The training program must either use a model sexual harassment prevention training program developed by the Illinois Department of Human Rights (Department) or another program equivalent to the Department’s program.

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10 0 obj <> endobj We serve the following localities: Cook County including Arlington Heights, Barrington, Berwyn Township, Chicago, Des Plaines, Glenview, Orland Park, Palos Park, Schaumburg, and Tinley Park; DuPage County including Downers Grove, Naperville, and Bolingbrook; Kane County including Aurora, Elgin, and Geneva; Lake County including Waukegan; and Will County including Joliet. I Read and Agree to the Disclaimer (Required). Protects employees of restaurants and bars H��TMk�@�ϯ�S��Z��|C)$M����-�7m�v����'���X��@v7��}��==i$�>�y=�[A��%B���AZc m�1Ɉb@4�]�՗��'q*��X�b���09M�ٲт%2Y�a�&�C�[4|��di�2�s5����������U����`TLJz� )h7k}Q����'��p� s9�'*�!Y�~ƘC3��#�d�����#�d�ZN�cE������\2�('B��[�c�t����N%T��l���_uyW͋�N����6���!��O��K+�7c�����7��=)!��R�:��ow:APW��L���!�{�fއ�g���ȕ���jP7{�6��j)̜����CTw�+���PV��v�v. However, the parties may agree mutually in writing to a confidentiality provision in a settlement or termination agreement regarding unlawful employment practices so long as the following conditions are met: Current, former and prospective employees who successfully challenge the validity and enforceability of an agreement under the WTA are entitled to costs and attorney’s fees. Victim Economic Security and Safety Act (VESSA) Review and modify harassment and discrimination policies and procedures to comply with expanded protections and obligations, including dual language requirements. Beginning on July 1, 2020, the WTA places a new obligation on employers to disclose annually to the Department any final, non-appealable, adverse judgment or administrative ruling against it in the preceding year for any discrimination, harassment or retaliation actionable under the Act in favor of an employee or nonemployee to whom the employer owes a duty under the Act. My Chicago office is seeing a rise in retaliation claims as a result of the bad economy. The law expands protections under the Victim Economic Security and Safety Act and the Hotel and Casino Employee Safety Act. The Illinois Uniform Arbitration Act was similarly amended to require arbitration agreements to comply with the provisions of the WTA to be enforceable, with exceptions for hospitals and health care providers. Chicago Sexual Harassment Attorney Answers Common Questions, Employee Training and Sexual Harassment Prevention, Discrimination - Civil Rights & Employment.

Settlement or termination agreements with unilateral provisions barring disclosure of harassment, discrimination and retaliation are prohibited. The mandatory disclosure requirement includes a sunset provision repealing the disclosure obligation as of January 1, 2030. Attorney Peter LaSorsa can help you with the following: Employee rights issues;Sexual Harassment;Title VII actions;Gender discrimination, including equal pay and promotion ("glass ceiling") matters;Racial discrimination;Sexual orientation discrimination;Age discrimination;Discrimination against individuals with disabilities;Voting rights;First amendment rights of free speech and protest;Equal Employment Opportunity Commission("EEOC") complaints;Illinois Department of Human Rights ("IDHR") complaints. %%EOF The WTA significantly extends a cause of action for harassment to cover unwelcome conduct based on an individual’s “actual or perceived” race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, sexual orientation, pregnancy, unfavorable discharge from military services or citizenship status that substantially interferes with work performance or creates an intimidating hostile or offensive working environment. I don't charge unless you recover. 0000010730 00000 n Subscribe to receive Husch Blackwell’s news and insights.

Usually the employer will not tell you they are engaging in retaliation but rather will try to find "legitimate" reasons to discipline you or fire you. I represent individuals throughout in the state of Illinois when they have been terminated or otherwise had negative job actions as a result of reporting discriminatory conduct. Based on the data submitted by employers, the Department will prepare an aggregated report regarding the number of adverse judgments and rulings categorized by each protected characteristic over the preceding calendar year to the General Assembly and the public.

0000022196 00000 n Under Title VII of the Civil Rights Act of 1964 any employee who cooperates with an internal investigation of discrimination has protection. <<3147489CFF388740A1AE6C5ADE2A4017>]>> Attorney Peter LaSorsa is not afraid to fight large corporations on your behalf. Gender violence is defined as violent or aggressive acts that are committed at least in part on the basis of a person’s actual or perceived gender or sex and that constitute a criminal offense. Review all employment, settlement, termination, and related boilerplate agreements to remove language excluding disclosure of harassment, discrimination, and retaliation claims. 0000025125 00000 n Article 3 - Real Estate Transactions. Employers will be held liable to non-employees and employees for harassment by non-managerial, non-supervisory employees to the extent the employer is aware of the harassment and fails to take corrective action. 0000008822 00000 n Additionally if you are called into human resources as part of an investigation and you are truthful and then disciplined you have a retaliation claim. startxref

0000037966 00000 n First, the Illinois Human Rights Act previously applied to employers with 15 or more employees. The agreement is mutually agreed to by both parties and is the documented preference of the current, former or prospective employee; The agreement applies only to claims arising before the execution of the settlement or termination agreement; The agreement is supported by valid bargained for consideration; No waiver of unlawful employment practices exists for events that occur after the execution of the agreement; The agreement provides the current, former or prospective employee 21 days to consider the agreement and to consult an attorney prior to execution; and. Maintain a list of final, non-appealable, adverse judgment or administrative rulings relating to claims of harassment, discrimination and retaliation that complies with the WTA’s  mandates and prepare a template to use for filing with the Department. Article 1 - General Provisions. Hotels and casinos must determine the appropriate communication device to provide to employees when working alone and must review and modify harassment policies. 0000090990 00000 n The Law Offices of Peter M. LaSorsa, P.C. 0000010112 00000 n Workplace retaliation is when an employer takes a negative action against an employee for exercising their rights under employment laws. The Illinois Human Rights Act The WTA makes several changes to the Illinois Human Rights Act (Act) as explained below: ... harassment or retaliation actionable under the Act in favor of an employee or nonemployee to whom the employer owes a duty under the Act. 0 0000001196 00000 n

If an employee complains about discrimination in the workplace and an employee takes any adverse action against the employee, there may be a retaliation claim. The WTA adds new provisions protecting employees who work in restaurants and bars from sexual harassment. Retaliation | Chicago Hostile Work Environment Lawyer Peter M. LaSorsa. Definitions. They do this so when the case goes to trial they can claim the fired employee is just saying things because of sour grapes. So for example if you go to human resources and complain that your boss is hitting on you and then a week later your work seems to be called into question, this would seem to be retaliation. What Comments Constitute Sexual Harassment In Chicago? Illinois Human Rights Act; Proposed Rules; Request for Review Orders; State Agency Liaison Unit; Public Contracts - IDHR PC1 Number. 0000048669 00000 n As a caveat, the WTA provides that the prohibition on waivers and arbitration agreements applies “to the extent” the agreement “denies … a "substantive" or "procedural" right or remedy related to an unlawful employment practice.” The lack of clarity in arbitration law over the meaning of the terms substantive and procedural rights as well as difficulties reconciling the arbitration provisions of the WTA with the Federal Arbitration Act will result in litigation to determine the extent to which the WTA’s arbitration provisions are enforceable. Should You Give Human Resources Your Cell Phone With Text Messages On It? Tracey Oakes O'Brien was a contributing author of this content. Protects non-employees and employees from co-worker harassment