Employer liability for workplace sexual abuse is a constantly evolving area of the law in Illinois. Whether or not a corporation can be held legally and financially responsible for a case of sexual abuse depends on the circumstances, including how much the employer knew or reasonably should have known about the incident and what actions were taken to protect employees.
What Is Workplace Sexual Abuse?
Sexual harassment in the workplace describes any type of unwelcome or inappropriate sexual behavior, including comments, remarks, jokes, sexual requests and touching. Sexual harassment is against the law if it is frequent or severe enough to create a hostile work environment or result in an adverse employment decision against the victim.
Workplace sexual abuse typically describes more severe violations and sex crimes, such as:
- Sexual assault
- Unwanted sexual touching
- Touching of the private parts
- Groping and fondling
- Forced oral copulation
- Penetration
- Rape or attempted rape
- Drug-induced rape
A case of workplace sexual abuse in Illinois may involve men or women, with victims and harassers that may be the opposite or same sex. Abusers are most often in positions of power over their victims, such as managers and supervisors. However, perpetrators can also be employees, clients or customers.
What Laws Protect Employees in Illinois From Sexual Abuse?
Under state and federal employment laws, employers in Illinois are required to provide safe, abuse-free workplaces. Work environments should be free from hostility, requests for sexual favors (quid pro quo), unwelcome sexual advances, sexual harassment and sexual abuse.
These rights are codified in multiple laws:
- The Illinois Human Rights Act (IHRA)
- The Illinois Workplace Transparency Act
- Title VII of the Civil Rights Act of 1964
- Executive Order No. 11246
Employers in Illinois must enforce mandatory sexual abuse prevention policies, provide proper employee and supervisor training, and enact clear report and complaint procedures to help prevent sexual abuse in the workplace.
When Can a Corporation Be Held Liable for Sex Abuse in Illinois?
In Illinois, if an employer fails to adhere to state and federal anti-harassment laws or otherwise fails to maintain a safe, abuse-free workplace, the company or corporation could face liability for a victim’s losses.
Whether or not a corporation is liable depends on the law used in the legal claim. Some laws hold employers strictly liable, meaning they are responsible for cases of workplace sexual abuse even without proof of negligence. Strict liability laws often apply to cases involving misconduct by managers and supervisors.
In addition, some statutes limit a victim’s financial recovery to only certain damages, while others allow for a broader range of financial compensation, such as punitive damages and pain and suffering. The laws that apply to the specific case will determine a victim’s rights and recovery options.
How to Prove a Sexual Abuse Case Against an Employer in Illinois
Workplace sexual assault, abuse and harassment are significant problems in Illinois. These incidents can be extremely traumatic for victims, often resulting in lifelong effects. If you have experienced sexual abuse at work, discuss your legal rights with an attorney from The Mahoney Law Firm.
You may be able to achieve justice through a civil claim or lawsuit against a corporation or employer. Our lawyers can protect your rights as you seek accountability and maximum compensation for your losses.
We will help you understand your employer’s liability and find evidence to support your claim. Let our top-rated sexual abuse and assault attorneys help you during this difficult time. Contact us today for a free and private consultation.