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Chicago Employment Lawyer Blogs

Uche O. Asonye, CPA, JD, founded the Chicago law firm of Asonye & Associates in 1993. His firm concentrates on workplace issues, immigration law, employment, and civil litigation. His practice includes employment contracts, discrimination, workplace harassment issues as well as immigration, with special focus on physicians, health care workers and medical institutions. The firm relies on advanced technology to provide competent and cost effective representation for clients.

The End of Forced Arbitration

Forced arbitration clauses in employment contracts often push victims of workplace sexual harassment into a biased arbitration and away from justice. These clauses take away a sexual assault and harassment survivor's right to file a complaint in a court. Arbitration clauses in employment contracts force cases to be heard by a private arbitrator selected by the employer. Forced arbitration is a method used by employers to deny sexual assault and harassment victims justice and accountability. As a result, it helps maintain a toxic workplace by burying the misconduct, which silences employee victims from speaking up.

Sexual Harassment Claims against Elon Musk Companies

Three women, interns at SpaceX, spoke up about the sexual harassment they faced by other interns and men in senior positions, who went unpunished. SpaceX a dominant company in spaceflight, was founded by Elon Musk. Former intern, Ashley Kosak published an essay accounting events in which she faced sexual harassment by her male colleagues. She reported these instances to her manager and HR, but never received a response to those complaints. Following this shared experience, other former interns at the company shared their own experience of being sexually harassment or witnessing other instances of harassment.

#MeToo Movement and its Impact on Sexual Harassment in the Workplace

In 2006, Tarana Burke began the Me Too movement to bring resources, support, and awareness to sexual violence. In 2016, the #MeToo hashtag went viral, and many began speaking up about their experience of sexual violence. This movement has had an especially large impact in the workplace. The awareness of sexual harassment began in Hollywood and spread to employment in restaurants and offices. The #MeToo movement calls for widespread change and accountability, especially in places of employment.

Employers are being scrutinized on how they handle complaints of sexual harassment and are expected not only to implement methods to prevent sexual harassment in the workplace, but to take proper steps to address the issue when complaints are made.

Illinois Mandates Annual Sexual Harassment Prevention Training Requirement

In August 2019, Illinois passed the Workplace Transparency Act (WTA), which among other things, requires all employers to provide annual sexual harassment prevention training to all employees. It also contains additional, industry-specific sexual harassment prevention training for restaurants and bars.

To help employers meet WTA's requirements, the Illinois Department of Human Rights (IDHR) released a model training guide to aid employers in meeting the set requirements. While employers may implement their own sexual harassment prevention training programs, it must meet or exceed the minimum training standards to be in compliance of WTA.

Bostock v. Clayton City: Title VII Protects Persons Who Identify as Homosexual and Transgender

In June 2020, in a 6-3 decision, the Supreme Court of the United States held that Title VII prohibits employers from discriminating against employees for being homosexual or transgender.

In Bostock v. Clayton Cty, 140 S.Ct. 1731 (2020), the Supreme Court addressed the scope of Title VII's protections for homosexual and transgender persons. The court reasoned that when an employer fires an individual for being homosexual or transgender, they are discriminated on the basis of sex, which has always been forbidden by Title VII.

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