Protecting Employers Since 1985

Music as Harassment – Will the Real Slim Shady please … sit down?

By Alan E. Seneczko / January 31, 2024

Have you ever wondered whether some hip-hop music, with its misogynistic, sexually graphic lyrics and frequent use of the “n-word,” could form the basis of a harassment claim if played in the workplace? If so, you now have an answer. In Sharp v. Activewear, L.L.C., 69 F.4th 974 (9th Cir. 2023), the Ninth Circuit addressed…

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“Harassment” In the Next Generation

By Alan E. Seneczko / April 30, 2023

Time passes in the blink of an eye, as do changes in our culture and work environment. Just yesterday, I was counseling employers about new laws prohibiting discrimination against individuals with disabilities and requiring family leave, and managing employees in the “electronic” workplace, in a world of social media. Now that’s old news, with established…

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Illinois Restaurant and Bar Owners – Good News: The IDHR Has Released Its Supplemental Model Training PowerPoint for Restaurants and Bars

By Jennifer Adams Murphy / December 18, 2020

For Illinois restaurant and bar owners who have experienced an overwhelmingly difficult year due to COVID-19 shutdown orders and service restrictions, undertaking the new required employee sexual harassment training may seem unnecessary.  However, even if you are running on a lean staff and only providing take-out/delivery service, this training must still be completed by year…

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Finally! The Illinois Department Of Human Rights Has Posted Helpful Information About Their Upcoming Sexual Harassment Prevention Training Module!

By Nancy E. Joerg / February 21, 2020

Under the Illinois Workplace Transparency Act, ALL Illinois employers are now legally required to train every employee each calendar year. This new law became effective on January 1, 2020. By December 31, 2020, Illinois employers must have trained all their employees. Every employer with employees working in the State of Illinois (even if the employer…

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Internal Harassment Complaints

By Walter J. Liszka / December 4, 2019

With the advent of the Me Too Movement and the extensive number of harassment complaints that have been played out in the public forum by the news media, an Employer, on a daily basis, can be confronted with an internal harassment complaint that requires prompt and accurate action by the Employer. Since the Complaint allegedly…

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Illinois Workplace Transparency Act

By Walter J. Liszka / August 26, 2019

On June 2, 2019, the Illinois General Assembly approved the Workplace Transparency Act providing certain protections concerning sexual harassment in the workplace and imposing significant new obligations on Illinois Employers. This Bill was signed into law by Governor Pritzker in June 2019 and the provision of the new bill become effective January 1, 2020. The…

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Alert: Pending Legislation in Illinois to Require Sexual Harassment Training of all Restaurant Employees

By Anthony J. Caruso Jr. / April 4, 2019

On February 15, 2019, a proposed bill was introduced in the Illinois House by State Representative Ann M. Williams. This legislation is called the Restaurant Anti-Harassment Act. As of March 29, 2019, this bill is pending before the Rules Committee. What would the Restaurant Anti-Harassment Act REQUIRE? · Restaurants would be required to have an…

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Rumors of “Sleeping Your Way to the Top” Can Constitute Sex Discrimination

By Alan E. Seneczko / March 15, 2019

It remains an unfortunate, though persistent, stereotype in our society that women who advance in the workplace, especially those who do so rapidly and have a male superior, do so not by merit, but rather, because of a sexual relationship with their superior. In other words, they only obtained the position because they are “sleeping…

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Sexual Harassment and Stalkers

By Alan E. Seneczko / October 29, 2018

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…

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Sexual Conduct Does Not Always Constitute Sex Discrimination

By Alan E. Seneczko / September 26, 2018

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. In Smith v. Rosebud Farm, Inc., Case No. 17-2626 (7th Cir. Aug. 02, 2018), the Seventh Circuit Court of Appeals, which governs Illinois, Wisconsin and Indiana, recently revisited…

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