Sexual Harassment

[rooksstrife]

IL - south of Chicago

In short wife worked for Dr. that has 10 employees. He touched her and others. Another girl is suing... I believe this case will settle. We have 30 days left out of the 180. I am interested in what I should do - rather than the case details.

My questions are:

Should we file with the IDHR and not get a lawyer or do we need one for this? Will IDHR provide a free one? What is the best move? Is the form tricky - as in if you don't say something in it your screwed? Can someone shed some light on this process...

The doctor has 10 employees at the place my wife worked at... but he owns many other place and is sanctioned by 2 hospital... with that being said - should we file with the EEOC. Also, will IDHR forward or claim to EEOC?

Can attorney's fees be awarded in an out of court settlement?

 

[ESteele]

Based on your post, I would recommend your wife contact a plaintiff-side employment law attorney as soon as possible. She should be able to locate one in the Metropolitan Chicago Area who will take her case on a contingency fee basis. (If she prevails or settles favorably, her attorney’s fees can potentially be paid by the defendant employer.)

If your wife cannot retain an attorney within a week or two, she should then file a pro se complaint with IDHR. DO NOT ALLOW THE 180 LIMITATION PERIOD TO LAPSE! An agency representative can assist her complete the form satisfactorily. IDHR should automatically “cross-file” her administrative discrimination complaint with the EEOC. Even if she files her administrative complaint pro se, she should continue looking for counsel. (Neither IDHR nor EEOC will provide her with private counsel looking out exclusively for her benefit.)

The administrative filing is not too tricky for her to complete. Figuring out how to proceed beyond filing an administrative complaint, however, will likely prove too complex for you and/or your wife as laypersons. Her case raises various questions (e.g., whether the employer is covered under state law and federal law; does your wife have a basis for a civil battery claim) which virtually require the intervention of private counsel.

 

[Beth3]

Agree entirely with eerelations. Your wife should file a complaint with the IDHR immediately so the statute of limitations doesn't toll. No, the IDHR will not provide your wife with an attorney. They will investigate the complaint and almost certainly issue a "right to sue" letter when the investigation is completed. Your wife will need private counsel to file suit.

Your in a huge metropolitan areas (unlike many posters here) so your wife should have no problem finding an experienced employment law attorney to represent her.