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.





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.



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