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.





Recent Posts


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