To be a covered employee under the federal discrimination laws you have to have 15+ employees, but unfortunately, under the IL discrimination laws the state discrimination laws apply to employers with one or more employee. Thus, she could, like anyone, file a sexual harassment complaint. However, making a sexual harassment case is not as easy as making a complaint. She would have to prove that your office manager treated her this way solely because of her sex and for no other reason which you can prove.
IL uses the same analysis of a sexual harassment case as the federal courts, which comes from the US Supreme Court case of McDonnell Douglas v. Green. In bringing this type of case, she has to first show that she was treated differently and the sole reason she was treated differently was based on her sex, which of course was not why she was treated differently, it was because she was not dressed properly for the office). Once you show that it was the inappropriate dress and not her sex that was the reason for the discipline, she would have to find some evidence to present that shows your reason was basically a lie and it really was her sex.
The fact is that only about 10% of these cases are really ever won. Even though she could give you some headaches in defending the complaint.
You need to send her a letter and inform her that her insubordinate conduct was inappropriate in the office and that her leaving and failing to return to work will be considered her voluntary resignation from her employment.
You have the other incident documented, get your employees who witnessed her behavior to write out their statements and put them in the file in case she tries to file her complaint.
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