer Rolling Meadows insurance lawyer Arlington Heights wills and trusts lawyers minimum wage mortgage Illinois pedestrian accident attorney estate planning for college students hands free device Rolling Meadows traffic attorney Federal Food Drug and Cosmetic Act Schaumburg personal injury attorney living trust benefits Crystal lake insurance dispute attorney probate claims pedestrian accident Des Plaines claims law firm real estate attorney DUI Illinois employee rights attorney. DUI penalities holiday statistics car accident lawyer Deer Park DUI lawyer workers compensation benefits residential real estate work unions Buffalo Grove criminal defense lawyer estate planning attorney reckless homicide Rolling Meadows personal injury attorney probate process Deer Park accident attorney Des Plaines injury law firm Arlington Heights accident attorney commercial real estate Buffalo Grove traffic lawyers dram shop law Palatine law firm Schaumburg corporate attorney Crystal Lake car accident lawyer Rolling Meadows DUI lawyer Deer Park traffic lawyer Crystal Lake injury attorney healthcare claims Illinois home inspection trustee Barrington criminal lawyer Rolling Meadows insurance attorney Illinois job attorney real estate wrongful death Illinois employment law Illinois attorney guardianship attorney operating agreements Arlington Heights wills and trusts attorneys license Schaumburg employment law attorneys Illinois personal injury attorney Illinois Sales Representative Act Illinois rollover accident lawyers health insurance dispute life insurance policy Barrington medical malpractice lawyers driving Des Plaines motorcycle accident attorney life insurance Illinois motorcycle accident lawyer Chicago traffic lawyer Des Plaines pet law attorney Barrington workers compensation attorney Illinois traffic ticket lawyer breathalyzer test pet bites DUI attorney Des Plaines real estate lawyer drunk driving statistics gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys life insurance lawyer golf accidents Rolling Meadows litigation lawyer South Barrington real estate lawyer Crystal Lake pedestrian accident lawyer Long Grove wills and trusts attorneys Buffalo Grove traffic attorney blended families Illinois will lawyer civil litigation attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Arlington Heights car accident lawyer unpaid overtime anesthesia errors real estate leasing criminal employment law Thanksgiving caretaker rights jet ski accidents Home Remodeling Repair Act medication errors real estate attorneys Crystal Lake personal injury lawyer real estate zoning defective products lawyer Illinois medical malpractice case Deer Park workers compensation lawyer federal crimes Arlington Heights tax lawyer Affordable Care Act power of attorney Illinois wills and trusts Schaumburg car accident attorney Illinois probate lawyer power of attorney for healthcare Buffalo Grove law firm Illinois medical malpractice attorney Chicago insurance law firm distracted driving accident victims preventing accidents IRA benefits Illinois DUI attorney independent contractor Inverness corporate attorney Palatine injury attorney liability Inverness traffic law firm digital media accounts, estate planning, Arlington Heights estate planning attorney, irrevocable trust Rolling Meadows employment law attorneys Fourth of July Des Plaines personal injury lawyers real estate closing wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois workers compensation attorney IRA trust transfer Illinois employment lawyer employment law, Illinois employment laws Palatine workers compensation lawyer condo association license reinstatement Des Plaines drug crimes lawyer Chicago estate planning lawyer Illinois insurance claim dispute lawyers Mount Prospect elder law attorney Des Plaines DUI attorney Illinois civil litigation lawyer car accidents Deer Park medical malpractice attorney llinois Real Estate Lawyers Association Liquor Control Act first degree murder Buffalo Grove insurance claim dispute lawyers Kenilworth estate planning attorney elder law medical malpractice claims Des Plaines employment lawyer Illinois living will trench injuries fatal car accidents forming a corporation in Illinois Rolling Meadows boating crash lawyer Illinois bicycle safety Inverness civil lawyer Rolling Meadows insurance dispute lawyers boating under the influence job lawyers Illinois estate planning law firm Arlington Heights personal injury lawyer Barrington personal injury attorney Des Plaines civil attorney startup company automated cars Illinois insurance claim dispute lawyer Employment Discrimination Law Chicago will attorney, social media platforms, Illinois estate planning lawyer, special needs trust Illinois red light cameras insurance claim delay social media after death traffic tickets Jay Andrew civil rights violation FMLA

Archive