IL employment, discrimination and harassment laws, employee's rights after employer commented on employee's body

Asked about 6 years ago - Tinley Park, IL

A co-worker is told by her supervisor, "You have a great body for an old black broad." She is 50 years old. What can be done about this? Can he be sued? What are the co-workers legal rights?

Attorney answers (3)

  1. Charles Shinkle Watson

    Contributor Level 15

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    Answered . The earlier answer is correct, but as a general rule you need more than one incident to have an actionable "hostile environment" case. The supervisor's comment implicates three different discriminatory stereotypes, and that type of person generally makes multiple comments. You should run this by an employment lawyer in your area.

  2. Peter LaSorsa

    Pro

    Contributor Level 14

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    Answered . She may be able to file a claim with the Illinois Department of Human Rights especially if this isn't the only issue at work. There is a very strict time to file 180 days so speak with a sexual harassment lawyer at once.

  3. Elbert L Maxwell II

    Contributor Level 6

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    Answered . The supervisor is creating what is a called a "hostile work environment" for this employee. Creating a hostile work envoronment is indeed a violation of Title VII. There may not be much there in terms of actual damages unless this supervisor is failing to properly compensate, promote, evaluate the employee. I would suggest contacting an attorney to discuss.

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