The anti-retaliation provision of Title VII of The Civil Rights Act of 1964 ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a person claiming to be aggrieved" to file a charge with the U.S. Equal Employment Opportunity Commission (the "EEOC") alleging that the employer committed an unlawful employment practice, and, if the EEOC declines to sue the employer, the statute permits a civil lawsuit to "be brought . . . by the person claiming to be aggrieved . . . by the alleged unlawful employment practice." 42 U.S.C. § 2000e-5 (b), (f)(1).
Employment litigation can often enter the news when it involves salacious or outrageous details, but newsworthy or not, not every employment dispute can be resolved through litigation. Retaliatory discharge (or demotion) claims can often be messy, but employers are not allowed under Federal and Illinois law to retaliate against employees for protected conduct. Employers can insulate themselves from liability by developing procedures and documentation. We can discuss with any size company measures that protect everyone from potential harm.
The anti-retaliation provision of Title VII of The Civil Rights Act of 1964 ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a person claiming to be aggrieved" to file a charge with the U.S. Equal Employment Opportunity Commission (the "EEOC") alleging that the employer committed an unlawful employment practice, and, if the EEOC declines to sue the employer, the statute permits a civil lawsuit to "be brought . . . by the person claiming to be aggrieved . . . by the alleged unlawful employment practice." 42 U.S.C. § 2000e-5 (b), (f)(1).
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Local auto magnate Bob Rohrman filed an Alienation of Affection lawsuit against a plastic surgeon who was having an affair with his then wife, Rhonda. Rohrman, known for his signature advertisements, decided to seek an alienation of affections lawsuit against the amorously inclined surgeon in order to recover for expenses he spent while investigating his wife’s actions.
Few Chicago litigation attorneys are aware that Illinois is one of eight states that allows for Alienation of Affection lawsuits. Alienation of Affections lawsuits are rare and they are difficult to establish because it is comprised of many elements and the defense has many avenues to challenge each element and the overall claim. However, a plaintiff does not need to establish tawdry details such as proof or extramarital sex to establish a claim. |
AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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