Attorney Defending Employers and Individuals Accused of Sexual Harassment in Rolling Meadows and Schaumburg
Whether you are an employee or an employer, an accusation of sexual harassment is a serious matter that merits consultation with an attorney. Not only is your reputation at stake, but also your relationships and your livelihood. An employer may be held liable for damages to a victim, including payment of lost wages, compensation for emotional pain and suffering, and payment for the victim's legal fees. An employee could be suspended, demoted, or terminated. Some types of sexual misconduct can even lead to criminal charges against the offender.
Brian M. Krause stands ready to defend both employers and employees against claims of sexual harassment. Attorney Krause understands that false or exaggerated accusations are not uncommon, and he knows how to skillfully investigate the situation to develop a forceful defense for you.
Backed by a decade of experience in the practice of business law, attorney Krause handles cases such as:
- Defending a business against an employee's claim of sexual harassment in the workplace, whether the claim is made internally (e.g., to a supervisor or your human resources department) or to a government agency such as the Illinois Department of Human Rights (IDHR) or the federal Equal Employment Opportunity Commission (EEOC).
- Defending an individual when an employer is investigating the individual's at-work behavior, particularly if you are concerned that your employer may overreact to the allegations. Teachers are at particular risk of harm from such allegations and can benefit from an assertive defense.
- Filing a wrongful termination lawsuit when an employee is terminated without sufficient cause following an allegation of sexual harassment or inappropriate conduct.
Title VII Claims of Sexual Harassment
Title VII of the federal Civil Rights Act of 1964 prohibits sex discrimination including sexual harassment and applies to employers with 15 or more employees. The corresponding Illinois law on sexual harassment applies to all employers, even those with just one employee. In order for a behavior to be deemed sexual harassment, the conduct must be unwelcome, offensive, and so frequent and severe that it creates a hostile work environment.
Title IX Claims of Sexual Misconduct in Schools and Colleges
Title IX of the Education Amendments of 1972 to the federal Civil Rights Act of 1964 states that "No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance." In short, Title IX prohibits both sexual discrimination and sexual harassment in colleges and schools.
Attorney Brian M. Krause will vigorously defend any teacher, school employee, or student accused of any type of sexual harassment offense, including:
- Quid pro quo harassment, wherein a student claims that the teacher offered a reward, such as a better grade, or threatened a punishment in exchange for some type of inappropriate and unwelcome physical contact or communication.
- Creation of a hostile environment, wherein a student claims that a teacher or another student's severe and persistent behavior, such as unwanted physical contact or sexual comments, has made the student feel uncomfortable or unsafe at school.
- Gender-based harassment, wherein a teacher is accused of being hostile, but not in a sexual manner, toward students of a certain gender.
- Electronic harassment, wherein an individual is accused of sending obscene and offensive comments, requests, or photographs via telephone or electronic device. This is actually a criminal offense in Illinois, which can be charged as a misdemeanor if the victim is over 18 or as a felony if the victim is under 18 and the offender is 18 or older.
Sexual Harassment Defense Lawyer in Hoffman Estates
Brian M. Krause provides effective and affordable legal assistance to clients in Cook County including the communities of Hoffman Estates, Rolling Meadows, Schaumburg, Streamwood, Barrington, South Barrington, Hanover Park, and Chicago. Contact us in our Hoffman Estates office at 815-744-6550.