Illinois has taken a significant step forward in the fight against gender-based violence with the recent amendments to the Illinois Gender Violence Act (IGVA). These changes aim to enhance protections for employees who have experienced gender-based violence, ensuring a safe and inclusive work environment.

1. Expanded Definitions

The revised IGVA broadens the scope of what constitutes gender-based violence. It now includes not only physical acts but also psychological, emotional, and economic abuse. This expansion recognizes that violence can take many forms and ensures that victims are protected regardless of the type of abuse they have endured.

2. Protections for All Employees

Previously, the IGVA only applied to employees who worked for an employer with 15 or more employees. However, the recent changes have eliminated this threshold, extending protections to all employees, regardless of the size of their employer. This means that even those working for small businesses can seek redress under the IGVA if they experience gender-based violence.

3. Reasonable Accommodations

One of the significant additions to the IGVA is the requirement for employers to provide reasonable accommodations to employees who are victims of gender-based violence. Reasonable accommodations may include changes to work schedules, relocation of the employee’s workspace, or implementing additional security measures. These accommodations aim to ensure that employees can continue their work without fear of retaliation or further harm.

4. Confidentiality and Privacy

To protect the privacy and confidentiality of victims, the IGVA now prohibits employers from disclosing information related to an employee’s status as a victim of gender-based violence, unless required by law or with the employee’s consent. This provision encourages victims to come forward and seek help without the fear of their private information being exposed.

5. Training and Awareness

The amendments to the IGVA emphasize the importance of education and awareness in preventing and addressing gender-based violence in the workplace. Employers are now required to provide training to their employees on recognizing and responding to gender-based violence. By fostering a culture of understanding and support, workplaces can become safer and more inclusive environments.

Conclusion

The recent changes to the Illinois Gender Violence Act represent a significant advancement in protecting employees from gender-based violence. These amendments expand the scope of the law, ensure equal protection for all employees, mandate reasonable accommodations, safeguard confidentiality, and promote education and awareness.

At Osborne Employment Law, we are dedicated to helping employees understand their rights and navigate the complexities of employment law. If you have questions about the Illinois Gender Violence Act or need assistance in addressing gender-based violence in your workplace, our experienced attorneys are here to provide guidance and support.

Changes are coming in 2024 with the enactment of the Paid Leave for All Workers Act. The law requires employers to provide certain paid leave to Illinois employees, something that has never been required before.

Most importantly, the legislation requires employers to provide employees 40 hours of paid leave during a 12-month period. Employees are entitled to begin using their leave within 90 days following the start of their employment. If the leave is foreseeable, an employer may require the employee to provide 7 calendar days’ notice. If the leave is not foreseeable (such as a medical emergency), the employee shall provide as much notice as is practicable. The 40 hours of leave must carry over annually, but cannot exceed 40 hours.

When an employee takes leaves under the Act, it may be taken for any purpose. Importantly, an employee is not required to provide the reason for taking leave. Employers are even allowed to ask for supporting documentation or certification to support a leave.

In the event an employer violates the Act, the employee may file a claim with the Illinois Department of Labor. If the employee prevails, the employee may be entitled to actual damages from the violation, compensatory damages, and a penalty between $500 and $1,000. Employees are also entitled to their reasonable attorney’s fees and costs.

Most people know that employees are protected against sexual harassment committed by co-workers or supervisors. But did you know that employees are also protected against sexual harassment committed by individuals outside of the company?

Sexual Harassment Law in Illinois

Title VII of the Civil Rights Act and the Illinois Human Rights Act prohibit an employer from discriminating against an employee on the basis of sex. An employer violates this provision the discrimination creates a hostile work environment. To establish a claim, the individual must show he or she was subject to unwelcome sexual conduct, advances, or requests because of his or her sex that was severe or pervasive enough to create a hostile relationship. Thus, regardless of whether the conduct is from a co-worker or someone outside the company, such as a customer, the harassment must be severe and pervasive.

In addition, the individual must show there is a basis for employer liability. If the sexual harasser is a supervisor of the employee, employer liability in Illinois is automatic. However, if the sexual harasser is a co-worker or non-employee, you must show the company was reckless in permitting, or failing to prevent the sexual harassment. EEOC v. Costo, 903 F.3d 618 (7th Cir. 2018). The Employer must know about the harassment and then fail to take reasonable steps to prevent the harassment.

Hewitt v. BS Transportation of Illinois

For example, a plaintiff recently filed a federal lawsuit claiming the employer is liable for sexual harassment committed by a nonemployee. Hewitt v. BS Transportation of Illinois, 2:18-cv-712 (E.D. P.A. Jan. 11, 2019). The Company moved to dismiss the case because no one at the Company committed the sexual harassment. However, the Court denied the Company’s motion, finding it would be equally illegal for a non-employee to commit sexual harassment so long as the above elements are met.

If you are victim to sexual harassment, regardless of source, contact an employment attorney immediately.

Illinois lawmakers are returning to session this week, and news laws related to sexual harassment are on the agenda. Since the #metoo movement began about one year ago, the House and Senate have been holding hearings to determine what measures can be taken to curb sexual harassment in the workplace. The legislature has not yet identified what laws will be enacted, but we will keep you posted as they are proposed and enacted.

Now is a good time to review the Illinois laws that are meant to protect employees from sexual harassment in the workplace. The Illinois Human Rights Act (IHRA) makes sexual harassment illegal. There are different forms of sexual harassment, such as inappropriate physical interactions and comments, The IHRA defines sexual harassment as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

The sexual harassment provisions of the IHRA apply to ALL employers. This is extremely important because some laws (like Title VII of the Civil Rights Act and the Family and Medical Leave Act) only apply to employers with a minimum number of employees. Any sexual harassment of an employee’s manager or supervisor is imputed to the company. However, if the sexual harassment is committed by anyone else (including a non-employee), the employer must become aware of the conduct and fail to take reasonable corrective measures.

If you are being sexually harassed at work, contact us immediately. There are very short time limitations for bringing claims under the IHRA and related statutes.

As a McDonald’s franchise recently learned, companies cannot discriminate against individuals with disabilities in the application process, hiring, firing, advancement, compensation, and other terms of employment. Moreover, employers are required to offer reasonable accommodations to individuals with disabilities when doing so would not result in an “undue hardship.” The Americans with Disabilities Act and the Illinois Human Rights Act both provide these protections to individuals with disabilities.

EEOC v. McDonald’s Corporation, et al.

Plaintiff, a man who is deaf, applied for a vacant position at the McDonald’s located in Belton, Missouri. The gentleman had experience working at a McDonald’s in Louisiana as a cook and clean-up team member. The restaurant initially scheduled Plaintiff for an interview. When company’s hiring personnel learned the applicant was deaf and required an interpreter for the interview, McDonald’s mysteriously lost all interest in hiring the applicant. However, the franchise continued to interview other employees, and eventually hired someone else for the position.

Not interviewing an applicant because he is deaf is a textbook example of disability discrimination and failure to reasonable accommodate. When McDonald’s learned the individual was deaf, it had a legal duty to take affirmative steps to accommodate the applicant’s hearing difficulties. It cannot simply throw the application in the trash and move on to the next applicant. The EEOC filed a lawsuit against the company in December 2015, claiming disability discrimination. This month, the parties entered into a consent decree, where McDonald’s agreed to pay the applicant $56,500 in monetary damages, among other forms of relief.

Keep in mind, there is a question whether the company obtaining an interpreter and employing a deaf employee would impose an undue hardship on the company. In making this determining, you take into account the employer’s size, financial resources, and the structure of the organization. Thus, if the two-employee mom and pop burger joint does not hire a deaf employee, it may have an argument that doing so would be an undue hardship due to all of the tasks that require fully-functional hearing. However, a company the size of McDonald’s, which has an abundant amount of employees in each store performing different tasks, would have no such argument.

If you think that you have been discriminated against based on a disability, contact an employment attorney as soon as possible.