Protecting Employers Since 1985
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…
Read MoreUnder 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…
Read MoreWith 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…
Read MoreOn 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…
Read MoreOn 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…
Read MoreIt 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…
Read MoreLast 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…
Read MoreWait, 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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