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.