Sexual Assault and Workplace Discrimination: Your Legal Rights in Illinois

Sexual harassment and sexual assault in the workplace violate both Illinois employment law and federal law. No employee should have to endure unwanted sexual advances, physical harassment, or discriminatory behavior at work. If you are a victim, legal protections are in place to empower you to take action.

At 1818, our experienced employment litigation attorneys help victims of workplace sexual harassment and workplace sexual assault recover damages, hold employers accountable, and restore dignity.

What is Sexual Harassment in the Workplace?

Under the Illinois Human Rights Act and Title VII of the Civil Rights Act, sexual harassment in the workplace occurs when someone engages in unwelcome conduct based on gender, sexual orientation, or another protected status. It can involve:

✅ Quid Pro Quo Sexual Harassment – When a supervisor demands sexual favors in exchange for job benefits such as a promotion, salary increase, or positive performance reviews.

✅ Hostile Work Environment – When offensive behavior creates an intimidating or abusive workplace. This includes repeated sexual jokes, unwanted touching, or inappropriate comments that interfere with work performance.

Common examples of workplace sexual harassment include:

• Unwanted sexual advances from a boss or coworker
• Sexually explicit comments or jokes
• Requests for sexual favors in exchange for workplace benefits
• Unwanted touching, groping, or physical contact
• Displaying inappropriate images or offensive content

The EEOC reports that nearly 28% of all workplace harassment complaints from 2017-2021 involved sexual harassment claims, showing a concerning rise in these cases.

What is Workplace Sexual Assault?

Sexual assault at work refers specifically to non-consensual physical contact of a sexual nature. This includes:

• Groping or unwanted physical contact
• Molestation or inappropriate touching
• Rape or forcible penetration
• Sexual coercion by a supervisor, manager, or coworker

Under Illinois and federal law, workplace sexual assault is a criminal offense, and victims may pursue both civil and criminal legal options against their employer or harasser.

Your Legal Rights Under Illinois Sexual Harassment Laws

Illinois and federal employment discrimination laws protect victims of workplace sexual harassment. To file a successful legal claim, you must prove that:

• The harassment was severe or pervasive, creating a hostile work environment.
• The harassment resulted in an adverse employment action, such as termination, demotion, or retaliation.

Illinois law holds employers liable for workplace sexual harassment and assault when:

• A manager or supervisor committed the harassment (strict liability applies).
• The employer knew about the harassment and failed to act (negligence).
• A client, contractor, or vendor committed the harassment, and the employer failed to intervene.

What Should You Do If You Are Sexually Harassed at Work?

If you experience workplace sexual harassment or sexual assault, follow these steps:

1. Document Everything. Keep records of dates, times, incidents, emails, texts, and witnesses. Save all employment documents, such as performance reviews and pay stubs.
2. Report the Harassment. Notify HR or your supervisor in writing. Follow your company’s complaint procedure and keep a copy of all communications.
3. Consult an Employment Attorney. If your employer ignores your complaint or retaliates against you, contact an Illinois sexual harassment lawyer at 1818 to explore legal action.
4. File an EEOC or IDHR Complaint. File a formal charge with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR) to seek justice.

Can You Sue Your Employer for Sexual Harassment?

Yes. Illinois law allows victims of workplace sexual harassment and sexual assault to sue:

• The harasser (supervisor, coworker, client, or vendor)
• The employer (if they failed to take corrective action)
• Other responsible parties in certain cases

Victims may be entitled to:

• Monetary damages (lost wages, emotional distress, legal fees)
• Equitable relief (reinstatement, promotion, policy changes)
• Punitive damages (to punish and deter future misconduct)

Retaliation for Reporting Sexual Harassment is Illegal

Many victims fear reporting harassment due to potential retaliation, such as losing their job, being demoted, or workplace bullying. Illinois and federal law strictly prohibit retaliation for reporting sexual harassment. If your employer punishes you for speaking up, you may have a separate legal claim for retaliation.

Sexual Harassment by Non-Employees

Illinois law (775 ILCS 5/2-102(D)) holds employers responsible for sexual harassment by non-employees, such as:

• Contractors
• Clients or customers
• Consultants or third-party vendors

If an employer knows about the harassment and does nothing, they may be legally liable.

Resources for Sexual Harassment Victims in Illinois

If you are a victim of workplace sexual harassment or sexual assault, you don’t have to face this alone. These resources can provide support, advocacy, and legal assistance:

• 📞 Illinois Coalition Against Sexual Assault – Free and confidential services, including counseling and legal advocacy. (Phone: 217-753-4117)
• 📞 Illinois Attorney General’s Office – Legal assistance for victims of workplace discrimination and sexual harassment. (Phone: 877-378-5465)
• 📞 National Sexual Assault Hotline – 24/7 confidential support. (Phone: 800-656-4673)

Need Legal Help? Contact an Illinois Workplace Sexual Harassment Lawyer

If you are experiencing sexual harassment or sexual assault at work, you deserve justice. At 1818, we are dedicated to protecting employees, holding employers accountable, and fighting for your rights.

Contact us today for a confidential consultation.