Employees who experience harassment at work often ask a difficult but important question: “What is a fair settlement amount?”
The answer depends on individual facts. Every case is unique — but understanding how Illinois and federal law handle workplace harassment, and what factors influence value, can help you set realistic expectations.
Illinois Laws That Prohibit Workplace Harassment
Illinois law treats harassment as a form of employment discrimination. Both state and federal laws protect employees from harassment tied to protected characteristics such as:
- Race
- Sex or gender (including sexual harassment and pregnancy)
- Age
- Disability
- National origin
- Religion
Key Laws Include:
- Illinois Human Rights Act (IHRA)
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
Before filing a lawsuit, most employees must first file a charge of discrimination with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC). Under a worksharing agreement, filing with one agency typically counts as filing with both.
How the Value of a Harassment Case Is Determined
Settlement and verdict amounts vary widely, but several key factors influence value:
- Strength of evidence: Emails, texts, and witness statements can make a case much stronger.
- Severity and duration: Long-term harassment generally results in higher damages than isolated incidents.
- Employer response: Employers who ignore or retaliate against complaints increase their own exposure.
- Size and resources of the employer: Larger companies often face greater liability and can afford higher settlements.
- Types of damages: Lost wages, emotional distress, and sometimes punitive damages.
- Legal caps: Federal law caps certain damages based on company size, while Illinois law does not cap many state-law remedies.
When combined, these elements determine whether a case settles for a modest amount or reaches six figures and beyond.
Typical Settlement Ranges
Because most settlements are confidential, exact figures are hard to verify. However, general patterns can be seen:
- Many harassment claims resolve for thousands or tens of thousands of dollars.
- Serious cases involving retaliation, termination, or prolonged harassment can lead to settlements or verdicts in the hundreds of thousands.
- Under federal law, compensatory and punitive damages are capped between $50,000 and $300,000, depending on employer size.
- Illinois law does not impose such caps for many claims under the Illinois Human Rights Act, meaning damages can vary based on the facts and evidence.
The most important factor isn’t “the average” — it’s the specific facts of your case.
Types of Damages Available
Employees may be entitled to different categories of damages, each serving a distinct purpose.
Economic Damages
- Back pay: Missed wages, benefits, or bonuses.
- Front pay: Future wages if reinstatement isn’t possible.
- Out-of-pocket costs: Therapy, medical expenses, or job-search costs.
Non-Economic Damages
- Emotional distress such as anxiety, depression, or sleeplessness.
- Pain and suffering from a hostile work environment.
- Damage to professional reputation.
Punitive Damages
Punitive damages may be available in certain court actions but are not awarded in administrative proceedings before the IDHR or the Illinois Human Rights Commission.
Settlement vs. Trial: What’s the Difference?
Employees often struggle to decide whether to settle or go to trial. Both routes have pros and cons.
- Settling a case may offer:
- Faster resolution with less emotional strain.
- Lower legal costs.
- Confidentiality.
- Predictable results.
- Going to trial may offer:
- The chance for a larger verdict.
- Public accountability for the employer’s conduct.
- Potential recovery of punitive damages or attorney’s fees.
Trials are time-consuming, expensive, and unpredictable, but lead to larger verdicts and ensure your claims are brought to the public’s attention.
How to Maximize a Harassment Settlement
The groundwork for a fair resolution begins long before negotiations. Key steps include:
- Keep detailed records: Document every incident — dates, times, witnesses, and outcomes.
- Preserve communications: Save emails, texts, and HR complaints.
- File promptly: Deadlines vary — the EEOC generally requires filing within 180 to 300 days, while the IDHR allows up to two years for most employment claims.
- Work with experienced counsel: A knowledgeable attorney can protect your rights and build a persuasive case.
- Demonstrate harm: Connect lost income or emotional distress directly to the harassment.
Why Settlement Amounts Vary So Widely
Two employees with similar complaints can see very different outcomes. Settlement variation is driven by factors such as:
- Severity of the harassment.
- Whether retaliation or termination occurred.
- Employer’s size and response.
- Applicable law: Federal law caps some damages, while Illinois remedies may not.
Each case turns on its own facts and the quality of its evidence.
Know Your Rights — and Your Options
Workplace harassment is not only illegal; it’s deeply disruptive to careers and emotional well-being. Understanding how the law values these cases helps employees make informed choices about whether to settle or pursue litigation.
At 1818, we approach harassment cases with careful analysis, strong advocacy, and a focus on achieving meaningful results for our clients.
If you believe you’ve been harassed or retaliated against at work, contact us for a confidential consultation. Together, we can assess your situation and pursue the outcome you deserve.
