Gender, Pregnancy & Sexual Orientation Discrimination

Sex & Gender Discrimination:  Employers are forbidden from making decisions regarding hiring, promotion, demotion, termination, compensation, job training, or other terms and conditions of employment based on the employee’s sex or gender, including pregnancy.  In other words, employers are forbidden from treating employees less favorably because of their sex or gender.  Employers are also forbidden from creating a hostile work environment because of an employees sex/gender.  Sex-based discrimination is prohibited by federal law (Title VII of the Civil Rights Act of 1964; the Pregnancy Discrimination Act; and the Equal Pay Act), state law (the Illinois Human Rights Act), and local ordinances.  Sexual harassment, pregnancy discrimination, and pay discrimination are forms of sex/gender discrimination.

Pregnancy-Based Discrimination:  The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth, and related medical conditions.

Equal Pay Act:  The Equal Pay Act prohibits pay discrimination on the basis of sex for employees performing equal work.  While the jobs at issue do not have to be identical, they must require substantially equal skill, effort and responsibility, and must be performed under similar working conditions.

Sexual Harassment:  Unlawful sexual harassment includes unwelcome sexual advances, requests for sexual favors, verbal comments, physical touching, and other conduct of a sexual nature.  Laws prohibit sexual harassment by both men and women and also prohibit same sex harassment when motivated by gender.  To be actionable, sexual harassment need not be motivated by sexual desire.  For more information and cases regarding sexual harassment, click here.

Sexual Orientation Discrimination:  The Illinois Human Rights Act, 775 ILCS 5/1, prohibits employers from discriminating against employees on the basis of sexual orientation.  The Act defines sexual orientation as “actual or perceived heterosexuality, homosexuality, bisexuality, or gender‑related identity, whether or not traditionally associated with the person’s designated sex at birth.”  City of Chicago and Cook County Ordinances also prohibit sexual orientation discrimination; however, there is no such prohibition under federal law.

Representative Cases

A high percentage of our cases involve claims of sex/gender discrimination and sexual harassment, and many of those cases also involve claims of retaliation.  However, privacy concerns and confidentiality provisions in settlement agreements prohibit us from identifying cases, named parties, and the existence and terms of settlement agreements.  What follows are a few examples of cases we have litigated and/or negotiated to a favorable resolution.

Denial of Promotion Based on Sex / Retaliation:  The employer denied our client, a logistics manager, a promotion.  After she filed a charge of discrimination with the EEOC, the employer excluded her from business meetings and decision-making, and then terminated her.  No. 07 C 4146, U.S. District Court, Northern District of Illinois.

Denial of Promotion Based on Sex:  An airline services company passed over our client for a promotion to an upper level management position in favor of a less qualified male co-worker.  Through depositions and other evidence, we painstakingly refuted the reasons the employer gave for its promotion decision.  No. 06 C 3443, U.S. District Court, Northern District of Illinois.

Hostile Environment / Battery:  We litigated claims filed against a local government agency and its executive director for ongoing, physical and verbal sexual harassment under 42 U.S.C. § 1983.  The court entered judgment in favor of our client for $150,000, plus $164,000 in attorney’s fees and costs.  No. 04 C 7493, U.S. District Court, Northern District of Illinois.

Click here for other examples of sexual harassment cases we have handled.

Hostile Environment / Retaliation:  Our client worked in a male-dominated environment at a distribution facility, where she was subjected to ongoing sexual comments, sexually explicit graffiti, whistles and name-calling.  The employer terminated her after she complained of being harassed and took an FMLA leave.  Shortly before trial, the district court judge entered a consent decree requiring the employer to pay our client $400,000 in compensatory damages, back pay, and attorney’s fees.  Case No. 03 C 6576, U.S. District Court, Northern District of Illinois.

Sex Discrimination / Retaliation:  Our client complained to management that her male supervisor made demeaning and lewd comments to her because of her gender, including “women don’t belong in the warehouse.”  The employer ignored her complaints; therefore, she informed the employer of her intent to file formal charges of discrimination.  The employer retaliated swiftly by transferring her to a shift that conflicted with her child care responsibilities and then terminated her.  Case No. 03 C 8247, U.S. District Court, Northern District of Illinois.

Pay Discrimination / Hostile Environment:  The employer paid our client, the only female supervisor at her warehouse, less than her male peers, even though management subjected her to higher standards and more demanding responsibilities.  The employer permitted a hostile environment for women, including sexual comments and graffiti, and ignored women’s complaints about the hostile environment.  No. 02 C 9187, U.S. District Court, Northern District of Illinois.

Boys’ Club Environment: A national retailer maintained a "boys’ club" environment in which our client and other female employees were excluded from higher-level positions, held to higher standards, and subjected to sexist comments.

Pregnancy Discrimination: A law firm terminated our client, a receptionist, within two weeks after she gave notice to her employer of her pregnancy.

Sexual Orientation Discrimination / Retaliation:  The employer’s manager ridiculed our client, a homosexual, with derogatory names and subjected him to less favorable treatment than his heterosexual peers.  After our client complained of the harassment and hostile work environment, the employer terminated him.

Discrimination based on Sexual Orientation:  The manager called our client (a gay employee) demeaning names and subjected him to less favorable treatment than his heterosexual peers.  After our client complained to a human resources official about his manager’s misconduct, the employer terminated him.

If you are concerned about any type of sex discrimination at work, feel free to contact us.