Archive for category: Sexual harassment

Forced Arbitration & Worker Safety – What is at Stake?

 

It is estimated that more than half of all American workers are subject to forced arbitration clauses. When this happens, employees can either choose to keep their jobs or sign a contract in which they forfeit their right to sue the company should a dispute arise. Signing an arbitration clause may also mean waiving the right to an appeal and, oftentimes, waiving the right to participate in a class action lawsuit.

The arbitration process means that rather than having employee disputes heard by a trial by jury, an arbitrator—or a neutral third party—will hear both sides and make the decision behind closed doors. This process typically favors the employer and keeps the issue out of the public eye.

When it comes to issues of sexual harassment or gender discrimination in the work place, these mandatory arbitration clauses become even more burdensome for employees. Meanwhile, a predatory culture of discrimination, intimidation and harassment is allowed to prevail at American workplaces.

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Illinois Congresswoman Rep. Cheri Bustos introduced a bill at the end of last year that would end forced arbitration in sexual harassment cases. The bill, named the Ending Forced Arbitration of Sexual Harassment Act of 2017, has drawn bipartisan support in both chambers of Congress. While other Congress members from Illinois, such as Sen. Dick Durbin and Rep. Luis Gutierrez have endorsed the bill, there still needs to be more widespread support for this bill.

At the Dinizulu Law Group, Ltd., our civil rights and personal injury lawyers firmly believe that the right to a trial by jury is vital to our justice system. Forced arbitration not only prevents victims from getting the justice they deserve but silences them through intimidation while allowing the abuse to continue.

If you believe you are being discriminated against at work or were demoted or fired for reporting inappropriate behavior, know that there are options for you. The Dinizulu Law Group, Ltd. has over 50 years of combined experience and expertise to help you get the justice you deserve. Contact us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

CNN: Sexual Assault Is More Common in Nursing Homes than Most Families Realize

CNN reports that nursing home abuse is a serious problem across the country, but most families don’t realize just how common it is. Nursing home residents are more vulnerable than the general population, and caregivers often take advantage of that vulnerability through abuse, negligence, or financial exploitation.

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How Common is Sexual Harassment?

A few months ago, a Chicago-based panel hosted by Justice Anne Burke discussed sexual harassment in the workplace. Stories range from severely aggressive encounters to the less obvious. For example, one woman explains how a man in a position of authority kissed her despite her obvious attempts to push him away. A national study quoted by panel participants indicates that 1 in 3 women are sexually harassed in the workplace, with a significant amount of those occurrences happening in the food services and hospitality industries.

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Sexual harassment takes many forms, and it may not always be obvious. While touching, groping, and indecent exposure may be obvious, jokes, inappropriate compliments or over sharing can also fall into the category of sexual harassment. This form of harassment is not just limited to women either. Data provided by the U.S. Equal Employment Opportunity Commission shows that between 1997 and 2011 between 11% and 16% of all sexual harassment charges were made by men.

Under Illinois Law You Must File your Claim Within 180 Days of Harassment

Under the Illinois Human Rights Act, the state has declared that as a matter of public policy, individuals should be free from sexual harassment in employment situations as well as in academic settings. It further defines sexual harassment as any unwelcome sexual advance or request for sexual favors either explicitly or implicitly. A sexual harassment charge must be made within 180 days of the incident, thus time is of the essence. If you have been the victim of inappropriate behavior in the workplace, you should contact our sexual harassment lawyers right away.

Experienced Attorneys Knows What to Look for in a Sexual Harassment Case

Proving that you were sexually harassed can be difficult as much of the evidence is based on one person claiming something happened and the other person saying that it did not. If you suspect that you are being sexually harassed, then you should document any occurrence and save any hard evidence that will help you prove your case. Additionally, the person you accuse of the harassment is prohibited from destroying records that may incriminate them but that does not always mean that they will act accordingly.

Our experienced sexual abuse attorneys will help you identify the evidence you need to build your case and will also look for any additional wrongful behaviors your harasser may be committing. At the Dinizulu Law Group, Ltd., our experienced and compassionate discrimination and sexual harassment attorneys in Chicago understand the laws prohibiting sexual harassment both in the state of Illinois and on the federal level. Please contact us right away if you suspect that you are falling victim to sexual harassment in any form. Our initial consultation is at no cost to you.

4 Boys Molested by Camp Counselor

 

 

Camps for kids are supposed to be fun.  Your child is supposed to create wonderful memories there.  However, inappropriate conduct by counselors and staff can taint their memories. What can you do if you suspect sexual abuse? Watch the video to learn more.

Unfortunately, the sexual abuse of minors is a big issue.  The adults in charge of children are supposed to offer support and guidance to campers while acting in an appropriate way, but hiring practices and negligent staff can sometimes lead to the occurrence of sexual abuse.

Let’s consider a hypothetical example.  Your teen is away at summer camp.  When they come home, they tell you that one of their counselors sexually abused them.  How could this happen?  The counselor was sneaky and targeted those boys who looked as if they lacked financial support.  The counselor coerced your child with candy and treats and employed various religious tactics to make them appear innocent to the campers and their families. They acted as he perfect predator.  How do we prove it?

In response, we first we have to talk to the counselor’s supervisor.  We see what they know and pull the employee’s file.  Upon investigation of the counselor’s file, we discover his application, where he was required to list references.  We ask the supervisor whether he had called the references.  We proceed with calling them ourselves to find out what they would say.  One reference tells us that the counselor is a predator and should not work with anyone’s children.  If the supervisor had called the references, he would have found that out and would not have hired the counselor.  Because of bad hiring practices, the case would be settled for a significant amount of money under a confidentiality clause which limits what can be said about the case after litigation.  Watch the video to learn more.

Dealing with sexual abuse can be difficult. The compassionate and experienced sexual harassment lawyers at the Dinizulu Law Group, Ltd. are on your side. If you have questions, please email or call us at 312-384-1920 or 1-800-693-1LAW.  Our Chicago sexual abuse attorneys are here for you. You may also find more videos and media content on sexual abuse from the Dinizulu Law Group, Ltd. on our media page.

How to Identify Sexual Harassment in the Workplace

 

Sexual harassment is a form of discrimination.  In the workplace, it is illegal under Title VII law.  So, how do you define it and what does it look like? Watch the video to learn more.

There are both federal and state laws the protect individuals from workplace sexual harassment. Title VII is the federal law that protects employees in businesses with 15 or more employees. Sexual harassment is defined as unwelcome sexual advances or conduct that interferes with an employee’s ability to work or that creates an offensive or a hostile workplace environment.  It happens across genders.

There are two forms of harassment to know about.  The first is quid pro quo.  This is when a person in charge demands that employees tolerate sexual conduct in order to keep their jobs or retain their access to things such as promotions.  One claim is usually enough to establish a quid pro quo case.

The second type of harassment is hostile work environment harassment. The conduct has to be repeated and deemed offensive enough to create a hostile work environment to have a legal backing. The court will take into account what type of conduct it was, the frequency of the conduct, whether or not he conduct was offensive, whether the harasser is a coworker or supervisor, who else joined in, and whether the harassment included others. Watch the video to learn more.

Navigating sexual abuse cases can be confusing, and it helps immensely to have experienced sexual harassment lawyers on your side. If you have questions about sexual harassment, please email or call us at 312-384-1920 or 1-800-693-1LAW.  Our experienced Chicago-based sexual abuse and job discrimination attorneys are here for you. You may also find more videos and media content from the Dinizulu Law Group, Ltd. on our media page.

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