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Illinois sexual harassment attorneysThe issue of workplace sexual harassment is no longer a concealed topic. More and more brave victims are coming forward and saying “enough is enough” with regard to the discriminatory and humiliating problem of sexual harassment. However, there are still many myths and misunderstandings surrounding sexual harassment.

If you have experienced any version of sexual harassment at work, you should know that you do not have to tolerate this behavior. Both state and federal laws prohibit employers from retaliating against an employee who makes a sexual harassment complaint. If you make a sexual harassment complaint to a superior and you are fired or otherwise “punished” for speaking up, you may have a valid retaliation claim.

Sexual Harassment is Not Always Easy to Recognize

In television and movies, sexual harassment is usually extremely blatant and obvious. However, real life examples of sexual harassment are not always easy to identify. For example, many people incorrectly assume that sexual harassment only involves unwelcome sexual advances or demands for sexual contact of some kind. However, sexual harassment can also include unfair treatment or derogatory comments or behavior which is directed toward someone because of their gender. A superior who makes disparaging remarks about men or women could be guilty of sexual harassment even if the comments were not actually sexual in nature.

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DuPage County family law attorneysIn Illinois, divorcing parents who wish to share parental responsibilities and parenting time of their children must draft a document called a Parental Allocation Agreement or parenting plan. This agreement describes the official allocation of parental responsibilities, formerly called custody, and parenting time, formerly called visitation, between the two parents.

Typically, parenting agreements also contain information about how the child will be raised, how major decisions about the child’s life will be made, and provisions regarding any future proposed changes to the shared parenting arrangement. All Illinois parenting agreements must include a provision describing how “the right of first refusal” will apply to the parents. Read on to learn about this important provision as well as how the right of first refusal can affect the way you share parenting time of your child after an Illinois divorce.

Maximizing Each Parent’s Parenting Time

Except for in cases involving child abuse or other special circumstances, Illinois courts encourage parents to spend as much time with their children as possible. Many studies show that children are healthier and happier when both of their parents are actively involved in their life. In order to help parents maximize their parenting time in situations involving divorced or unmarried parents, Illinois parenting agreements include a provision called the right of first refusal. This provision states that when a parent cannot fulfill his or her parenting time obligation, they must contact the other parent to see if the other parent wishes to have the child stay with them.

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Illinois sexual harassment attorneyEveryone deserves to work in a place that they feel safe and respected. Unfortunately, sexual harassment continues to be an issue in workplaces in Illinois as well as across the country. Sexual harassment is a type of employment discrimination protected against by state and federal law.

The two main types of sexual harassment are quid pro quo harassment and hostile work environment harassment. Just as the name implies, hostile work environment harassment occurs when sexual or gender-related comments and behaviors become so intolerable, it makes an employee unable to do his or her job. However, it can be difficult to know exactly what types of actions constitute hostile work environment sexual harassment.

Examples of Hostile Work Environment Sexual Harassment

There are nearly countless actions which could be considered sexual harassment. Sometimes hostile work environment sexual harassment includes unwelcome sexual or romantic advances. For example, if a person’s coworker constantly asks him or her on dates or makes comments like, “When are you going to finally go out with me?” this could potentially be harassment. Unwanted physical contact can also be considered sexual harassment. Employees who do not wish to be touched, hugged, or receive shoulder rubs or other physical contact should have the right to be free from such touching at work. Repeated inappropriate jokes or comments about a person’s body, sexuality, sexual orientation, or gender can also constitute sexual harassment.

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Wheaton family law attorneyIn Illinois, when a married couple has a baby, the husband of the woman who gave birth to the child is presumed to be the father of that child. However, when an unmarried couple has a child together, this presumption is not made. The process through which an unmarried father becomes the legal parent of a child is called “establishing paternity” or establishing parentage. If you wish to establish paternity of your child in Illinois, read on to learn how.

Benefits of Establishing Paternity

There are a multitude of benefits to establishing paternity. A father who has become the legal parent of his child gains the right to pursue parenting time, or visitation, with the child and develop a loving parent-child relationship. In some situations, the father may also be able to obtain legal custody or parental responsibilities of the child. While courts rarely take custody or parental responsibilities away from an established parent unless that parent has shown to be abusive, neglectful, or otherwise unfit to parent, a legal father could start by asking for a share of the parenting responsibilities.

Establishing paternity also ensures that the father is the first point of contact for the child if a tragedy occurred, such as the mother’s death or serious accident. Fathers who are established as the legal parent of their child are usually obligated to pay child support. If an unmarried mother wishes to pursue child support from the child’s father, he must be formally established as the child’s legal parent first.

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Illinois sexual harassment attorneysFor many of us, our career is more than just a paycheck. It is also what gives us purpose and helps us grow as a person. When you have worked hard to get a certain job, you may be willing to do almost anything to keep it. Unfortunately, some employers take advantage of this and attempt to gain sexual favors from their employees. To be clear, asking an employee for sexual contact in exchange for workplace benefits is illegal sexual harassment. If you have faced this situation, you should know that you are not alone and that there are resources to help you.

Quid Pro Quo Sexual Harassment

The two main types of sexual harassment under the law are hostile work environment harassment and quid pro quo harassment. Quid pro quo is a Latin term which means “this for that.” Quid pro quo harassment occurs when an employer, boss, or supervisor attempts to trade sexual contact for work benefits. This type of harassment can happen when an employer makes sexual activity with a prospective employee a requirement for getting the job or it can happen when a current employee is solicited by a superior.

Sexual Harassment May Be Subtle

This type of harassment does not have to be explicit. Even the implication that sexual activity will result in work benefits or continued employment may be enough to meet the legal definition of sexual harassment. For example, if a boss makes a sexual advance toward an employee and says something like, “I know you cannot afford to lose your job,” it is reasonable to assume the boss means that he or she will fire the employee if the employee does not agree to the sexual contact.

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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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