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


Sexual Harassment in the Workplace

Web Admin - Friday, September 18, 2015

sexual harassment in the workplace, Illinois employment law attorneySome of the most damaging and costly issues that develop in the workplace are those related to sexual harassment. When sexual harassment is allowed to occur, it creates an environment that is less productive and opens the possibility for serious lawsuits. It is important for both employers and employees to understand their rights and responsibilities regarding sexual harassment. For employers, it provides a better understanding of what is required and how to prevent harassment. For employees, it serves as guidance for knowing what behavior rises to harassment.  

Harassment in Illinois  

Sexual harassment is prohibited by federal, state, and local law. Under Illinois law, sexual harassment is defined as any sexual advances or requests for sexual favors when they are not welcomed. Additionally, sexual harassment includes any conduct of a sexual nature when:  

1. Submission to such conduct is an implied or express condition of the victim’s employment; 

2. Submission to or rejection of such conduct is used as a basis for employment decisions related to the victim; or 

3. Such conduct substantially interferes with a victim’s work performance or creates an intimidating, hostile, or offensive environment. It is a civil rights violation for a person to engage in sexual harassment. 

Further, an employer is considered responsible for the sexual harassment of employees if the employer is aware of the conduct and does not take reasonable corrective measures. While sexual harassment is usually thought of as being sexual in nature, it does not need to be. Sexual harassment occurs when offensive remarks are made about a person’s gender. For example, a woman is sexually harassed if a person makes offensive comments to her about women generally. Victims and harassers can be either a man or a woman. Further, it is also possible for sexual harassment to occur between a victim and a harasser of the same gender.  

Preventing Harassment  

It is the responsibility of the employer to prevent sexual harassment. One of the ways in which this is accomplished is through the adoption and use of a sexual harassment policy. Ordinarily, this policy is part of the employee handbook that all employees should be given. The sexual harassment policy should contain the following: 

1. Definition of sexual harassment;  

2. A statement that harassment will not be tolerated, with disciplinary action for those who commit it; and 

3. A description of the procedure victims should take to file a complaint. Employers should also provide training and education on sexual harassment to both employees and those in supervisory or managerial roles. This training should explain what sexual harassment is, how complaints should be filed, and how complaints should be investigated and addressed.  

Legal Help for Employers and Employees 

For more information about the laws regarding sexual harassment in the workplace, contact a skilled Illinois employment law attorney today. Whether you are an employer or employee, our firm can help. We proudly serve communities throughout the northwest suburbs, including Deer Park, Inverness, Arlington Heights, Barrington, Buffalo Grove, Rolling Meadows, Des Plaines, Palatine, Schaumburg, and Crystal Lake.

      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.



      Source: 

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


Recent Posts


Tags

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

Archive