Protection Act” to cover all levels of state government and reward citizens who blow the whistle (Androphy et al., n.d.). A whistleblower can get up to 30% of the amount recovered as a reward upon completing a successful whistleblower suit (Office of Inspector General State of Illinois, n.d.-b). A whistleblower’s identity is confidential except in rare circumstances where the law requires disclosure (Office of Inspector General State of Illinois, n.d.-a) The law further states: If you are a State employee and you disclose or threaten to disclose to your supervisor or any public body something you believe is illegal, or provide information to any public body investigating corruption, or participate in a proceeding to enforce the State Official’s and Employees Ethics Act … [If retaliation occurs, remedies can include] reinstatement; two times back pay; interest on back pay; and/or payment of reasonable costs and attorneys’ fees. (Office of Inspector General State of Illinois, n.d.-b) For further details about the whistleblower laws in Illinois, including various telephone numbers for reporting, visit the website at https://oeig.illinois.gov/complaints/process.html. Scenario 1 Marilyn attends her organization’s annual employee appreciation picnic, held at an exclusive country club, thanks to the administrative team’s membership. Marilyn is in a two-piece bathing suit preparing to enter the club’s swimming pool when a male coworker calls out to her, “ Hey Marilyn, looking good! Too bad you can’t wear bathing suits to work.” Is this sexual harassment? The answer is no . The legislation does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. However, if Marilyn’s colleague makes comments that are frequent or so severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted), it would be sexual harassment (EEOC, n.d.-b). One offhand comment is not generally considered sexual harassment. Scenario 2 Jason is a staff social worker who has applied for a promotion to the position of behavioral health manager for his clinic. Danielle, the director of counseling services for the company, is interviewing Jason as part of the application process. Jason is uncomfortable around Danielle, as she often finds excuses to talk to him alone and generally includes multiple sexual innuendos throughout the conversation. During the interview process, Danielle mentions how lonely she has been since her divorce and asks about the state of Jason’s marriage. She says, “If you are ever looking for a little action on the side, I’m your woman. In fact, I would give you the promotion in a heartbeat if we can have a more ‘beneficial’ relationship.” Is this sexual harassment? The answer is yes . The director of counseling services has displayed a pattern of behavior that constitutes sexual harassment. Additionally, she is making Jason’s promotion contingent on sexual favors. The elements that make this situation sexual harassment are that the comments are about the employee’s intimate personal situation, including an offer of action (clearly intimating sexual contact) and an offer of employment advancement with an “if” of engaging in sexual actions. This offer is coercion, and Danielle’s repeated sexual innuendo encounters create a hostile work environment (EEOC, n.d.-b).
Pages/default.aspx]). The website provides links to legal protections, reporting, legal assistance, and counseling. Details of these issues are discussed in the next section, including the reporting of sexual harassment. The Sexual Harassment Hotline Call Center can be reached between 8:30 AM and 5 PM Monday through Friday, except on state holidays. By law, all communications received via the hotline or accompanying website are confidential and exempt from disclosure under the Freedom of Information Act (IDHR, 2023f.). Whistleblower laws in Illinois The National Whistleblower Center defines a whistleblower as “someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing” (National Whistleblower Center, n.d.). The Illinois Whistleblower Act protects citizens, including state and local government employees, who, based upon a reasonable belief of corruption, “blow the whistle on government” (Illinois General Assembly, 2008; Office of Inspector General State of Illinois, n.d.-b) In 1991, Illinois passed the “Illinois False Claims Act” (IFCA), extending the previous “Illinois Whistleblower Reward and
FEDERAL LEGISLATION REGARDING SEXUAL HARASSMENT
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII of this act applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the federal government (IDHR, 2023c). According to the U.S. Equal Opportunity Commission (EEOC), “unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature” constitute sexual harassment (EEOC, n.d.-b). “Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision”, such as the victim being fired or demoted (EEOC, n.d.-b). Direct pick up from Nursing The EEOC notes that sexual harassment can occur in a variety of circumstances, including: ● The victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex. ● The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a nonemployee. ● The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. ● Unlawful harassment may occur without economic injury to or discharge of the victim. ● The harasser’s conduct must be unwelcome. Direct pick- up It is also “unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII” (EEOC, n.d.-a). The following scenario’s help us think through different cases of sexual harassment.
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Book Code: FIL1225
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