If something happened at work that left you feeling unsafe, humiliated, violated, or shaken, you may struggle to describe it. Many people hesitate to use words like harassment or assault, worrying they might exaggerate or that others will not believe them. Others downplay what happened simply to survive the day and keep their job.
What matters most is not whether you immediately choose the “right” legal term. What matters is understanding that the law recognizes this conduct and that you have options. Sexual harassment and sexual assault are distinct legal concepts, but in the workplace they often overlap—and sometimes a single incident fits both. Understanding the difference can help you protect yourself, preserve evidence, and decide what steps make sense for you.
Sexual Harassment Is a Workplace Civil Rights Violation
Title VII of the Civil Rights Act of 1964 and Illinois law prohibit sexual harassment as a form of sex-based discrimination. Sexual harassment does not require physical force, and it does not require repeated behavior in every situation.
The EEOC defines sexual harassment broadly. It includes:
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal or physical conduct of a sexual nature
- Offensive conduct related to sex, even when it is not overtly sexual
In real workplaces, sexual harassment usually appears in two forms.
A hostile work environment exists when unwelcome conduct becomes severe or pervasive enough to interfere with your ability to work or to make the workplace intimidating, hostile, or abusive. This can involve repeated comments or touching—but a single serious incident can qualify.
Quid pro quo harassment occurs when someone in authority ties job benefits or threats to sexual conduct. This may involve promotions, schedules, assignments, evaluations, continued employment, or avoiding discipline.
Harassment does not need to come from a supervisor. Coworkers and third parties—such as customers, vendors, or contractors—can also commit harassment. Employers may still bear legal responsibility depending on what they knew or should have known and how they responded.
Sexual Assault Is Nonconsensual Sexual Contact
Sexual assault centers on lack of consent. Although state law defines it differently, sexual assault generally involves nonconsensual sexual contact or acts prohibited by law, including situations where someone cannot legally consent.
In the workplace, sexual assault represents a severe form of harassment involving nonconsensual physical sexual contact. This can include unwanted touching and, in extreme cases, rape or attempted rape.
Sexual assault often triggers criminal consequences, but it can also create workplace liability. Employers may face consequences for failing to prevent known risks, failing to respond appropriately, or retaliating against someone who reports the assault.
One Incident Can Be Both
In real life, these categories often overlap.
For example:
- Unwanted touching at work may qualify as sexual harassment and may also constitute sexual assault, depending on the conduct and state law.
- A supervisor’s coercive behavior may amount to quid pro quo harassment and, if it involves nonconsensual contact, sexual assault.
This overlap matters because it affects your options. You may pursue:
- A workplace complaint or civil rights process
- A criminal report
- A civil lawsuit
- Or more than one of these at the same time
Reporting to HR does not replace criminal accountability. Reporting to law enforcement does not resolve workplace responsibility on its own. Each process serves a different purpose, and they can move forward simultaneously.
Why Documentation Matters More Than You Think
One of the most important steps you can take—when it is safe—is to document what happened. Documentation does not require you to relive the experience. It helps protect you and preserve your credibility in systems that often move slowly.
When something happens, document:
- The date, time, and location
- Exactly what was said or done
- Who was involved
- Any witnesses
- How you responded
- How the incident affected your ability to work
Save messages, emails, texts, calendar entries, and notes. Keep copies outside of work systems whenever possible. If you sought medical care, counseling, or confided in someone shortly afterward, the timing can strengthen your record.
Many people worry they did not document “enough” or did not react perfectly. The law does not require perfection. It looks at the totality of the circumstances, and contemporaneous notes often carry significant weight.
Fear of Retaliation Is Real — and the Law Takes It Seriously
Fear drives much of the silence around workplace harassment and assault. People fear losing their jobs, earning a reputation as “difficult,” or facing isolation, demotion, or termination.
Retaliation does not always appear obvious. It can include:
- Sudden schedule changes or reduced hours
- Exclusion from meetings or projects
- Negative performance reviews that conflict with prior feedback
- Demotion or reassignment
- Termination
Federal and Illinois law generally prohibit retaliation against employees who report harassment, participate in investigations, or assert their rights. Retaliation itself can constitute a separate legal violation—even when an employer disputes the underlying harassment.
This does not mean retaliation never happens. It means the law recognizes the risk and provides tools to address it. Speaking with an attorney early can help you document retaliation, anticipate common employer tactics, and protect yourself.
There Is No One “Right” Way to Respond
Every situation is different. Safety comes first. Some people report immediately. Others need time. Some contact law enforcement. Others focus on workplace remedies.
When safe, practical steps may include:
- Documenting what happened
- Using internal reporting channels and keeping copies
- Seeking medical or emotional support
- Talking to an attorney if your employer ignores the issue, minimizes it, or retaliates
If you question whether what happened “counts,” that uncertainty alone often signals that something went wrong.
You Are Not Alone
Workplace harassment or assault can cause people to question their judgment, their career, and their sense of safety. The law exists because these harms are real—and because employees should not have to choose between their dignity and their livelihood.
1818 represents employees who have experienced workplace sexual harassment and workplace sexual assault, including retaliation after reporting.
If you feel unsure about what your experience means legally or what step to take next, a confidential conversation can help you understand your options and regain control.
You do not have to navigate this alone.
