Sexual Harassment
Sexual
harassment is a
form of sex
discrimination,
prohibited by
federal, state,
and local laws.
It includes
conduct such as
unwelcome sexual
advances,
requests for
sexual favors,
and verbal and
physical
harassment that
is sexual in
nature. Both
male and female
employees are
protected from
sexual
harassment,
regardless of
whether the
harasser is the
same or opposite
sex (e.g. a man
may be sexually
harassed by
another man).
Sexual
harassment is
actionable if it
is severe or
pervasive or
occurs so
frequently that
the workplace
becomes
offensive or
hostile. Some
examples of
sexual
harassment are
when a manager,
co-worker, or a
customer:
Touch you in
inappropriate
ways, including
hugging,
kissing,
patting, or
deliberately
brushing up
against you.
Ask questions or
comment about
your clothing,
your body or
your sex life.
Tell sexual
jokes that you
find offensive,
or make other
sexually
suggestive
remarks even
though you have
objected.
Threaten to deny
you a promotion,
demote you, or
terminate you if
you refuse to
accept a date or
have physical
contact.
Display posters,
magazines,
pictures, or
screensavers
that are sexual
in nature, or
circulate
explicit or
sexually
suggestive
emails.
Representative
Cases
Since the Law
Offices of Fern
Trevino opened
its doors 15
years ago, a
large percentage
of the practice
has been
dedicated to
representing
victims of
sexual
harassment and
retaliation for
objecting to
sexual
harassment.
Generally,
privacy concerns
and
confidentiality
provisions in
settlement
agreements
prohibit us from
identifying cases, named
parties, and the existence
and terms of settlement
agreements.
What follows are
a few examples
of cases we have
litigated and/or
negotiated to a
favorable
resolution.
Public sector
sexual
harassment: Case
filed against
local government
agency and its
executive
director for
ongoing,
physical and
verbal sexual
harassment under
42 U.S.C. §
1983. Judgment
entered in favor
of our client for
$150,000 plus
attorney’s fees
and costs.
No. 04 C 7493,
U.S. District
Court, Northern
District of
Illinois.
Public sector
sexual
harassment and
retaliation: Our
client, employed
in a
male-dominated
distribution
facility, was
subjected to
ongoing sexual
comments,
sexually
explicit
graffiti,
whistles and
name-calling.
She was
terminated after
she complained
of being
sexually
harassed and
after taking an FMLA leave.
Shortly before
trial, the
district court
judge entered a
Consent Decree
requiring the
employer to pay
our client $400,000 in
compensatory
damages, back
pay, and
attorney’s fees.
No. 03 C 6576,
U.S. District
Court, Northern
District of
Illinois.
Denial of equal
pay and sexual
harassment: Our
client, the only
female
supervisor at
her warehouse,
was paid less
than her male
peers, even
though the
employer imposed
higher standards
and more
demanding
responsibilities
on her. The
employer
permitted
ongoing
sexual comments
and graffiti,
and ignored
women’s
complaints about
the hostile
environment.
No. 02 C 9187,
U.S. District
Court, Northern
District of
Illinois.
Sexual
harassment by
female manager
against male
subordinate:
The employer was
on notice of
open and
notorious
aggressive
sexual conduct
by a female
manager but
failed to take
appropriate
action. As a
result, our
client, a male
employee, was
subjected to
severe and
pervasive sexual
harassment,
humiliation, and
retaliation
after he refused
the manager’s
sexual advances.
Sexual
harassment /
retaliation
against
temporary
employee:
Our client, a
temporary
employee, was
subjected to a
barrage of
sexually
explicit
comments and
lewd gestures by
the plant
manager, who had
a history of
sexually
harassing female
employees. A
few days after
our client
complained to a
human resources
official, the
employer
withdrew its
offer to hire
her as a
full-time
employee and
then terminated her.
Retaliation
for standing up
for coworkers:
Our client, a
male employee,
observed male
supervisors
repeatedly grope
female
employees.
After he
reported the
harassment
through the
proper channels,
the company gave
him unwarranted
criticism and
terminated him.
Sexual harassment
and retaliation:
The employer
ignored our
client’s
complaint of
sexual
harassment by
her manager.
When our client
filed a police
report against
the manager and
an EEOC sexual
harassment
charge against
the company, the
employer
terminated her.
Sexual
harassment by
company owner:
The company
owner repeatedly
asked our client
for dates, tried
to kiss and
touch her,
questioned her
about her sex
life, and
stalked her by
phone over her
firm objections.
If you are
concerned about
sexual
harassment,
feel free to
contact us.
