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DuPage County sexual harassment attorney quid pro quo

There are two main categories of sexual harassment under Illinois law: hostile work environment harassment and quid pro quo harassment. A hostile work environment is caused by severe or pervasive remarks and behavior of a sexual, demeaning, or discriminatory nature, which affect a person’s ability to do his or her job. Quid pro quo harassment occurs when a person of authority such as a supervisor or boss uses his or her position to gain sexual contact with an employee or job candidate. This unlawful behavior often goes unreported in part due to the general public’s misunderstanding of what quid pro quo actually is and what they can do if they have been a victim of quid pro quo sexual harassment.

Requests for Sexual Favors Do Not Have to Be Explicit

Most of the perpetrators of quid pro quo sexual harassment are aware that their behavior is illegal and could potentially cost them their job. Consequently, most employers, supervisors, managers, or other authority figures do not explicitly ask employees for sexual favors. Instead, they imply that the employee would gain some type of benefit if he or she complied with the perpetrator’s offer for romantic or sexual contact. For example, a hiring manager may ask a job candidate out on a date during a job interview and imply that if the prospective employee goes on the date, he or she will have a better chance of getting the job.

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DuPage County wrongful termination attorney sexual harassment

Sexual harassment may involve inappropriate, demeaning, or sexually explicit speech and actions at work. It may also involve an employer, supervisor, manager, or another person of authority using his or her position to solicit sexual contact from applicants or employees. Whether it is hostile work environment harassment or quid pro quo harassment, sexual harassment violates federal, state, and local laws.

Discrimination and harassment are not only immoral, but they can also cost victims their livelihoods. If you have been a victim of workplace sexual harassment, you may be considering filing a sexual harassment lawsuit and pursuing compensation for your damages. The exact amount you can gain from a successful sexual harassment claim varies significantly depending on the facts of the case and the type of harm caused by the harassment.

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Illinois sexual harassment attorneysIt is an unfortunate reality that sexual harassment allegations are prevalent in the restaurant industry. In fact, over 14 percent of the 41,250 sexual harassment claims filed between 2005 and 2015 in the U.S were in the food service and hospitality sectors. One study found that 40% of women have experienced unwelcome sexual behaviors while at work. Fortunately, public perception of sexual harassment is changing, and many behaviors which were once tolerated are no longer socially acceptable.

Close Proximity and Availability of Alcohol May Contribute to Harassment Risk

There are several reasons that sexual harassment is such an issue in the food service industry. In some circumstances, restaurant owners or chefs have absolute power. If a chef who brings in massive revenue for the restaurant sexually harasses a server, the restaurant may simply fire the server. Employees who are unaware of their legal rights may assume they must tolerate unwanted attention because their immediate boss will not stop it. This is worsened by the fact that many young people work in restaurants. A young teenager at their first job may assume that all work places involve inappropriate behavior since they have no other work experience to use as a comparison. The close quarters of many restaurants can also increase the prevalence of sexual harassment. Employees who work at bars and restaurants with alcohol may have the greatest risk of being sexually harassed because of the inhibition-lowering effects of drinking.

Employers Can Be Held Liable if They Allow Employees to be Sexual Harassed

Many servers, bussers, cashiers, and other restaurant workers have experienced instances when a customer did or said something that made them feel very uncomfortable, but they did not say anything for fear of losing tip money. While customers acting inappropriately toward an employee itself is not considered unlawful sexual harassment, if it is reported and the employer does nothing to stop it, the employee can bring a claim of hostile work environment sexual harassment against the employer.

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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