Sexual Harassment
Sexual harassment is prohibited by the Illinois Human Rights Act and is punishable as an illegal form of sex discrimination under Title VII of the Civil Rights Act of 1964. Sexual harassment can take many forms such as sexual or sexist comments about a coworker's appearance, a mandatory dress code that provokes others to make sexually explicit comments, unwanted sexual contact or touching, sexual suggestions or pressure to have sexual contact, sexual jokes or explicit sexual comments that embarrass a coworker, and/or sexual or pornographic pictures displayed or passed around. Sexual harassment is illegal if participation in any of the above activities is required to get or keep a job, to be promoted, or to qualify for benefits, or if the activity makes it harder for a worker to do his or her job by creating a hostile environment. The behavior must be unwelcome, undesirable, and offensive to be considered sexual harassment. The law uses the "reasonable person" standard to determine what is offensive: if a reasonable person would find an action offensive, then it is offensive under the law.
Generally there are two types of sexual harassment recognized within Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act:
1. "Quid Pro Quo" sexual harassment is when submitting to or rejecting the harassment is used as the basis for a decision regarding employment, or is otherwise linked to job benefits. Further, the harassment must be because of your gender.
2. "Hostile Work Environment" is a much more common form of harassment which occurs as a result of behavior that sufficiently severe or is pervasive enough to effectively change the terms of your employment, meaning it is so bad that you cannot reasonably perform your job. Mere insulting remarks made far and between will not suffice to establish a hostile work environment.
The identity of the harasser is also very important when determining whether sexual harassment has occurred. Generally the actions of co-workers who have no authority over you will be taken much more lightly than the same behavior being thrust onto to your manager.
Lastly, in order for liability to attach to your employer, you must let the harasser know that his behavior is unwelcome, and you must report the behavior to your employer and let him know your feelings, as well as following any procedures in place to be followed in such a situation. A case under the hostile work environment theory we usually be without merit unless it can be shown that the harassment was reported to your employer and your employer neglected to remedy the problem. Otherwise, the employer can defend on the grounds that he was unaware of the harassment, or that you made no reasonable attempt at showing the behavior was unwelcome. It is also advisable to bring a trusted friend to witness you reporting the incident to employer, and in addition to send him an email and save it your own computer for proof. However, under the Illinois Human Rights Act, an employer will be strictly liable any time a manager engages in conduct that can deemed sexual harassment. This is pursuant to recent holding by the Illinois Supreme Court.
Lastly, a case for retaliation may be made by any person who is terminated, demoted, denied a promotion, or suffers in any way in the terms of his or her employment as a result of reporting or complaining about an incident of sexual harassment. Even if the person complaining was not the victim of the harassment, a case for retaliation will have merit if it can be shown that the person received such treatment in retaliation for his or her report or complaint. Often the mere proximity in time between the complaint and the employee's discharge can be sufficient to state a case for unlawful retaliation. However, as mentioned before, it is crucial that evidence that you maid the complaint be preserved in some way.
If you feel you are being harassed, you do not have to put up with it! Call an attorney with experience in handling sexual harassment cases. Call the Law Office of Ryan Scott Nalley for a free telephone consultation today.
Determining what kind of behavior constitutes sexual harassment may depend on the circumstances; however, some general descriptions of sexual harassment can be made. A single, or occasional, sexual joke or sexual comment is not sexual harassment unless the comment unequivocally offers workplace advancement in return for sexual favors.
Generally there are two types of sexual harassment recognized within Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act:
1. "Quid Pro Quo" sexual harassment is when submitting to or rejecting the harassment is used as the basis for a decision regarding employment, or is otherwise linked to job benefits. Further, the harassment must be because of your gender.
2. "Hostile Work Environment" is a much more common form of harassment which occurs as a result of behavior that sufficiently severe or is pervasive enough to effectively change the terms of your employment, meaning it is so bad that you cannot reasonably perform your job. Mere insulting remarks made far and between will not suffice to establish a hostile work environment.
The identity of the harasser is also very important when determining whether sexual harassment has occurred. Generally the actions of co-workers who have no authority over you will be taken much more lightly than the same behavior being thrust onto to your manager.
Lastly, in order for liability to attach to your employer, you must let the harasser know that his behavior is unwelcome, and you must report the behavior to your employer and let him know your feelings, as well as following any procedures in place to be followed in such a situation. A case under the hostile work environment theory we usually be without merit unless it can be shown that the harassment was reported to your employer and your employer neglected to remedy the problem. Otherwise, the employer can defend on the grounds that he was unaware of the harassment, or that you made no reasonable attempt at showing the behavior was unwelcome. It is also advisable to bring a trusted friend to witness you reporting the incident to employer, and in addition to send him an email and save it your own computer for proof. However, under the Illinois Human Rights Act, an employer will be strictly liable any time a manager engages in conduct that can deemed sexual harassment. This is pursuant to recent holding by the Illinois Supreme Court.
Lastly, a case for retaliation may be made by any person who is terminated, demoted, denied a promotion, or suffers in any way in the terms of his or her employment as a result of reporting or complaining about an incident of sexual harassment. Even if the person complaining was not the victim of the harassment, a case for retaliation will have merit if it can be shown that the person received such treatment in retaliation for his or her report or complaint. Often the mere proximity in time between the complaint and the employee's discharge can be sufficient to state a case for unlawful retaliation. However, as mentioned before, it is crucial that evidence that you maid the complaint be preserved in some way.
If you feel you are being harassed, you do not have to put up with it! Call an attorney with experience in handling sexual harassment cases. Call the Law Office of Ryan Scott Nalley for a free telephone consultation today.