Fully understanding and protecting your rights in Illinois requires knowing how to differentiate between sexual harassment and sexual assault under state law. This distinction can give you a better idea of your legal rights and financial recovery options as a victim of either or both types of illegal misconduct in the workplace.
What Is Sexual Harassment?
Sexual harassment describes any unwanted, unwelcome or harmful conduct by another person based on the victim’s protected class or characteristic. Under both the Illinois Human Rights Act and Title VII of the Civil Rights Act of 1964, protected classes include:
- Race
- Country of origin
- Color
- Sex
- Gender and gender expression or identity
- Sexual status or orientation
- Pregnancy status
- Physical appearance
- Age
There are two main types of sexual harassment: unsafe work environment and quid pro quo. Both are serious torts that can interfere with the victim’s ability to feel safe and productive at work. Acts of sexual harassment in the workplace include crude remarks or comments, sexual advances or innuendos, and requests for sexual favors.
What Is Sexual Assault?
Sexual assault in the workplace can refer to various illegal acts of unwanted touching or physical assault. Sexual assault is defined by criminal law (Illinois Compiled Statutes §11-1.20) as committing an act of sexual penetration while:
- Using force or threat of force
- Knowing that the victim is unable to understand the nature of the sexual act or unable to give knowing consent
- Being a family member of the victim and the victim is under 18
- Being 17 or older and holding a position of trust, authority or supervision over a victim who is between 13 and 18
Examples of sexual assault include groping, touching of the private parts, rape or attempted rape, molestation, sodomy, and forced oral copulation. Sexual assault in the workplace is both a crime and a civil tort that can lead to consequences within both justice systems for the perpetrator.
What Are Your Rights?
You may be entitled to financial compensation as a victim of workplace sexual harassment, discrimination, misconduct or assault in Illinois. Both state and federal laws allow victims to recover damages for losses such as related medical bills, lost wages, pain and suffering, and psychological trauma.
In addition, reporting sexual abuse to the authorities could lead to criminal penalties against the perpetrator, including a jail or prison sentence and hefty fines. Your employer, boss, manager, coworker, client or contractor could face felony charges for their crime against you. Getting justice on all fronts can make it easier for you to recover mentally, emotionally and financially.
Get Help in Illinois for Sexual Harassment or Assault
If you are a victim of sexual harassment, sexual assault or both types of torts in your workplace in Illinois, you have legal rights. Reporting your abuse to the proper authorities and telling your story could lead to justice.
Coming forward may seem daunting, but it can allow you to protect your future, hold a perpetrator or employer accountable, and potentially prevent future such crimes from affecting others in your workplace. To discuss a particular situation, contact The Mahoney Law Firm for a free and completely confidential initial case review.