my stepdaugther who is 19 was working 2 days in florist here in berwyn il
on 2nd day her boss offered to pay her schooling in exchange for sexual favors
my stepdaughter quit on spot as she heard this. is there anything she can do about this?
Her employer could be guilty of the offense - soliciting sex act. He offered something of value in exchange of a sex act. She can contact police about that.
Sexual Harassment is a common problem in today's workplace. It is important, however, to understand just how the law looks at sexual harassment.
Legally speaking, sexual harassment is considered to be a type of sex discrimination. This kind of harassment can be either "quid pro quo" sexual harassment or "hostile work environment." "Quid pro quo" sexual harassment means that your supervisor (or someone else in authority) pressures an employee to engage in a sexual and/or romantic relationship in exchange for a raise, a promotion, or some other benefit. "Hostile Work Environment" harassment means that an employee is subjected to hostility, intimidation, and/or ridicule based on the employee's sex. In either case, the victim is being subjected to "terms and conditions of employment" that are "less favorable than those afforded to similarly situated employees" who are "not in the protected group," (i.e., in most cases, the opposite sex). In the case of sexual harassment, the "terms and conditions of employment" consist of the actual acts of harassment to which you are subjected. It's important to keep in mind, though, that not everything that's rude, annoying, or mildly embarrassing automatically qualifies as "harassment." The conduct must be "sufficiently severe or pervasive" that it creates a hostile work environment. In other words, it "alters the conditions of employment" in a negative way. Whether particular conduct meets that test is very fact sensitive.
Your daughter was the victim of quid pro quo sexual harassment.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
Thus is unlawful sexual harassment and she can file a claim under the Illinois Human Rights Act. You may want to consider retaining an experienced employment lawyer to guide her through the process and maybe try to get a settlement to avoid litigation. Many of us will provide a free consultation.
This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
Contact an employment lawyer as soon as possible. Illinois has strict liability for supervisors that sexually harass employees. It seems as if your daughter has a case against the employer. Please remember there is a time limit for bringing your claim, previously 180 days (although it may be 300 days now) from the sexual harassment incident.
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