Teaser: Chicago has some of the strictest sexual harassment laws in the nation!
Where should I file a sexual harassment complaint?
Workplace sexual harassment is prohibited under multiple layers of law – federal law, Illinois state law, Cook County ordinance, and Chicago city ordinance. Each jurisdiction defines sexual harassment, determines who is protected, sets employer obligations (like training and posting requirements), and provides remedies or penalties. Below, we break down the key provisions at each level in plain language, highlighting similarities, differences, and recent updates. The key thing to remember is that if you have a sexual harassment claim that you want to pursue, all laws require a very prompt filing.
Federal Law:
Under federal law (Title VII of the Civil Rights Act of 1964), sexual harassment is considered a form of sex discrimination. It includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when it affects someone’s employment or creates a hostile work environment. In practice, this covers two major types of sexual harassment: (1) quid pro quo (for example, a supervisor demanding sexual favors in exchange for a promotion or to avoid firing) and (2) hostile work environment (pervasive or severe sexual conduct that makes the workplace intimidating, offensive, or abusive). Isolated offhand comments or minor incidents usually do not rise to the level of illegality unless very serious; the behavior must be frequent or severe enough to alter the work conditions. Federal law protects employees and job applicants from sexual harassment. Both women and men are protected, and harassment can occur between any genders (the victim and harasser can be the same or opposite sex).
Employer Obligations: Federal law does not mandate specific training or policies on sexual harassment for private employers, but it strongly encourages preventative measures. The Equal Employment Opportunity Commission (EEOC) provides guidance and expects employers to take reasonable care to prevent and correct harassment (for instance, by having a clear anti-harassment policy and complaint process).
Reporting Mechanism: An employee who experiences sexual harassment can file a charge with the EEOC (typically within 300 days in a state like Illinois that has a state civil rights agency). The EEOC will investigate and can mediate or sue on the employee’s behalf, or it may issue a “right-to-sue” letter allowing the individual to file a lawsuit in court.
Remedies and Penalties: Victims of sexual harassment under federal law are entitled to remedies aimed at making them “whole.” This can include reinstatement to their job (if they were fired or forced out), back pay for lost wages, compensatory damages for emotional distress
In 2022, a major update to federal law — the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act — now prohibits employers from enforcing pre-dispute mandatory arbitration agreements for sexual harassment claims, meaning workers cannot be forced to arbitrate such claims.
Illinois State Law (Illinois Human Rights Act)
Definition: Illinois law provides broad protection against sexual harassment through the Illinois Human Rights Act (IHRA). The IHRA explicitly defines “sexual harassment” as any unwelcome sexual advances, requests for sexual favors, or any other conduct of a sexual nature when (1) submission to such conduct is made (explicitly or implicitly) a term or condition of employment, (2) submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual, or (3) the conduct has the purpose or effect of substantially interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
Who is Protected: The Illinois Human Rights Act covers virtually all employees and even non-employees in a work environment, offering broader coverage than federal law. Any employer with at least 1 employee in Illinois is subject to the sexual harassment provisions (there is no 15-employee threshold for harassment cases). The law explicitly protects employees, applicants, unpaid interns, and even some third parties.
Remedies and Penalties: Illinois law provides robust remedies for victims. If a case is proven before the Human Rights Commission or in court, the victim can receive actual damages: for example, back pay, lost benefits, emotional distress damages, attorney’s fees, and costs. Unlike federal law, Illinois does not cap compensatory damages for things like emotional distress. Punitive damages (to punish the employer) are not available in proceedings before the Human Rights Commission. However, some claims that are similar to sexual harassment claims (like the Gender Violence Act) do allow punitive damages.
Cook County Law (Cook County Human Rights Ordinance)
In Cook County (which encompasses Chicago and many suburbs), the Cook County Human Rights Ordinance also prohibits sexual harassment in employment. The ordinance’s definition closely tracks the state (and federal) definition.
Who is Protected: The Cook County ordinance covers a broad range of workers. An “employee” under the ordinance includes any individual (paid or unpaid) working for an employer, as well as job applicants. For the most part, any person or company with at least 1 employee in Cook County is considered an “employer” under the ordinance. So even the smallest employers in the county must comply.
Remedies and Penalties: If the Cook County Commission finds that sexual harassment occurred, it can order remedies for the victim similar to those under state law. Overall, Cook County’s enforcement emphasizes making victims whole and correcting workplace practices. Keep in mind that if your workplace is in Chicago, the City’s stricter rules and penalties (described next) will also apply, often in addition to the county ordinance.
City of Chicago Law (Chicago Human Rights Ordinance & 2022 Amendments)
Definition: The City of Chicago has its own Human Rights Ordinance, which was strengthened in 2022 to further crack down on sexual harassment. Chicago’s definition of **“sexual harassment” now explicitly includes “sexual misconduct.” In April 2022, the City Council amended the law to expand the definition as follows: “Sexual harassment” means (i) any unwelcome sexual advances or unwelcome conduct of a sexual nature, or (ii) any requests for sexual favors or sexual conduct when (1) submission is made a term or condition of employment, (2) submission to or rejection of it is used as the basis for employment decisions, or (3) it has the purpose or effect of substantially interfering with work performance or creating a hostile work environment; **or (iii) ‘sexual misconduct,’ which means any sexual behavior that involves coercion, abuse of authority, or misuse of the individual’s employment position.”.
Who is Protected: Chicago’s ordinance applies to all employers and workers in the city, largely mirroring the coverage of the Cook County and Illinois laws. If you work in Chicago, you are protected regardless of your employer’s size.
Employer Obligations: Chicago now imposes some of the strictest anti-harassment compliance requirements in the nation for employers.
These requirements are enforced by both the Chicago Commission on Human Relations (for the policy content) and the Department of Business Affairs and Consumer Protection (for posting and training compliance)
Remedies and Penalties: Chicago’s 2022 amendments sharply increased penalties for harassment violations to ensure strong deterrence. If the Chicago Commission on Human Relations finds that an employer or individual violated the sexual harassment ordinance, the fines can be $5,000 to $10,000 per violation. The employer may also be ordered to take corrective action, such as firing the harasser, reinstating a wrongfully terminated victim, training staff, or instituting new monitoring and reporting procedures.