Posted on June 30,2020 in Main

No one should ever be expected to tolerate sexual harassment in the workplace. Discrimination on the basis of sex and gender violates Title VII of the Civil Rights Act and numerous other federal and Illinois state laws. Unfortunately, many employees are unaware of their right to report harassment. Quid pro quo sexual harassment is one type of harassment prohibited by the Equal Employment Opportunity Commission. If you have been a victim of quid pro quo or another type of sexual harassment at work, contact a sexual harassment attorney for help.

Victims of Quid Pro Quo Harassment May Be Employees or Potential Employees

The term “quid pro quo” is a Latin phrase that roughly translates to “this for that.” Quid pro quo sexual harassment occurs when an employer, supervisor, or another person of authority attempts to trade a job-related benefit for sexual contact. The harassing party may imply or outrightly state that an employee will gain a favorable shift, work assignment, positive performance review, promotion, salary increase, or other work-related advantages if he or she tolerates the harassing party’s sexual advances. The harassing party may also threaten negative work consequences, such as a poor performance review or termination, if the employee does not submit to the sexual advances.

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 Posted on June 26,2020 in Main

By now, most people are fully aware that sexual harassment is a type of workplace discrimination that should not be tolerated. When it becomes public knowledge that a company or employer allowed such harassment to continue, that company is often the subject of public scrutiny and boycotts in addition to claims for damages by the victims in question. But, what about the victims themselves? Unfortunately, being a victim of sexual harassment can cause a variety of health issues that could last for many years to come.

Mental Health Concerns

The laws that address sexual harassment in the United States are primarily focused on the responsibility of employers to prevent, identify, and address instances of sexual harassment as a form of employment discrimination. The reality, however, is that the behaviors that constitute sexual harassment are actually forms of physical or emotional abuse. Therefore, it should come as little surprise that sexual harassment victims often suffer serious mental health effects.

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 Posted on June 25,2020 in Main

Spousal maintenance, spousal support, and alimony are all terms used to describe payments that one spouse may be ordered to pay to the other spouse as a result of a divorce. Typically, spousal maintenance is awarded when one spouse lacks sufficient income to support themselves in the lifestyle they have grown accustomed to during the marriage. Spousal maintenance may be awarded based on the directions contained in a prenuptial agreement, postnuptial agreement, or other valid marital agreement or it may be awarded on a case-by-case basis by the court. If you have reason to believe that you or your spouse will have to pay spousal support, you may have many questions about the amount and duration of the payments.  

When Does an Illinois Court Award Spousal Support?

If no valid marital agreement describes a spouse’s maintenance obligation, the court will decide whether or not maintenance is appropriate and necessary by weighing a number of factors. These factors typically include but are not limited to:

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 Posted on June 22,2020 in Main

If you are planning to divorce and you and your spouse share children, you will be asked to agree on a parenting plan as part of the divorce process. The parenting plan, or parenting agreement, describes each spouse’s rights and responsibilities, including scheduled parenting time. Reaching an agreement about the terms of the parenting plan is often a difficult task for divorcing couples. Mediation is one type of alternative dispute resolution that is often useful in resolving disagreements regarding child-related issues such as the allocation of parental responsibilities and parenting time.

Mediation Is Usually Less Expensive and Less Stressful Than Litigation

When a divorcing couple cannot reach an agreement about the terms of their divorce, the case may go to trial. Courtroom litigation can be an expensive and demanding process. Mediation is typically less traumatic for both parents and children, and considerably less expensive than litigation.

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 Posted on May 28,2020 in Main

Sexual harassment is a type of sex-based employment discrimination that violates both federal and state law. The Equal Employment Opportunity Commission estimates that about one out of every four U.S. workers have been affected by sexual harassment at work. Nobody should have to tolerate sexual harassment. However, it often goes unreported due to misinformation and fear of retaliation. Although it is expressly against the law for an employer to retaliate against a worker for making a harassment or discrimination complaint, it is not uncommon for an employer to exact revenge on an employee for reporting sexual harassment. When an employee suffers some type of harm or injury due to sexual harassment, a sexual harassment lawsuit may help him or her receive compensation.

When is a Successful Sexual Harassment Claim Possible?

There are two types of sexual harassment claims according to the law: hostile work environment harassment and quid pro quo harassment. The former involves sex-based or derogatory communication and behavior while the latter involves a superior attempting to gain sexual contact in exchange for work-related advantages.

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 Posted on May 21,2020 in Kane

It is no secret that ending a marriage can be messy. In many cases, it can be downright nasty, with acrimony and contentiousness that can linger for many years after the divorce is finalized. Of course, there is no requirement that your divorce must follow such a path. The law in Illinois, in fact, explicitly encourages just the opposite. A cooperative, negotiated divorce is almost always preferable to fiercely litigated dissolution, and can help pave the way for a more civil post-divorce relationship between you and your ex-spouse.

Cooperation Encourages Compliance

If you were to step back and objectively assess yourself, are you likely to do something just because you were told to do it? While you may be able to follow orders, you are probably much more willing to do so if you had a role in creating them. An amicable divorce offers the opportunity for you and your spouse to do just that. Together, you can create a workable agreement that addresses whatever concerns each of you may have. Long-term compliance may be significantly improved if you both feel that you were an important part of the settlement.

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 Posted on May 19,2020 in Main

Sharing parental responsibilities and parenting time of a child with another parent can be full of challenges and disagreements. One issue that many parents struggle with is parental relocation. When one parent wants to move a significant distance away, the other parent may be concerned about how this will affect the allocation of parental responsibilities and parenting time. If you or your child’s other parent are planning to move, make sure to familiarize yourself with the laws regulating parental relocations in shared parenting situations. Depending on the distance between the parent’s current residence and the new residence, the relocating parent will likely be required to petition the court for a modification to their divorce decree.

What Counts as a Parental Relocation?

If a parent is moving only a short distance away, the move may not need to be approved by the court. According to Illinois law, a parental relocation is one in which a parent with a greater or equal share of parenting time moves to a new residence and one of the following is true:

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 Posted on May 13,2020 in Main

Most people know that sexual harassment is against the law. However, many do not realize that it is also illegal for an employer to retaliate against an employee for reporting sexual harassment. Retaliation can take many different forms, but most involve the employee receiving some type of negative work-related consequence. If an employer retaliates against an employee for filing a sexual harassment complaint, the employee may be entitled to damages. 

You Have a Right to Oppose Unlawful Practices

Equal Employment Opportunity laws prohibit employers from retaliating against employees who report EEO violations. It is unlawful for an employer to take adverse action against a job applicant or employee who:

• Complains or threatens to complain about sexual harassment or discrimination

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 Posted on May 07,2020 in Kane

If you are a parent residing in Illinois and you are planning to divorce, you and your child’s other parent will need to make decisions about the allocation of parental responsibilities and parenting time. You will have 120 days after you file for divorce to file a proposed parenting plan. If you and your spouse cannot agree on the terms of the plan, the court may need to intervene. There are a number of considerations the parenting plan must contain including decisions about when the child will spend time with each parent, each parent’s decision-making authority, and more.

Required Parenting Plan Elements

Parents are encouraged to make as many parenting decisions in advance as possible. The more issues parents work out during the creation of the parenting plan, the less likely they will experience conflict during their post-divorce co-parenting relationship.

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 Posted on May 05,2020 in Main

Although they have long been the subject of misunderstandings, more and more people are choosing to sign a prenuptial agreement before getting married. Prenuptial agreements, or “prenups” for short, are contracts that specify each spouse’s property rights and responsibilities in the event of divorce. If you and your partner are considering drafting a prenuptial agreement, you should know that these documents must meet certain criteria in order to be legally-enforceable. Prenuptial agreements that do not meet these specifications or that contain certain mistakes may be considered invalid. This is why it is so important to work with an experienced family law attorney during the creation of any prenuptial agreement.

Incomplete or Falsified Financial Disclosure

When a couple designs a prenuptial agreement, each spouse must be fully forthcoming about his or her assets, income, and debts. A complete inventory of the spouses’ finances is needed so that each spouse can make informed decisions about the provisions contained in the agreement. Without a full accounting of each spouse’s property and debt, it will be impossible for the couple to form an equitable plan regarding how property and debt should be divided in the event divorce. Furthermore, if the agreement contains incomplete or falsified financial information, it is possible that the document will be considered invalid.

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