Sexual harassment is harassment in a workplace or professional setting that involves things like unwanted sexual advances, sexual touching, or obscene remarks. Sexual harassment includes inappropriate remarks of a sexual nature or about someone’s sex, requests for sexual favors in return for a promotion or bonus, and other verbal or nonverbal conduct of a sexual nature. Sexual harassment is illegal in Illinois under Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act. 

Sexual harassment includes, but is not limited to, the following: 

• Unwanted touching (i.e. groping)
• Pressure or requests for sexual favors (i.e. “sleep with me and you’ll get a promotion”) 
• Actual or attempted rape or sexual assault 
• Unwanted sexual jokes or questions
• Making sexual gestures 
• Pressure or requests for dates or sexual favors 
• Sexual topics of conversation 
• Sexually explicit texts, calls, emails, drawings, or photos (i.e. “my boss showed me porn” and “dick pics”) 
• Sexual innuendos and questions 

Sexual harassment can come in different forms, including hostile work environment and quid pro quo harassment. Sexual assault may also violate both civil and criminal law. If you have experienced any of the above, or anything similar, you may have a claim against your employer or another responsible party. 

Yes, state and federal sexual harassment laws do not require that the person committing the harassment be of the opposite sex. Same-sex harassment can still be illegal. LGBTQ+ employees have the right to a workplace free from unlawful harassment. However, the law can be more complicated as applied to members of the LGBTQ+ community. 

Not all bad conduct at work constitutes sexual harassment. For instance, bullying that is not based on sex or gender is usually not sexual harassment, nor is general bad behavior by your boss, such as using profanity or yelling. However, if your supervisor treats women worse than men, that may give rise to a claim under Illinois or federal law. 

You should take action as soon as possible. You have options. 

You can report harassment according to your company’s internal policies and procedures. If you do not know where to look for this information, your company’s website may have it, or you can contact human resources. 

You can file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR), with or without an attorney. We recommend hiring an attorney before filing a charge if possible. 

If you believe you have been the victim of sexual harassment, you can make an appointment today to speak with us. 

Use your voice and remember that you are not alone, and you have the right to a workplace free from sexual harassment. 

It is not too late. In Illinois, you generally have up to two years from the date of the alleged harassment to file a charge with the Illinois Department of Human Rights (IDHR). For federal claims, you generally have 300 days to file a charge with the EEOC. There may also be circumstances that affect these deadlines, so you should not wait to take action. 

You should always act as soon as possible and contact a Chicago sexual harassment lawyer. 

Your employer has a responsibility to provide a workplace free from unlawful harassment. If your boss or supervisor is the harasser, your employer may be held responsible for the harassment, depending on the circumstances. 

If a coworker is the harasser, the employer may be responsible if it knew or should have known about the harassment and failed to take appropriate action to stop it. 

The bottom line: people do not have to submit to harassment or unwanted sexual advances from their supervisors, coworkers, customers, or clients in the workplace. If something is happening, say something, report it, speak out, speak up, get help, contact a Chicago sexual harassment lawyer, and take action! 

If you feel you are being subjected to sexual harassment, get to a safe place and report it as soon as possible. Making a good faith report of sexual harassment is protected conduct under state and federal anti-discrimination laws. In other words, retaliation against you by your employer for making a report may violate the law. In many circumstances, reporting the harassment to your employer can be an important step in putting the employer on notice and giving the employer the chance to address the harassment. 

Also, if you report harassment, the person committing the harassment will know that their behavior and advances are unwanted. Reporting the harassment to your supervisors or HR is normally a crucial first step in the process. 

Retaliation for reporting sexual harassment is illegal. Retaliation can include firing, transferring you to another location or division against your will, or excluding you from commissions or other work opportunities. If you experience retaliation, you should report that as well. 

What you can recover as damages from your sexual harassment lawsuit depends on the circumstances. 

There are several types of damages victims may be able to recover: 

• Economic Damages: back pay and front pay for missed work and lost benefits
• Compensatory Damages: emotional harm and mental anguish suffered as part of the harassment, as well as costs for therapy and other treatment 
• Punitive Damages: damages intended to punish an employer for particularly serious or reckless misconduct and deter similar conduct in the future 

Just because you come forward with a claim does not mean the case will automatically become public. There are many ways to resolve a case without filing a lawsuit or creating publicly available court records. For example, the EEOC process is generally confidential and not part of the public court record. And, even if you eventually file a lawsuit, there may be options for protecting your identity in certain circumstances. 

If you are concerned about your privacy, you should discuss your options with a Chicago sexual harassment lawyer before taking action. 

LGBTQ+ individuals have a right to be free from unlawful workplace sexual harassment and discrimination in Illinois. However, the application of the law can depend on the specific circumstances of the harassment, the conduct involved, and the people involved. 

Harassment victims have the right to speak out about their experiences. Social media can be one way to do that, but it also comes with significant risks. In some sexual harassment cases, social media posts have been used against victims, and some victims have even faced legal claims as a result. 

It is best to consult a Chicago sexual harassment lawyer before posting about your workplace sexual harassment experience publicly, when possible, so you understand your rights, the potential risks, and can move forward accordingly. 

Sexual harassment can happen in every industry, but to name a few: the service industry (waitress, hostess, bartender), the hospitality industry (concierge, housekeeper), the sports industry (reporter, broadcaster, writer), the sales industry (retail, car sales), and financial services (banker, teller). Just because you do not work in one of these industries does not mean your claim of sexual harassment is not valid. Sexual harassment can happen to anyone at any job.