As a worker in Illinois, you have the right to be free from sexual harassment in the workplace. This legal right exists under various state and federal laws. If you believe that someone in the workplace has violated your rights by sexually harassing you, consult with a sexual assault attorney in Illinois as soon as possible to explore your legal options. You may be eligible for financial compensation for your lost wages and other damages.
What Is the Definition of Sexual Harassment?
Sexual harassment can refer to both verbal harassment and unwanted physical touching in the workplace. The Illinois Human Rights Act (IHRA), 775 ILCS 5/2-101(B)(1)(b), states that sexual harassment means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
- submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
- such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment refers to any type of inappropriate conduct in the workplace that is of a sexual nature or based on an individual’s sex. This includes requests for sexual favors (quid pro quo) and a hostile work environment.
The Illinois Human Rights Act
The Illinois Human Rights Act prohibits sexual harassment in addition to other types of harassment, discrimination and retaliation in the workplace. This Act applies not only to employment but also to housing, public accommodations, education, real estate transactions and access to credit.
Under the IHRA, it is against the law to harass someone based on that person’s sex, sexual orientation, relationship or marital status, gender identity, or pregnancy status. This law is enforced by the Illinois Department of Human Rights (IDHR), which can investigate workplace sexual harassment complaints.
The Workplace Transparency Act
Illinois Public Act 101-0221, also known as the Workplace Transparency Act, gave the Department of Human Rights the authority to create a Sexual Harassment Prevention Training program template for employers to utilize. The purpose of this training program is to ensure that employers in Illinois meet the requirements of the IHRA in terms of preventing sexual harassment.
State law requires employers to have written policies that state that sexual harassment is illegal, describe what it is and give examples. Employers must also have specific protocols in place for investigating complaints of sexual harassment in the workplace. If evidence of harassment is discovered, the employer must have procedures for imposing penalties. These legal requirements apply to all employers in Illinois, regardless of the number of employees.
What to Do if Someone Sexually Harasses You in Illinois
Many laws are in place to protect you from sexual harassment as a worker in Illinois. If someone violates these laws and sexually harasses, abuses or assaults you, protect your legal rights by contacting an attorney right away. A sexual harassment attorney can help if you have been treated differently because of your sex or if your job has been affected due to sexual misconduct at work. You may qualify for financial damages.
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