Wheaton Office |
St. Charles Office |
Sycamore Office
630-665-7300
Recent Blog Posts
Is Sexual Harassment Directed at a University Employee a Title IX Issue?
Although students are often the focus of sexually harassing behavior on Illinois' university campuses, the truth is that employees of a university may be subject to sexually harassing behaviors as well. Studies on the subject show that universities tend not to screen applicants for histories of sexual harassment or prior misconduct, potentially leading to hiring employees with a clear tendency towards sexually predatory behavior. Such behaviors could come from fellow employees, department managers, or even bold students. Sex-based discrimination may also be more subtle, such as being passed up on a promotion because you are pregnant or might become pregnant.
University employees who are being sexually harassed or discriminated against because of their sex may wonder whether they should file a complaint under Illinois' laws or a Title IX complaint.
Illinois Has Laws Against Sexual Harassment
Although Title IX may be a valuable resource for students who are not protected under Illinois sexual harassment laws, Title IX investigations are not subject to the same rigorous, standardized procedural processes as criminal and civil procedures under Illinois law. You may not get the investigation or adjudication you want if a sexual harassment case is handled internally through a university's Title IX administrators. You may not necessarily be able to have an attorney, bring witnesses, or have other evidentiary rules to your advantage in a university's Title IX hearings.
Is Divorce Different in Illinois for LGBTQ People?
Same-sex marriage has been legal in Illinois for nearly 10 years, letting Illinoisans of every orientation pursue a legally recognized relationship with the person they love, including the traditional financial and governmental benefits of marriage. Unfortunately, LGBTQ individuals' relationships are susceptible to the same shortcomings and downfalls as their heterosexual peers', meaning gay, lesbian, bisexual, transgender, and queer spouses may need to dissolve their marriages through a divorce as well.
Fortunately, LGBTQ divorces are managed in nearly the same way as heterosexual marriages, meaning that the pathway through divorce is usually clear. Here are some answers to common questions about LGBTQ divorces in Illinois.
Can We Get Divorced in Illinois if We Got Married Somewhere Else?
Yes. Marriages are federally recognized, and LGBTQ people can get divorced in any state as long as they meet that state's residency requirements and are legally married in any other state.
How Should I Handle Sexual Harassment From a Customer?
Even after many years of discussions, trainings, and high-profile media cases regarding sexual harassment, this terrible behavior continues in many different scenarios. Sexual harassment can affect victims so significantly that they no longer feel safe coming to work or performing their work duties. It may create a hostile, intimidating, or offensive workplace.
Fortunately, state and federal law prohibit sexual harassment and provide avenues for legal relief for victims who are suffering from this behavior at work - even if it comes from people who are not the victim's coworkers or managers. If you are being sexually harassed at work by a customer or client, read on.
What Can I Do if I Am Being Sexually Harassed By a Customer?
If you are being sexually harassed by customer, it is important to know that you are protected by the law and you have rights. You do not have to tolerate this unacceptable behavior. Begin by trying to address the issue directly with the customer. This may be difficult, but it is an important part of the process; without informing the customer that their actions are bothering you, it may be more difficult to bring a case later on.
Five Tips for Divorcing a High-Conflict Spouse
You may have known that divorce would be inevitable for a long time, but now that you are finally here, it can be difficult to know how to proceed. While divorce is never easy, for people who are married to high-conflict spouses who seem to thrive on confrontation, anger, and blame, the divorce process can be an absolute nightmare. And while most divorces are moving away from litigation in favor of mediation or collaborative divorce, for high-conflict relationships, alternative dispute resolution methods may simply not be an option.
If you are facing divorce with a high-conflict spouse, it is essential to retain an attorney with experience in high-conflict and complex divorces. The strategies that you will need for your case will likely look different than those used by other people you know who have gotten divorced. Read on to learn how you can protect yourself during a high-conflict divorce, and then schedule a consultation with a skilled Illinois high-conflict divorce attorney.
Signs of Sexual Harassment May Be Subtle and Hard to Catch
Many workplaces have employees who have flirty, fun relationships with each other. Although a professional might counsel people not to engage in this behavior just to stay on the safe side, as long as everybody consents, this behavior may not be a problem.
But for some, a teasing or light-hearted workplace attitude toward sexual jokes, innuendo, or flirting may be a problem because it opens them up to subtle sexual harassment. Without obvious behaviors that are easy to identify as sexual harassment, victims can struggle to put their finger on why certain behaviors make them uncomfortable. They may feel pressure from their colleagues to “lighten up” or “not make a big deal out of it.” Unfortunately, this can make things worse and eventually lead to the kind of hostile or offensive work environment that the Illinois Human Rights Act prohibits. If you suspect you are the target of sexual harassment, read on to learn about subtle ways sexual harassment may appear, and then learn how you can take action by contacting an Illinois sexual harassment lawyer.
How Can I Modify an Illinois Child Support Order?
Child support payments may be an important part of your life, long after the divorce, and while most parents are happy to support their children financially, life can sometimes get in the way of being able to pay the same amount of support that you had in recent years. If you have experienced a substantial change in circumstances, such as a job change or loss, you may need to ask a court to modify your child support obligation. It is important to understand when and how child support orders can be modified and an experienced Illinois family lawyer can help.
Why Might a Child Support Order Be Modified?
Parents cannot simply unilaterally change child the amount of their support payments; this would be a drain on state resources and lead to an unacceptable lack of predictability for both parents and children who are dependent on support payments for their well-being. Courts require a “substantial” change in a parent's circumstances before hearing a child support modification petition. These may include, but are not limited to:
When and How Can a Parenting Plan Agreement be Modified?
Even when a parenting plan has worked well for years, children get older, parents' living and work arrangements change, and everyone may find that an existing parenting plan no longer works. If you are interested in changing your parenting plan - especially if you believe your child's other parent may not agree to the changes - it is important to understand when parenting plans can be modified and what your options may be. Read on to learn more about this important topic, and then contact an Illinois family lawyer for help.
Understand What You Need to Change
Parenting plans in Illinois are made of two separate but important components: The allocation of parental responsibilities and parenting time. Parental responsibilities is the term for describing which parent has the authority to make important decisions on behalf of the child regarding healthcare, religious upbringing, education, and extracurricular activities. You and your ex may share parental responsibilities, or you may each make decisions in a particular area. Parenting time is simply the schedule that describes the time each child spends with each parent, including weekend and holiday schedules. Your circumstances may necessitate a change in parental responsibilities, parenting time, or both.
How Can I Prove Workplace Sexual Harassment After a Consensual Relationship Ends?
Despite increased cultural awareness of the potential power imbalance inherent in certain workplace relationships, people continue to meet, date, and eventually marry romantic partners at work. The constant close proximity with colleagues, in addition to the challenges people often tackle at work together, create an easy opportunity for close personal relationships to develop
Although these relationships may start consensually and may not violate any workplace agreements or codes of conduct, when they end, the awkwardness and unpleasantness of a personal breakup often carry over into the workplace. Unfortunately, one former partner may continue to act in a sexually aggressive way or make unwanted advances at work. If you are the target of this type of sexual harassment, it is important to know that you are still a victim of unethical behavior that may rise to the level of illegality. Your employer may be responsible for taking action
Do Divorced Retirees Divide Their Social Security Benefits?
Government policy is rarely straightforward, but changes in the law can make it even harder to analyze. Such is the case with Social Security benefits after divorce, the rules around which may change depending on when you were born. Fortunately, however, with the help of a knowledgeable Illinois divorce attorney, you can learn everything you need to know about your Social Security benefits after divorce and how you can negotiate a fair divorce settlement that minimizes the impact of divorce on your retirement plans.
Do I Lose Social Security Benefits if I Get Divorced?
Although privately owned property like pension accounts and 401(k)s are divisible as marital property in a divorce, government Social Security benefits are not. Even if your spouse depends on your benefits for their own, your benefit payments will not be affected. Rest easy knowing that this portion of your retirement plan is untouched by divorce.
Does One of us Have to Move Out to Get a Divorce in Illinois?
Couples (or one individual partner) often consider divorce long before they actually discuss it or begin the process of finding attorneys and filing for divorce. Being unprepared for a divorce can cause major disruptions in a family's life, and there are many things to consider carefully before officially getting started.
One obstacle that often results in a delay between wanting to get a divorce and actually filing for one is when couples cannot afford to live independently of each other. With home prices and rents rising astronomically over the last year, a couple may feel trapped in their current living situation but also feel as though there are no other options. If this situation sounds familiar to you, you may be surprised to learn that you can actually get divorced even if you are still living in the same house throughout your divorce process and even after the divorce is finalized.
Living Separate and Apart
While Illinois couples need not (and cannot) accuse each other of fault in divorce, such as infidelity or abandonment, they do still have to show that their relationship has ended because of irreconcilable differences. One way this is done is through living separate and apart.