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Recent Blog Posts
Meeting the Burden of Proof in a Sexual Harassment Claim
Sexual harassment in the workplace is a form of sex discrimination that violates Title VII. The EEOC received 27,291 charges alleging sexual harassment in the workplace between 2018 and 2021. About 78.2 percent of all sexual harassment charges in the workplace are filed by women.
While sexual harassment in the workplace adversely affects the lives of thousands of people in the United States each and every year, it is actually rarely reported. About 60 percent of women say they have experienced sexual harassment in the workplace (nine out of ten women in industries like the food service industry), yet only about 15 percent of women file a formal legal claim over incidences of sexual harassment, and 70 percent never even complain internally.
Recognizing Parental Alienation During and After Divorce
The concept of Parental Alienation Syndrome began in 1985 as a term used during child custody (now known as the allocation of parental responsibility) cases that referred to a situation where one parent manipulated a child to reject the other parent. When parental alienation occurs, the child feels forced to choose one parent over the other.
Parental alienation may be a way for the alienating parent to "get even" with the other parent for real or perceived affronts that occurred during the marriage or to secure a larger share of parenting time. The ultimate goal of parental alienation is to harm the other parent, but when a child is taught to be hostile to, fearful of, or to reject his or her parent, it can have a profoundly harmful psychological impact on the child involved and is not a behavior that should be ignored or taken lightly. If you are a parent facing parental alienation, it is important that you speak to an experienced Wheaton, IL family law attorney.
Handling Health Insurance in an Illinois Divorce
Many married couples are both covered under one health insurance plan, usually through one of the spouse’s employers. When both spouses work, they may choose the employer who offers the best insurance plan for themselves and their children. The spouse who has health insurance through his or her employer is the "policy holder." The employee's spouse and children are known as "dependents" or "family members." A divorce can change how each spouse and the children are covered.
Both spouses can remain covered under an existing health insurance policy until the divorce is final. Once the divorce is completed, the former spouse is no longer considered a "family member" and may no longer remain on the insurance policy. If the dependent spouse cannot obtain insurance through his or her own workplace, insurance could be secured through the Affordable Care Act, Medicaid, or Medicare (depending on age).
What if My Spouse Evades Service of the Divorce Papers?
In Illinois, both parties must have proper notice of a divorce. In practice, this means that the spouse who files for divorce with a Petition for Dissolution of Marriage must ensure his or her spouse receives the Petition and has the opportunity to reply. This is known as due process and must be strictly followed in virtually all legal proceedings, including divorce.
But what if your spouse is evading service because he or she does not want a divorce, or is simply being difficult? If you are unsure how you are legally required to have your spouse served with the Petition for Dissolution, or he or she is evading service, speaking to an experienced St. Charles, IL family law attorney can be helpful.
What Are the Most Common Financial Mistakes During Divorce?
Divorce is a difficult time, both emotionally and, for many, financially as well. When one household becomes two, the same amount of money must stretch further for both spouses. It can be tempting just to let your spouse have whatever he or she wants to never have to argue about these issues again and to be able to move on with your own life, but doing so can financially cripple you for a very long time. So, if you are sick of arguing, do not give up and give in. Instead, take a step back and let our experienced Wheaton, IL divorce attorney fight on your behalf.
Financial Mistakes Made During Divorce That Can Affect Your Future
The biggest financial mistakes that are made by the greatest number of people during a divorce include:
Trying to Get a Divorce Over as Quickly as Possible
Why Timing Matters in a Sexual Harassment Case
More than half of all employees surveyed stated they had witnessed inappropriate behavior in their workplace. In the EEOC's 2022 report, out of the 98,411 claims of workplace harassment, 28 percent were specifically for sexual harassment. A startling 72 percent of victims of sexual assault in the workplace do not report the assault, either because they fear it will adversely affect their career or because they have little faith in the claims process.
There are essentially two issues related to timing in a sexual harassment case. The first issue relates to the legal time limits victims of sexual harassment claims are given to file a case. The second issue is not as clearly defined but relates to timing as far as when an employee files a sexual harassment claim after being disciplined rather than filing it immediately after the harassment occurred.
Proving Cohabitation in an Illinois Spousal Support Case
An Illinois ex-spouse who is paying spousal maintenance can rightfully be resentful when the receiving spouse is cohabitating with another person. In fact, barring a divorce agreement that states otherwise, spousal support terminates when either party dies, the receiving party remarries, or if a cohabitation relationship by the receiving spouse can be proven. Under Illinois law, a de facto marital relationship (one that is not officially sanctioned) is treated no differently than a de jure (officially sanctioned) marriage.
But what if your ex is receiving spousal maintenance and is, for all practical purposes, living with another person – but denies that fact so he or she can continue receiving spousal maintenance? This is a situation that can benefit greatly from the assistance of an Illinois family law attorney who can help you prove your ex is cohabitating and should not continue receiving spousal maintenance.
What Are Some Potentially Bad Outcomes from DIY Divorces?
In our DIY world, the do-it-yourself approach to divorce can be appealing, largely due to monetary savings as well as the perception that a DIY divorce is much simpler. Unfortunately, many things can go wrong during a divorce. Often, divorces that start out as uncontested can quickly turn hotly contested. Even when there is no personal dislike between spouses, the process of divorce can be legally complex, financially burdensome, and emotionally difficult.
A do-it-yourself divorce is very different from painting your living room wall or repairing your own dishwasher. DIY divorces can have long-term, adverse consequences that can financially cripple one spouse, end up in an unfair allocation of parental responsibilities, or result in an unfair division of marital assets and loss of support. If you are unaccustomed to navigating the law, it is virtually always better to hire a knowledgeable Illinois family law attorney who has experience in all aspects of divorce.
How Are Governmental Sexual Harassment Claims Treated?
A CIA workplace sexual assault case has recently emerged, which appears to show a pattern of shielding sexual misconduct among the ranks. During his own birthday party at a CIA office, a veteran officer drank too much, groped a colleague, reached up her skirt, and forcibly kissed and fondled her – in front of stunned co-workers. The woman filed a sexual harassment claim, and while the CIA itself refused to disclose details on the extent of sexual harassment in the agency, a 648-page internal watchdog report found systemic shortcomings in how the agency handled harassment claims.
In many cases, complaints of harassment and sexual harassment were classified as secret. This allowed the complaints to be shielded from public view as a "threat to national security." The watchdog report followed a prior AP investigation that found at least two dozen women came forward with accounts of sexual harassment and assault, as well as attempts to silence them.
Sexual Harassment in the Workplace from Customers or Clients
Most of us are more familiar with sexual harassment in the workplace coming from a co-worker or a boss. In many instances, sexual harassment in the workplace is from clients or customers of the business. This is more common among those in the hospitality industry, but it can also occur in many other industries.
A salesperson could be sexually harassed by a client, a grocery store cashier could be inappropriately touched by a customer, or a nurse could have a patient who constantly makes sexually inappropriate jokes. Sexual harassment by customers, clients, and patients occurs more often than most people would think.
Those who suffer the sexual harassment may be unsure whether their employer can be held liable in these instances. If you have been sexually harassed by a client, customer, or patient, it is important that you speak to an experienced Wheaton, IL sexual harassment lawyer as soon as possible after the incident.