Sexual Harassment

Sexual Harassment Attorneys in Naperville & Chicago

Representing Sexual Harassment Victims in the Chicago Area

The “Me Too” movement has brought sexual harassment to the spotlight. In Illinois, sexual harassment and sexual assault are illegal. You can count on Fish Potter Bolaños, P.C. to resolve sexual harassment in and outside of the workplace and aggressively fight for your interests.

Schedule your initial case review by calling us at (630) 364-4061 today.

Federal Sexual Harassment Laws

Sexual harassment involves unwelcome sexual conduct, requests for sexual favor, advances, and other conduct. Private employers are prohibited from discriminating based on sex:

“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).

There are also a number of laws that protect minors who have been sexually abused, including Sexual Exploitation of a Minor–18 U.S.C.A. § 1466A.

Employers can be held vicariously liable for a supervisor’s sexual harassment of a subordinate.

An employer can avoid liability by showing:

  • They exercised reasonable care to prevent and correct promptly any sexually harassing behavior
  • The plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise

Sexual Harassment Laws in Illinois

The Illinois Gender Violence Act protects woman who are victims of sexual assault. This can include unwanted touching, rape, and other forms of gender-related violence.

The statute of limitations on this Act is much longer than the limitations for employment discrimination claims filed with the Illinois Department of Human Rights or Equal Employment Opportunity Commission. The limitation period for claims involving physical conduct under the Illinois Gender Violence Act is seven years.

    Filing a Sexual Harassment Complaint

    You can file a complaint with the EEOC or the Illinois Department of Human Rights about sexual harassment in the workplace. In fact, if you plan to bring a sexual harassment lawsuit, you are required to timely file with the appropriate government agency.

    If you need to report an incident of sexual harassment in the workplace, it is important to take the following steps:

    • Document in writing/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
    • Don’t quit your job if at all possible
    • Follow the sexual harassment/discrimination guidelines in your employment handbook
    • Contact a sexual harassment attorney to advise you through the process

    For more information, visit the EEOC's website to learn about how to file a charge of employment discrimination.

    Sexual Harassment Claims Our Attorneys Have Handled

    • Represented a nurse who had a physician put his hands inside of her shirt and on her breasts and, when our client complained, she was fired.
      • Substantial confidential settlement reached
    • Represented worker who alleged she was sexually assaulted at a workplace event and fired in retaliation for reporting it to her local police department. Claims were asserted under the Illinois Whistleblower Act and for wage claims.
      • Obtained substantial agreed judgment
    • Represented auditing firm in litigation in suing former vice president and board member after he had been accused of sexual harassment and had his employment terminated. Allegations included breach of fiduciary duties and counterclaims for compensation under various contracts.
    • Represented medical professional who had an intimate relationship with one of the married physician owners where she worked. After the relationship ended, the nature of the work relationship ended.
      • We were able to resolve on a pre-lawsuit basis, including all sexual harassment claims, our client’s case to her satisfaction
    • Defended a university professor against allegations of harassment and sex discrimination by his former students. The plaintiffs alleged that the professor violated Title IX, committed assault and battery, and inflicted negligent and intentional emotional distress upon them based upon conduct that occurred while they were students at a private university.
      • Within less than 1 year of the lawsuit being filed, we convinced the plaintiffs to voluntarily dismiss their claims against our client - with prejudice - and without being paid any money whatsoever. (Chicago, Illinois)
    • We have represented several employees who have been sexually harassed or had inappropriate sexual behavior from their superiors at work.

    Consult with one of our experienced attorneys by calling us at (630) 364-4061 or filling out our online form today.

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