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Harassment Archives

Sexual Harassment and Stalkers

Last month I wrote that conduct that is sexual in nature does not necessarily constitute sexual harassment unless it is directed at a person because of his or her sex. But what about conduct that is not necessarily sexual in nature, but really creepy? In other words, can stalking be considered sexual harassment, even if it is not overtly sexual? If so, can an employer be liable when a customer or some other third party is doing the stalking? In a recent case involving Costco, the Seventh Circuit unequivocally found that it can and was.

Sexual Conduct Does Not Always Constitute Sex Discrimination

Wait, what? If the conduct directed at an employee is sexual in nature or has sexual connotations, doesn't that automatically make it unlawful sexual harassment? Not necessarily.

Love Contracts And Policies On Office Romance: What Can An Employer Do?!

There has been so much written lately both in gossip columns and legal (and standard) news about sex harassment in the workplace. Employers are understandably quite nervous about dating among co-workers. Can it lead to lawsuits? When does it deteriorate to sex harassment? What should an employer do?

"Me Too" Movement and "Hush Money"

With the ever increasing coverage and commentary regarding sexual harassment issues (even Speaker Mike Madigan's office recently) there have been two (2) very interesting developments in the arena of sexual harassment/sexual abuse that Employers should be aware of.

Can a Great Human Resources Department End Sexual Harassment in Your Company?

Unfortunately, no. The answer to stopping sexual harassment problems in a company is more complicated and difficult than just hiring an extremely dedicated and motivated Human Resources Department. Every person in the Company must be fully trained to understand the total unacceptability of sexual harassment (and, at the most basic level, fully understand what sexual harassment is-and how to complain when observing and/or experiencing it).

Private employers should have sexual harassment prevention training to prevent a "#MeToo" moment

Unfortunately, claims of sexual harassment are happening everywhere in today's society. Hollywood, Washington, DC and New York are prime examples. Illinois employers, don't be naïve - it happens in Illinois too!

Keeping Sexual Harassment Out of Your Workplace

Over the past few months (and if you go back a little longer, over the past few years), allegations of sexual harassment have permeated the media. Whether it be Bill Cosby, Harvey Weinstein, Bill O'Reilly, Al Franken, or Roy Moore, the media has had a field day in discussing sexual harassment issues. There have been numerous articles written about why "our culture" has allowed this phenomenon to exist. From the extremely high judicial standard in the Courts establishing within the Law proof of sexual harassment, to the fear of individuals to report sexual harassment because of its disdain, potential skepticism and shunning of the alleged victim, to the inability to fully investigate and document claims, all have been analogized as potential problem areas giving rise to the persistence of sexual harassment.

Sexual Harassment Protection - Chicago Style

The highly questionable activities of Harvey Weinstein and others have caused the City Council of the City of Chicago to make significant changes to its laws in an effort to reduce sexual harassment. As a result of a recent survey of numerous hotels in the Chicagoland Area, which asserts that more than half of the women surveyed were allegedly sexually harassed or assaulted on their job, the Chicago City Council passed an Ordinance with the intent of protecting Hotel Workers.

Common Risky Employer Mistakes in a Workplace Investigation

The need for workplace investigations usually arises suddenly and without warning. Company management receives a complaint (most commonly a sex harassment complaint or a complaint of discrimination) and often does not know how to proceed.

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