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…

On Friday, August 10, 2018, Governor Rauner signed two new legislative measures in the attempt to end sex harassment at the Capitol and elsewhere. House Bill 4243 takes effect immediately and forbids tax dollars to be used to settle sex harassment claims. The goal is to prevent lawmakers and their staff from using public monies…

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? LAYER OF LEGAL PROTECTION: Workplace dating is…

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! What can an employer do to reduce the risk of sexual harassment claims? The key is sexual harassment prevention training. Simply having a written…

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…

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. As a management-side labor and employment law firm, the attorneys in our law firm frequently receive calls from clients wanting…

Fear, emotionally charged perspectives on the Trump administration’s immigration policy and deeply embedded religious views are all topics ripe for disagreements possibly escalating into use of slurs, threats and insults. The workplace, where many of us spend the majority of our weekdays, is one place where these agreements may percolate to a dangerous boiling point.…

In a February 9, 2017 Decision (Glenda Cable v. FCA US LLC, case number 16-2283), the United States Court of Appeals for the Seventh Circuit located in Chicago (“the Court”) found that Fiat Chrysler Automobiles (“Fiat”) was not liable for racial harassment. THERE WAS RACIAL HOSTILITY IN THE WORKPLACE: What makes this case particularly interesting…

To protect the Company from becoming a defendant in a devastating lawsuit, all managers and supervisors must be carefully and periodically trained to recognize workplace harassment, discrimination, and retaliation. COURTS LOOK TO SEE WHAT EMPLOYER DID TO HANDLE ALLEGED HARASSMENT: Without the proper and extensive training of managers and supervisors, an employee’s harassment complaint may…

There are very few, if any, individuals who are unaware of the well-publicized recent scandal involving Los Angeles Clippers owner, Donald Sterling. Certainly, Mr. Sterling’s unfortunate comments have resulted in unprecedented penalties from the NBA and, in all probability, are the result of the very enflamed situation that grew from a bonfire to a forest…