Sexual harassment in the workplace can be confusing and overwhelming for employees who are unsure how to respond or where to report the behavior. Illinois law provides protections for workers who experience harassment, and several formal complaint processes exist to help employees address unlawful conduct in the workplace.
Understanding what qualifies as sexual harassment and knowing the steps involved in reporting it can help employees protect their rights and create safer work environments. This guide explains how sexual harassment complaints work in Illinois, including how to document incidents, report harassment to an employer, and file complaints with government agencies such as the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights.
Excerpts From Our Illinois Law Handbook
Here is some important information from our Illinois law handbook on sexual harassment:
Chapter 2
Sexual Harassment
What is Sexual Harassment? Sexual harassment includes unwelcome sexual conduct, requests for sexual favors, unwanted advances, and other conduct. Private employers may not discriminate based on sex, including: “It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s … sex….” 42 U.S.C. § 2000e–2(a)(1). Employers may be held vicariously liable for a supervisor’s sexual harassment of an employee. Gentry v. Exp. Packaging Co., 238 F.3d 842, 846 (7th Cir. 2001)
Employers can avoid liability if they show: (a) they took reasonable care to prevent and stop sexually harassing conduct, and (b) the employee unreasonably failed to use preventive or corrective opportunities given by the employer or to otherwise prevent harm. Gentry v. Exp. Packaging Co., 238 F.3d 842, 846 (7th Cir. 2001)
Tips For Sexual Harassment Prevention:
Some steps to consider if you are facing sexual harassment include:
- document in writing or email through a complaint to human resources that the sexual harassment is occurring and you need it to stop,
- file a sexual harassment claim with a governmental agency,
- do not quit your job if possible,
- follow the sexual harassment or discrimination guidelines in your employment handbook,
- consult a sexual harassment attorney to guide you through the process.
Sample Sexual Harassment Complaint: Many people ask about submitting a workplace sexual harassment complaint. Always be truthful and direct, using your own words. Here is a sample:
Dear Human Resources:
I am being sexually harassed at work by _____________. I need it to stop because I feel uncomfortable. I do not like being subjected to unwanted sexual touching and comments. Please help me stop this so I can continue to work.
Sincerely,
Additional Ways To Complain About Sexual Harassment: You may also file a complaint with the EEOC or the Illinois Department of Human Rights regarding harassment at work. If you want to pursue a lawsuit, you must file with the appropriate government agency in a timely manner. For more about filing a charge of employment discrimination: https://www.eeoc.gov/employees/howtofile.cf
Employers in Chicago must comply with both federal and state harassment laws, as well as city requirements. Under the Chicago Human Rights Ordinance, employers must post clear anti-harassment notices and appoint someone to receive internal reports. Chicago residents may also file complaints with the Chicago Commission on Human Relations, which investigates violations and provides additional resources for workplace issues. These layers of protection give employees across the Chicago region additional ways to address and resolve workplace harassment.
Contact Workplace Law today to learn more!