Category Archives: DuPage County Blog

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 divorce attorney asset division

Millions of adults struggle with addiction and substance abuse problems in the United States. Sadly, drug and alcohol addiction can make someone a shell of who he or she was before the addiction began. Being married to an alcoholic or drug addict is often just as miserable as having the addiction yourself. In some cases, salvaging a marriage that has been devastated by drug and alcohol addiction is simply not a possibility. If you are planning to divorce your spouse and he or she has a substance abuse problem, it is important to educate yourself about how your spouse’s addiction may influence your divorce case.

Addiction May Impact Asset Division

Illinois is now a pure no-fault state when it comes to divorce. This means that you will not list your spouse’s addiction or any other fault-based grounds as the reason for your divorce. When you petition the court for a dissolution of marriage, the only ground available to you will be “irreconcilable differences.” However, your spouse’s addiction still has the potential to influence your divorce settlement. If your spouse spends a great deal of money or sells any property to finance his or her addiction, you may have a valid dissipation claim. Dissipation occurs when a spouse uses marital funds for a purpose that does not benefit the marriage after the marriage has begun to experience an “irretrievable breakdown.” The funds your spouse spends on drugs or alcohol during the end of your marriage may be considered dissipated assets. This means that you may be entitled to a proportionally greater share of the marital assets during property division as a form of reimbursement.

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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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DuPage County divorce attorney parenting plan

As a part of the divorce process, divorcing parents are asked to create a parenting plan and submit it to the court. The parenting plan is a detailed description of numerous different child-related issues. Reaching a decision about each element of the parenting plan is an essential part of establishing each parent’s legal rights and responsibilities. A well-written parenting plan can also help prevent disputes about these rights and obligations in the future. However, parents sometimes struggle to see eye to eye about the issues contained in the parenting plan.

Elements Required in an Illinois Parenting Agreement

There are several different issues that all Illinois parenting plans must address. You will need to decide how you intend to make significant decisions about your child, including decisions about his or her education, religious upbringing, health needs, and extracurricular activities. Another major component of the parenting plan is a parenting time schedule which dictates where the child will live on given days. Parents must also describe how the child will be transported between the parents’ homes. The parenting plan will include provisions about each parent’s right to access important child-related information such as the child’s medical records and school reports. Provisions addressing potential future modifications of the parenting plan, any future parental relocations, the right of first refusal, and several other matters are also typically addressed.

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DuPage County sexual harassment attorney

Anyone who has experienced sexual harassment at work will tell you that it takes a great deal of courage to report the harassment. Victims of discrimination or harassment may worry that their supervisors and colleagues will not believe them or even resent them for reporting the unlawful mistreatment. An even greater fear is that reporting sexual harassment will get them demoted or fired. Fortunately, Illinois law prohibits employers from retaliating against employees who file sexual harassment complaints. However, recognizing the actions or behaviors that may be considered retaliation is not always easy.  

Understanding Sexual Harassment Laws

Sexual harassment is a form of sex-based discrimination prohibited by The Civil Rights Act of 1964 and several other federal and state laws. A worker creates a hostile work environment when he or she repeatedly makes derogatory comments, remarks, or jokes about a person’s body, sexuality, or gender. Displaying sexually explicit material in the workplace, making repeated unwanted sexual advances, and touching others without consent may also be considered sexual harassment. Quid pro quo sexual harassment involves a person of authority trading sexual contact for work-related benefits or continued employment. If you have been a victim of hostile work environment harassment or quid pro quo harassment, you have a legal right to report this harassment. Your employer is required to address the harassment and ensure that it does not continue to happen.

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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