Under Illinois law, employers are required to provide a workplace that is free from unwelcome sexual advances, requests for sexual favors, and any other unwanted conduct of a sexual nature that might create a hostile work environment. If you have been the victim of workplace sexual abuse, then you know that it can disrupt your working situation and cause you great psychological harm. This is why the Illinois Human Rights Act (IHRA) was passed into law as 775 ILCS 5, empowering the Illinois Department of Human Rights (DHR) to enforce these provisions against employers that do not take steps to address sexual abuse and harassment at their jobs. If you have been a victim of workplace sexual harassment, you are going to want to retain the services of an experienced Illinois employment attorney to help you address the situation with your employer and receive the compensation you deserve.
What are the Legal Obligations of Employers?
Illinois employers have a legal obligation to prevent and address instances of sexual harassment in the workplace. This includes creating written policies to address the problem. These policies need to set forth in clear language how reports of sexual abuse are handled internally, as well as stating the penalties for those who violate the policies. In addition, employers need to hold annual sexual harassment prevention training for all employees. This training must be compliant with the minimum standards set forth by the DHR.
An employer is strictly liable for sexual harassment committed by its managers and supervisors. This means that the employer is liable even if it didn’t do anything wrong. In addition, the victim does not need to show that he or she suffered any adverse employment action as a result of the abuse.
What Prevention Policies Must an Employer Put in Place?
The main prevention for employers is the requirement to have a written sexual harassment policy in place. This must comply with the DHR standards at a very minimum. This includes providing a definition of what constitutes sexual harassment with clear examples. It also has to outline the internal complaint procedure for the employer. This will list the reporting procedures for sexual abuse, how investigations are handled, and what penalties a harassing manager, supervisor, or coworker will face for having been found to have engaged in this misconduct.
All employers are required to have a no retaliation policy. This means that if an employee reports being sexually abused or harassed, he or she will not be fired or suffer any other penalty as a result of filing this report.
What are the Training Requirements for Employers?
Every employer in Illinois must provide annual sexual harassment prevention training for employees. Supervisory employees are required to have two hours of training, while non-supervisory employees must attend a one-hour training session. In addition, employees are also required to attend a one hour of bystander intervention training. If an employer hires a new employee or promotes an existing employee to a supervisory position, this person must attend training as soon as possible. Employers are required to keep records of all training, with copies of certificates of completion for each employee.
Illinois restaurants and bars are required to provide supplemental sexual harassment training compliant with Section 2-110 of the IHRA. This must also be conducted in English and Spanish to make sure that all employees understand how sexual abuse is to be addressed in the workplace.
What are the Procedures for Reporting Sexual Abuse?
If you believe that you have been the victim of workplace sexual abuse, you need to follow the written policies of your business. This will likely require that you first report the matter to your supervisor unless the supervisor or manager is the one responsible for the harassment. If this is the case or if your employer’s written policy states otherwise, then it is likely that you will need to report the abuse to the human resources department and/or the Equal Employment Opportunity Officer (EEO). This is often the case in businesses that have a large number of employees. Once the report has been made, the person charged with investigating the allegations will conduct the review and issue a report about his or her findings.
You also have the right to file a charge with the DHR. This is something you should consider if you believe that your employer did not handle the report you filed in a fair manner compliant with its written policy. You can file a complaint at the DHR’s offices or over the phone on the DHR’s confidential helpline. In cases where the abuse involved criminal conduct such as assault, rape, or attempted rape, you can report it to law enforcement to conduct a criminal investigation of the alleged abuser.
Employees who have been the victim of sexual abuse also have the right to file a civil lawsuit against the victimizer and the employer. Illinois holds employers strictly liable for workplace sexual harassment, especially if the employer is not compliant with the IHRA or it does not follow its own written policies.
Contact an Illinois Employment Lawyer Today
No one deserves to be the victim of sexual abuse in the workplace. If you have been subject to unwanted sexual advances or a hostile workplace environment, the experienced employment attorneys at Hale & Monico will fight to get you the compensation you deserve. Contact our firm today to arrange a consultation on your matter.