Legal Question in Sexual Harassment in Illinois

can I be legally fired for complaining about obscene material in my department

I work for a company that manufactures bath products. At first, the pictures that I worked with were covered up and the graphics department was able to use them for advertisements. However, they getting worse--with strange poses and full nudity that is totally inappropriate. (All pics are taken in the president's home. When he finds an employee attractive, it isn't long before I see them pose nude in pictures.) I cannot use many of the model shots now because they are basically porn and no magazine would accept such ads from us. Many employees find them inappropriate as well.

My question: If the company has a complaint policy in the handbook (stating that no prejudicial action will be taken against complainants), can I complain about the inappropriate, obscene model shots without being legally fired? (As an aside, one female employee had been fired for telling the president that she thought the pictures were inappropriate. He grew angry and told her that she is a cancer in the company--promptly firing her. However, she was rehired again that afternoon after she apologized.)

Thank you for your time.


Asked on 8/17/01, 12:14 am

1 Answer from Attorneys
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: can I be legally fired for complaining about obscene material in my departme

Based on your description, you certainly can complain, and should expect the protection indicated in the company materials. If, however, the company determines that it wishes to fire you and claims that it is doing so for another reason, then you will have to demonstrate that their action was pretextual. If you believe that the action of the president creates a hostile work environment based on sexually inappropriate conduct, then you (together with your co-workers) may wish to consider a claim for discrimination based on sexual harassment. One element of damages that could be sought is economic losses, including lost wages and benefits, in the event that you are terminated.

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Answered on 8/27/01, 3:01 pm


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