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DuPage County sexual harassment attorney workplace discrimination

By now, most people are fully aware that sexual harassment is a type of workplace discrimination that should not be tolerated. When it becomes public knowledge that a company or employer allowed such harassment to continue, that company is often the subject of public scrutiny and boycotts in addition to claims for damages by the victims in question. But, what about the victims themselves? Unfortunately, being a victim of sexual harassment can cause a variety of health issues that could last for many years to come.

Mental Health Concerns

The laws that address sexual harassment in the United States are primarily focused on the responsibility of employers to prevent, identify, and address instances of sexual harassment as a form of employment discrimination. The reality, however, is that the behaviors that constitute sexual harassment are actually forms of physical or emotional abuse. Therefore, it should come as little surprise that sexual harassment victims often suffer serious mental health effects.

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DuPage County divorce attorney spousal maintenance

Spousal maintenance, spousal support, and alimony are all terms used to describe payments that one spouse may be ordered to pay to the other spouse as a result of a divorce. Typically, spousal maintenance is awarded when one spouse lacks sufficient income to support themselves in the lifestyle they have grown accustomed to during the marriage. Spousal maintenance may be awarded based on the directions contained in a prenuptial agreement, postnuptial agreement, or other valid marital agreement or it may be awarded on a case-by-case basis by the court. If you have reason to believe that you or your spouse will have to pay spousal support, you may have many questions about the amount and duration of the payments.  

When Does an Illinois Court Award Spousal Support?

If no valid marital agreement describes a spouse’s maintenance obligation, the court will decide whether or not maintenance is appropriate and necessary by weighing a number of factors. These factors typically include but are not limited to:

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Chicago sexual harassment lawyersSexual harassment is a type of sex-based employment discrimination that violates both federal and state law. The Equal Employment Opportunity Commission estimates that about one out of every four U.S. workers have been affected by sexual harassment at work. Nobody should have to tolerate sexual harassment. However, it often goes unreported due to misinformation and fear of retaliation. Although it is expressly against the law for an employer to retaliate against a worker for making a harassment or discrimination complaint, it is not uncommon for an employer to exact revenge on an employee for reporting sexual harassment. When an employee suffers some type of harm or injury due to sexual harassment, a sexual harassment lawsuit may help him or her receive compensation.

When is a Successful Sexual Harassment Claim Possible?

There are two types of sexual harassment claims according to the law: hostile work environment harassment and quid pro quo harassment. The former involves sex-based or derogatory communication and behavior while the latter involves a superior attempting to gain sexual contact in exchange for work-related advantages.

When an employee suffers sexual harassment, he or she should report the harassment to the appropriate individual or department—typically the human resources department. If the employer does not address the harassment and take steps to prevent further harassment, the company may be liable for damages. It is important to note that an employer cannot take steps to address sexual harassment if he or she is not aware of the issue.

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Wheaton family law attorneysSharing parental responsibilities and parenting time of a child with another parent can be full of challenges and disagreements. One issue that many parents struggle with is parental relocation. When one parent wants to move a significant distance away, the other parent may be concerned about how this will affect the allocation of parental responsibilities and parenting time. If you or your child’s other parent are planning to move, make sure to familiarize yourself with the laws regulating parental relocations in shared parenting situations. Depending on the distance between the parent’s current residence and the new residence, the relocating parent will likely be required to petition the court for a modification to their divorce decree.

What Counts as a Parental Relocation?

If a parent is moving only a short distance away, the move may not need to be approved by the court. According to Illinois law, a parental relocation is one in which a parent with a greater or equal share of parenting time moves to a new residence and one of the following is true:

  • The child’s current residence is in Cook County, DuPage County, Lake County, Will County, Kane County, or McHenry County and the new residence is further than 25 miles away.
  • The child’s current residence is in any other Illinois County and the new residence is further than 50 miles away.
  • The child’s current residence is in any Illinois County and the new residence is further than 25 miles away and is outside of the State of Illinois.

Requirements When a Parent Moves a Significant Distance Away

If the move meets the criteria for a parental relocation, the parent who is intending to move must give the other parent written notice of the move at least 60 days in advance. He or she must inform the other parent of the address of the new residence, the intended moving date, and how long the he or she plans to live at the new residence. If the other parent agrees to the move and the court finds that the move is in the child’s best interests, the court will allow the parents to make the necessary modifications to the divorce decree.

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b2ap3_thumbnail_stop-retaliation-sexual-harassment-whistleblower.jpgMost people know that sexual harassment is against the law. However, many do not realize that it is also illegal for an employer to retaliate against an employee for reporting sexual harassment. Retaliation can take many different forms, but most involve the employee receiving some type of negative work-related consequence. If an employer retaliates against an employee for filing a sexual harassment complaint, the employee may be entitled to damages. 

You Have a Right to Oppose Unlawful Practices

Equal Employment Opportunity laws prohibit employers from retaliating against employees who report EEO violations. It is unlawful for an employer to take adverse action against a job applicant or employee who:

  • Complains or threatens to complain about sexual harassment or discrimination
  • Refuses to follow an order that is reasonably thought to be discriminatory
  • Gathers information or evidence from coworkers about a potential EEO claim or
  • Participates in an investigation into alleged sexual harassment or discrimination

When someone is the victim of sexual harassment, including hostile work environment harassment or quid pro quo harassment, he or she has a legal right to report the harassment. Whether it is a verbal complaint or a formal report with the Equal Employment Opportunity Commission, reporting sexual harassment is a protected act.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree