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Sexual Harassment Laws in Illinois: Your Rights and Protections

Sexual harassment is illegal in Illinois under both state and federal law. The Illinois Human Rights Act (IHRA) prohibits sexual harassment in the workplace and provides stronger protections than federal law by covering employers with 1 or more employees (federal Title VII requires 15+).

Illinois has also enacted mandatory sexual harassment prevention training requirements for all employers, making Illinois one of the most progressive states in combating workplace sexual harassment.

If you’re experiencing unwelcome sexual advances, requests for sexual favors, or a hostile work environment based on sex, understanding your rights under Illinois law is critical to protecting yourself and holding harassers accountable.

Sexual Harassment Under Illinois Law

Illinois Human Rights Act (IHRA)

The IHRA prohibits sexual harassment as a form of sex discrimination:

Who is protected: All employees in Illinois

Which employers: 1 or more employees (compared to Title VII’s 15+ requirement)

What’s prohibited:

  • Quid pro quo harassment (demanding sexual favors in exchange for job benefits)
  • Hostile work environment harassment (severe or pervasive unwelcome sexual conduct)
  • Third-party harassment (by customers, clients, vendors)
  • Retaliation for reporting harassment or participating in investigations

Enforcement: Illinois Department of Human Rights (IDHR)

Federal Title VII Protection

Title VII of the Civil Rights Act of 1964 also prohibits sexual harassment:

Who is protected: All employees

Which employers: 15 or more employees

What’s prohibited: Same as IHRA (quid pro quo and hostile environment)

Enforcement: Equal Employment Opportunity Commission (EEOC)

Key advantage of IHRA over Title VII: Covers employers with 1-14 employees (no Title VII protection at these small employers)

Types of Sexual Harassment

Quid Pro Quo Harassment

“This for that” harassment occurs when someone in authority conditions job benefits on sexual favors.

Elements:

  • Demand for sexual conduct
  • In exchange for job benefit or to avoid job detriment
  • By supervisor or someone with authority over victim

Examples:

  • Manager tells you that you’ll get promoted if you go on a date with him
  • Supervisor says she’ll give you better shifts if you have sex with her
  • Boss threatens to fire you unless you tolerate his sexual advances
  • Manager implies your performance review will improve if you’re “friendlier”

Example scenario: Your supervisor explicitly tells you, “If you sleep with me, I’ll make sure you get the raise you’ve been asking for.” Two weeks later, when you refuse, you’re denied the raise while less qualified coworkers receive raises. This is quid pro quo sexual harassment violating IHRA—your supervisor conditioned a job benefit (raise) on sexual conduct.

Why quid pro quo is serious: Single incident is enough (doesn’t need to be “severe or pervasive”). Employer is strictly liable for supervisor’s quid pro quo harassment.

Hostile Work Environment Harassment

Hostile environment harassment creates an abusive, intimidating, or offensive workplace through unwelcome sexual conduct.

Elements:

  • Unwelcome conduct of a sexual nature
  • Severe or pervasive enough to alter working conditions
  • Creates abusive or hostile environment
  • Employer knew or should have known and failed to take corrective action

“Severe or pervasive” test:

  • Severe: Single incident so egregious it creates hostile environment (e.g., sexual assault, extreme sexual proposition)
  • Pervasive: Pattern of ongoing conduct that cumulatively creates hostile environment (repeated comments, touching, propositions)

Examples of hostile environment harassment:

  • Repeated sexual comments about your body or appearance
  • Unwanted touching, hugging, kissing, or groping
  • Sexual jokes, innuendos, or stories
  • Displaying sexually explicit images, videos, or materials
  • Repeated requests for dates after you’ve said no
  • Sexually explicit emails, texts, or messages
  • Comments about sex acts or sexual orientation
  • Staring at or leering at sexual body parts
  • Making kissing sounds or sexual gestures

Example scenario: Over 6 months, your male coworker repeatedly makes sexual comments about your breasts, sends you sexually explicit memes, asks detailed questions about your sex life, and makes jokes about having sex with you. You’ve told him to stop multiple times and complained to your supervisor, but your supervisor says “boys will be boys” and takes no action. This is hostile work environment sexual harassment—the conduct is pervasive, unwelcome, and your employer failed to stop it.

Third-Party Harassment

Illinois law recognizes third-party harassment by non-employees.

Who can be a third-party harasser:

  • Customers or clients
  • Vendors or suppliers
  • Contractors or consultants
  • Delivery drivers
  • Anyone employer allows in workplace

Employer’s duty: Employers must take reasonable steps to prevent and stop third-party harassment.

Example: You work at a retail store. A regular customer frequently makes sexual comments to you, touches your arms and shoulders, and follows you around the store making sexually suggestive remarks. You’ve complained to management multiple times, but management says “he’s a good customer, just ignore him.” Your employer’s failure to protect you from this third-party sexual harassment violates IHRA.

Restaurant workers: Illinois law specifically recognizes that restaurant workers (servers, bartenders, hosts) face elevated third-party harassment risk from customers and includes enhanced protections.

Illinois Mandatory Sexual Harassment Training

Illinois requires all employers to provide annual sexual harassment prevention training.

Training Requirements

Illinois Workplace Transparency Act (effective January 1, 2020) mandates:

Who must provide training: All employers in Illinois (regardless of size)

Who must receive training: All employees (full-time, part-time, seasonal, temporary, interns)

Frequency: Annually (every calendar year)

Training must be completed: Within one year of hire and then annually thereafter

Minimum training duration: At least 1 hour per year

Content requirements:

  • Explanation of sexual harassment under Illinois law
  • Examples of conduct constituting harassment
  • Federal and state remedies available to victims
  • Employer’s complaint process and how to report
  • Responsibilities of supervisors
  • Prohibition on retaliation for reporting

Additional supervisor training: Supervisors and managers must receive additional training beyond the basic employee training, covering:

  • How to prevent harassment
  • How to respond to complaints
  • Investigation procedures
  • Employer’s legal obligations

Record-keeping: Employers must retain records of training completion

Model training: Illinois Department of Human Rights provides free model sexual harassment prevention training programs employers can use to comply.

Penalties for Non-Compliance

Failure to provide required training:

  • Can be used as evidence of employer’s negligence in harassment lawsuits
  • May result in higher damages or liability
  • Demonstrates employer’s failure to prevent harassment

Example: You experience severe sexual harassment and sue under IHRA. During litigation, it’s revealed that your employer never provided the mandatory annual sexual harassment training. This strengthens your case by showing employer’s failure to comply with preventive legal obligations, potentially increasing damages.

Who Can Be Held Liable

Employer Liability

Employers are liable for sexual harassment in their workplace:

Quid pro quo harassment by supervisor:

  • Strict liability – employer automatically liable
  • No defense even if employer didn’t know
  • Employer liable even if prohibited harassment in policy

Hostile environment harassment:

  • Employer liable if knew or should have known and failed to take prompt corrective action
  • Employer’s failure to stop harassment after being notified creates liability

Preventive measures reduce liability:

  • Strong anti-harassment policies
  • Regular training
  • Clear complaint procedures
  • Prompt, thorough investigations
  • Immediate corrective action when harassment found

Individual Harasser Liability

Under IHRA, individual harassers can be held personally liable:

Who can be sued:

  • The person who committed harassment (supervisor, coworker, manager)
  • Company decision-makers who failed to stop known harassment

Personal liability means: Harasser can be ordered to pay damages from their own assets, not just employer’s

Example: Your supervisor sexually harasses you for months. You sue under IHRA and name both your employer and your supervisor as defendants. Jury finds both liable. Your supervisor must personally pay a portion of damages—he can’t hide behind the corporate shield.

Why this matters: Personal liability creates strong incentive for supervisors and managers to prevent and stop harassment.

Third Parties

Third parties who harass employees can potentially be held liable, though this is less common.

Employer’s primary liability: Generally employer (not third party) is sued for failing to protect employee from third-party harassment.

What to Do If You’re Being Sexually Harassed

Step 1: Tell the Harasser to Stop (If Safe)

If you feel safe doing so, clearly tell the harasser their conduct is unwelcome and must stop.

Be direct:

  • “Your comments about my body make me uncomfortable. Stop.”
  • “I’m not interested in dating you. Do not ask me again.”
  • “Your sexual jokes are offensive. I want them to stop immediately.”

Document: Note the date, time, what you said, and harasser’s response.

If unsafe: If harasser is aggressive or violent, skip this step and report immediately. Your safety is paramount.

Step 2: Document Everything

Create detailed records:

  • Date and time of each incident
  • Location where it occurred
  • What happened (specific words, actions, touching)
  • Who was present (witnesses)
  • How you responded
  • How it made you feel (emotional impact)

Preserve evidence:

  • Save emails, texts, voicemails, social media messages
  • Take screenshots of messages or images
  • Keep notes in a secure location (personal email, home device)

Example: Create a spreadsheet with columns: Date | Time | Location | What Happened | Witnesses | My Response | Evidence. Update after each incident.

Why documentation matters: Strong documentation is critical to proving harassment, especially for hostile environment claims requiring “severe or pervasive” conduct.

Step 3: Report to Your Employer

File internal complaint following your employer’s harassment reporting procedure:

Check:

  • Employee handbook for complaint procedure
  • Who to report to (HR, supervisor, designated person)
  • Whether written or verbal complaint required

Report to:

  • Human Resources (HR)
  • Your supervisor (unless supervisor is harasser)
  • Designated complaint officer
  • Company hotline or ethics line

Make report in writing if possible:

  • Email to HR documenting harassment
  • Formal written complaint
  • Follow-up email confirming verbal report

Include in report:

  • Your name and contact information
  • Name of harasser
  • Dates, times, locations of incidents
  • Detailed description of conduct
  • Names of witnesses
  • Any evidence (attach emails, screenshots)
  • Request for investigation and corrective action

Example email:

Subject: Formal Sexual Harassment Complaint

Dear HR,

I am filing a formal complaint of sexual harassment against [Harasser’s Name], my supervisor. Over the past 4 months, [Harasser] has:

  • Made repeated comments about my body and appearance
  • Sent me sexually explicit text messages (attached screenshots)
  • Propositioned me for sex on three occasions (dates: X, Y, Z)
  • Touched me inappropriately on [date]

I have told [Harasser] to stop multiple times, but the conduct continues. This has created a hostile and intimidating work environment. I request immediate investigation and action to stop this harassment.

[Your name]
[Date]

Employer’s obligation: Once notified, employer must:

  • Take complaint seriously
  • Conduct prompt, thorough investigation
  • Take corrective action if harassment confirmed
  • Protect you from retaliation

If employer does nothing: Employer’s failure to investigate or stop harassment after being notified strengthens your legal claim.

Step 4: File IDHR or EEOC Charge

If internal complaint doesn’t resolve harassment, file external charge:

Illinois Department of Human Rights (IDHR):

  • Enforces IHRA
  • Covers all Illinois employers (1+ employees)
  • File within 300 days of last harassment incident
  • Website: illinois.gov/dhr
  • Chicago: 312-814-6200, Springfield: 217-785-5100

Equal Employment Opportunity Commission (EEOC):

  • Enforces Title VII
  • Covers employers with 15+ employees
  • File within 300 days in Illinois (work-sharing state)
  • Chicago: 1-800-669-4000

Dual filing: Filing with IDHR or EEOC automatically cross-files with the other agency.

Charge process:

  1. Contact IDHR/EEOC
  2. Submit intake questionnaire
  3. IDHR/EEOC interviews you
  4. IDHR/EEOC investigates
  5. IDHR/EEOC issues determination
  6. If no resolution, request right-to-sue letter
  7. File lawsuit within 90 days of right-to-sue letter

Step 5: Consult Employment Attorney

Consider consulting attorney if:

  • Harassment is severe or ongoing
  • Employer failed to stop harassment after complaint
  • You were fired, demoted, or retaliated against
  • You’re considering filing IDHR charge or lawsuit

Attorney can:

  • Evaluate strength of your claim
  • Advise on IDHR filing strategy
  • Negotiate settlement with employer
  • File and litigate lawsuit
  • Maximize damages recovery

Contingency fee: Many employment attorneys work on contingency (only paid if you win), making legal help accessible.

Damages You Can Recover

If you prove sexual harassment under IHRA, you can recover significant damages:

Back Pay

Lost wages from termination, demotion, or constructive discharge

Example: Harasser was your supervisor. After you rejected his sexual advances, he retaliated by firing you. You were unemployed for 8 months before finding new job paying $10,000/year less. Back pay includes:

  • 8 months of lost wages while unemployed
  • Wage difference ($10k/year) for period until trial

Front Pay

Future lost earnings if you can’t return to job

Awarded when: Relationship too damaged to return, position eliminated, hostile environment makes return impossible

Example: Harassment was so severe you can’t return to workplace without severe emotional distress. You’re 45 with 20 years left in career. Old job paid $70,000, new comparable job pays $55,000. Front pay = $15,000/year × 20 years = $300,000.

Compensatory Damages (No Cap in Illinois)

Emotional distress, mental anguish, pain and suffering

Unlike federal Title VII (which caps compensatory damages at $50,000-$300,000 depending on employer size), IHRA has no damage cap.

Can recover for:

  • Emotional pain and suffering
  • Anxiety, depression, PTSD
  • Humiliation and embarrassment
  • Loss of enjoyment of life
  • Therapy and counseling costs
  • Medical expenses
  • Reputational harm

Example: You suffered severe sexual harassment including sexual assault at work. You developed PTSD, anxiety, and depression requiring years of therapy. Jury awards $800,000 in compensatory damages for emotional distress. Under federal Title VII at a 100-employee company, this would be capped at $100,000. Under IHRA, you receive full $800,000.

Punitive Damages (No Cap in Illinois)

Awarded to punish egregious conduct and deter future harassment

When awarded:

  • Harasser acted with malice or reckless indifference
  • Harassment was particularly severe or prolonged
  • Employer ignored obvious harassment

No cap under IHRA (unlike federal caps).

Example: Your employer knew about supervisor’s pattern of sexual harassment (multiple prior complaints), yet promoted him and ignored your complaints. Jury awards $1.5 million in punitive damages to punish employer’s reckless indifference. This is permissible under IHRA.

Attorney’s Fees and Costs

Prevailing plaintiffs recover attorney’s fees and costs from employer/harasser.

What this means: If you win, employer pays your lawyer’s fees on top of other damages.

Why this matters: Makes hiring attorney accessible even if you can’t afford hourly fees.

Reinstatement

Court can order employer to reinstate you to former position.

However, reinstatement is often impractical after harassment (relationship destroyed), so front pay awarded instead.

Retaliation Is Illegal

Illinois law prohibits retaliation for reporting sexual harassment or participating in investigations.

What Retaliation Looks Like

Illegal retaliation includes:

  • Firing you for reporting harassment
  • Demoting you after filing IDHR charge
  • Cutting your hours or pay
  • Giving poor performance reviews in retaliation
  • Excluding you from meetings or projects
  • Creating hostile work environment in response to complaint
  • Blacklisting you in the industry

Example: You file an internal sexual harassment complaint against your supervisor. Two weeks later, you’re fired for alleged “performance issues” despite years of excellent reviews. This temporal proximity (complaint followed by firing) creates strong inference of retaliatory motive.

Retaliation Claims

Separate claim: Retaliation is independently illegal even if underlying harassment claim fails.

To prove retaliation:

  1. You engaged in protected activity (complained about harassment, filed charge, participated in investigation)
  2. You suffered adverse employment action (fired, demoted, etc.)
  3. Causal connection between protected activity and adverse action

Damages for retaliation: Same as harassment (back pay, front pay, compensatory, punitive, attorney’s fees)—no cap under IHRA.

Burden of proof: Easier to prove than harassment itself—just need to show adverse action was “because of” protected activity.

Example: You testify as a witness in a coworker’s sexual harassment investigation. A week later, your employer eliminates your position in alleged “restructuring” while creating similar position with different title filled by someone who didn’t testify. This is likely retaliation for participating in harassment investigation.

Statute of Limitations

Act quickly—strict deadlines apply:

IDHR/EEOC Charge Deadline

300 days from last incident of harassment to file charge with IDHR or EEOC

Clock starts:

  • Date of last harassing incident (for ongoing harassment, use last occurrence)
  • Date of retaliatory termination (if fired for reporting)

Missing this deadline typically destroys your claim.

Example: Last incident of harassment was June 1, 2024. You must file IDHR/EEOC charge by March 28, 2025 (300 days later). Filing on March 29 is too late.

Lawsuit Deadline

90 days from right-to-sue letter to file lawsuit in court

Critical: Once you receive right-to-sue letter from IDHR/EEOC, you have only 90 days to file lawsuit. Missing this deadline destroys your right to sue.

Resources for Illinois Workers

State Agencies

Illinois Department of Human Rights (IDHR):

  • Sexual harassment complaints
  • Website: illinois.gov/dhr
  • Online filing available
  • Chicago: 312-814-6200
  • Springfield: 217-785-5100

Illinois Department of Labor (IDOL):

  • Workplace safety and retaliation issues
  • Chicago: 312-793-2800
  • Website: illinois.gov/idol

Federal Agency

EEOC – Chicago District Office:

  • Federal sexual harassment complaints
  • Address: 230 S. Dearborn Street, Suite 1866, Chicago, IL 60604
  • Phone: 1-800-669-4000 or 312-869-8100
  • Website: eeoc.gov
  • Online filing: publicportal.eeoc.gov

Support Resources

Illinois Coalition Against Sexual Assault:

  • Phone: 217-753-4117
  • Website: icasa.org
  • Support and resources for sexual assault survivors

Chicago Alliance Against Sexual Exploitation:

  • Phone: 773-244-0024
  • Advocacy and support services

Illinois Domestic Violence Hotline:

  • 1-877-863-6338
  • 24/7 crisis support

Free Legal Assistance

Land of Lincoln Legal Aid:

  • Phone: 1-877-342-7891
  • Website: lincolnlegal.org
  • Free legal help for low-income workers

Prairie State Legal Services:

  • Phone: 1-800-942-4916
  • Free civil legal services

Chicago Bar Association Lawyer Referral Service:

  • Phone: 312-554-2001
  • Find an employment attorney

Related Illinois Topics

Get Help with Your Sexual Harassment Claim

Experiencing sexual harassment at work in Illinois? Get a free consultation from an employment law expert who understands IHRA protections and mandatory training requirements.

Illinois provides strong protections against sexual harassment, covering employers with just 1+ employees (unlike federal law’s 15+ requirement) and allowing unlimited compensatory and punitive damages (no caps). The mandatory annual training requirement shows Illinois’ commitment to preventing harassment. Understanding your rights, documentation strategies, and the 300-day filing deadline is critical to holding harassers accountable.

An experienced Illinois employment attorney can evaluate your situation, help you navigate internal complaints and IDHR charges, and maximize your recovery if you’ve experienced sexual harassment.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Illinois employment laws are subject to change. For advice specific to your situation, please consult with a licensed employment attorney in Illinois. Employment Law Aid is not a law firm and does not provide legal representation.