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

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

Archive