Posted on April 14, 2020 in Main

In 1964, congress passed the Civil Rights Act which prohibits employment discrimination based on sex, religion, national origin, or race. In 1980, the Equal Employment Opportunity Commission (EEOC) specified that sexual harassment is considered a form of sex discrimination prohibited by the Civil Rights Act. Although workplace sexual harassment has been against the law for 30 years, many believe that the issue has never been taken as seriously as is has in recent years. Spurred by the social media #MeToo movement and a number of other events, more and more women and men are coming forward and reporting sexual harassment. Now, one of the biggest companies in the world is facing a major lawsuit regarding alleged systemic sexual harassment.

Workers Claim McDonald's Does Not Take Enough Action to Address Sexual Harassment

Recently, McDonald's staff in Florida announced that they were filing a $500 million sexual harassment lawsuit against the fast food chain. The two women named in the lawsuit have filed the suit on behalf of the 5,000 women who work at the Florida restaurants. They claim that many staff are subject to sexual and derogatory comments, jokes, and even physical assaults.

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 Posted on April 09, 2020 in Kane

“The best interests of the child” is one of the most common phrases in the realm of family law. A child's well-being, of course, should remain among the top priorities in proceedings for divorce, allocation of parental responsibilities, parenting time, non-parent visitation, and adoption. The challenge, however, is that determining what exactly constitutes a child's best interests is open to interpretation. As such, each parent may fully believe that they are acting in their child's best interests yet hold vastly different objectives regarding the outcome of the case.

Helping the Process

When you and your child's other parent cannot agree on a parenting plan or other arrangements regarding your child, the court is likely to offer several options. To start with, you may be required to participate in court-ordered mediation designed to help you and the other parent reach an agreement with the help of a third-party mediator. Mediation, however, is only possible in situations where both parties are willing and able to work constructively with one another.

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 Posted on April 07, 2020 in Main

Across the world, peoples' lives have been turned upside down by fears over the coronavirus. Events have been cancelled, restaurants are not allowing customers to dine in, and schools are closed. Although these changes are difficult for everyone, children may have an especially hard time coping. Children's anxieties about what's going on in the world may be especially intensified if they are also coping with their parents' divorce or other family law-related disputes. Fortunately, there are many steps that parents can take to reassure their children and help them deal with their fears and anxieties.

Keep Regular Routines

Not going to school or extracurricular activities may seem like a vacation at first, but many children quickly grow tired of staying at home isolated from their friends and schoolmates. Children may also have significant fears about the virus itself. They may worry for their own safety as well as the safety of their parents or grandparents. One way to help children feel more secure is to keep your routines as normal and predictable as possible. Keeping a consistent bedtime, morning routine, household chore schedule, and other routines will help the children establish a sense of normalcy.

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 Posted on March 25, 2020 in Main

If you are a single parent, you know just how hard it can be to manage child-rearing expenses on your own. In Illinois, both parents are responsible for the costs associated with raising a child – even if those parents who are divorced or never married. Child support is typically paid by the parent with less parenting time to the parent with more parenting time in order to share child-related costs between parents. Unfortunately, some parents do not take their child support obligation seriously. They skip payments, do not pay in full, or they use excuse after excuse to avoid financial responsibility. If your child's other parent is neglecting his or her child support obligation, a family law attorney can help.

Only Court-Ordered Child Support Payments are Enforceable

Some parents assume that they do not need to get a formal child support order from the court. They may think that establishing child support through the court is a waste of time and that they can simply agree on a child support arrangement casually. Unfortunately, the court has no authority to enforce “handshake” agreements for child support. This is why it is crucial for single parents to file an official petition for child support with the court. If you are a mother who is seeking child support from a father who is not listed on the child's birth certificate, you may need to establish legal paternity before you are eligible for child support.

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 Posted on March 19, 2020 in Kane

Marriages end for countless reasons. Sometimes, a married couple decides to divorce because one of the spouses has had an affair. Studies show that about 20 percent of men and 13 percent of women admit to cheating on their spouse during their marriage. If you are in this situation, you may wonder whether infidelity will influence your divorce proceedings. The answer will likely depend on your particular set of circumstances.

The Elimination of Fault-Based Divorce in Illinois

When a couple gets a divorce, the petitioner, or person requesting the divorce, must list the “grounds” or reasons for the divorce. In the past, Illinois allowed spouses to list fault-based grounds such as adultery, abandonment, or physical or mental cruelty as the reason for the divorce. However, all fault-based grounds have since been eliminated. Anyone seeking a divorce in Illinois must only prove that “irreconcilable differences” have caused the breakdown of the marriage and that efforts at reconciliation are not in the couple's best interests. This means that a spouse's adultery will not be listed as the reason for the divorce. However, this does not mean that adultery will not impact any divorce proceedings.

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 Posted on March 12, 2020 in Main

Over the last few years, sexual harassment and other types of sexual misconduct have become extremely hot-button issues, and for good reason. However, there is often a great deal of confusion regarding what the various terms used to describe the types of misconduct actually mean—at least when it comes to the law. For example, it is not uncommon to hear someone complain about being sexually harassed on the street or in a bar, but “sexual harassment” is not a criminal offense in Illinois. There may be other criminal offenses that encompass harassing behavior of a sexual nature, but none is called “sexual harassment.”

Sexual harassment, according to its legal definition, is a type of sex-based employment discrimination, and it includes several kinds of behavior. A manager who requests sexual favors in return for a promotion or workplace perks may be guilty of sexual harassment. Similarly, a group of workers who foster an environment of sexually-charged comments and jokes could also be committing acts of sexual harassment. If you have experienced sexual harassment at work, you have the right to take action, and such action could eventually take the form of a lawsuit. But, should you sue just your employer? Or, should you name individual managers or supervisors and attempt to hold them personally liable as well?

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 Posted on March 05, 2020 in Kane

There is absolutely no question that domestic violence continues to be a major problem in today's society. In fact, there are a number of studies that suggest that the issue may be even more serious than previously acknowledged, including many under-reported cases involving male domestic abuse victims. The physical, psychological, and emotional damage caused by violence against an intimate partner or family member can rise to tragic levels, often requiring years of recovery if and when a victim can escape an abusive situation. It is for exactly these reasons that intentionally false allegations of domestic violence are so disturbing, and such allegations can substantially affect the outcome of family-related legal concerns.

Impact to the Falsely Accused

Under Illinois law, an emergency order of protection can be issued by a judge based solely on the testimony of a victim. In a situation where there is actual violence or the threat of violence, this is entirely necessary. However, when a parent or spouse brings false allegations of violence before the court, an emergency order of protection can affect a completely innocent person. Depending upon the details included in the claim, the order can potentially prevent the accused from remaining in his or her home, seeing his or her children, or even going about the normal business of daily living. An emergency order of protection can remain in effect for up to 21 days, or until a re-hearing on the matter can be scheduled, whichever comes first.

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 Posted on March 03, 2020 in Main

As a parent, you will always want what is best for your child. By law, you also have a number of rights and responsibilities related to his or her upbringing and support. Exercising your parental rights can be challenging in the wake of divorce, especially if your ex-spouse has been allocated a majority of the parenting time and decision-making authority. When your ex-spouse gets remarried, your situation can become even more challenging, especially if his or her new partner expresses interest in legally adopting your child. If you are concerned about your parental rights being threatened, there are some steps that you can take to protect yourself.

Stepparent Adoption Requires Consent

In order for your ex's new spouse to adopt your child, in most situations, you must grant voluntary consent. This means that you willingly terminate your parental rights and responsibilities for your child, as the law permits a person to have only two legal parents. A stepparent adoption is not a mere formality; it expressly transfers full parental authority and creates a legal parent-child relationship between your son or daughter and the stepparent.

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 Posted on February 28, 2020 in Main

Sexual harassment in the workplace continues to be a major problem throughout the United States. Hostile work environment sexual harassment and quid pro quo sexual harassment are in violation of the Civil Rights Act of 1964 as well as several other state, local, and federal laws. However, many victims of sexual harassment are afraid to report instances of sexual harassment because they have signed a non-disclosure agreement. If you or someone you know has suffered workplace sexual harassment, an experienced sexual harassment lawyer can help you understand your rights and ensure these rights are protected.

How Are Non-Disclosure Agreements Used in Sexual Harassment Settlements?

A non-disclosure agreement (NDA) is a legally binding contract that limits the information that one or more parties is allowed to share. NDAs are often used in business transactions such as business purchases so that a party cannot misuse confidential information it learns about a company. However, NDAs can also influence sexual harassment cases, as they are often used in sexual harassment settlements.

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 Posted on February 21, 2020 in Kane

Divorce can be very challenging, both emotionally and legally. Most divorcing spouses disagree about at least one divorce issue and may need professional help to reach a resolution. If you and your spouse are planning to divorce and you are struggling to reach an agreement about spousal support, parental responsibilities, parenting time, property division, or any other divorce-related concern, divorce mediation may be right for you. The mediation process offers an opportunity for spouses to negotiate divorce issues without the stress and animosity associated with litigation and offers a host of other benefits.

What Does a Mediator Do?

Divorcing spouses may agree to go to mediation voluntarily or the court may require them to participate in mediation. A divorce mediator is a neutral third party who has been specially trained on how to help resolve conflict. The mediator will not side with either spouse or make decisions of behalf of the spouses. Instead, the mediator helps identify the divorce issues which remain unresolved and facilitate productive negotiation and conversation about those issues. Ending a marriage can cause spouses to experience intense feelings of disappointment or resentment. These emotions can sometimes get in the way of productive conversation and cause divorce-related discussions to turn into arguments. The mediator helps the spouses stay focused on finding solutions rather than giving into negative emotions.

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