If you witness sexual harassment at work and report it, you’re exercising a protected right under both federal and Illinois law. Unfortunately, some employers punish the very employees who speak up. If your employer demoted, fired, or disciplined you after you reported harassment of a coworker, you may have a valid retaliation claim.
Legal Protection for Witnesses to Sexual Harassment
You don’t have to be the direct victim of sexual harassment to receive legal protection. Both the Equal Employment Opportunity Commission (EEOC) and the Illinois Human Rights Act recognize that employees can experience a hostile work environment even when the harassment targets someone else. If you regularly witness sexual comments, unwanted touching, jokes, or other inappropriate behavior that makes your workplace uncomfortable, the law protects you from that environment.
Employees are also protected when they report or oppose harassment. Whether you complain to human resources, a manager, or an outside agency such as the EEOC or Illinois Department of Human Rights (IDHR), your employer cannot legally retaliate against you.
What Retaliation Looks Like
Retaliation occurs when an employer punishes an employee for reporting or participating in an investigation of sexual harassment. Punishment isn’t limited to termination—it can include demotion, reduced hours, negative performance reviews, exclusion from meetings, changes in job duties, or any action that would discourage a reasonable person from reporting misconduct.
Examples of Protected Activity
You engage in protected activity when you take any good-faith steps to oppose discrimination or harassment, including:
- Reporting a coworker’s sexual harassment to HR or a supervisor.
- Participating in an internal investigation or interview about the incident.
- Providing statements or evidence to the EEOC or IDHR.
- Supporting or testifying on behalf of another employee’s complaint.
Your Legal Options and Remedies
If your employer punished you for reporting sexual harassment, you may have claims for both retaliation and a hostile work environment. In Illinois, you must first file a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). After serving the claim on the Respondents, IDHR will allow you to file a document to “opt-out” of the IDHR investigation, resulting in the agency issuing a ‘Right to Sue’ letter, which allows you to file a lawsuit in circuit or federal court.
Employees who win retaliation or harassment cases may recover:
- Back pay and front pay for lost wages and benefits.
- Compensatory damages for emotional distress and reputational harm.
- Punitive damages (for private employers under federal law).
- Attorney’s fees and court costs.
- Reinstatement or policy changes ordered by the court.
Take Action If You’ve Been Punished for Speaking Up
If you witnessed sexual harassment and suffered retaliation for reporting it, you don’t have to handle the situation alone. Federal and state laws protect you for doing the right thing. The attorneys at 1818 can help you understand your rights, file complaints, and pursue justice.
Speaking up about harassment should never cost you your job. If you believe your employer retaliated against you for reporting misconduct, contact 1818 today to schedule a confidential consultation.
