Quick Answer
Comprehensive guide to Illinois sexual harassment law covering IHRA requirements, mandatory training, employer liability, and worker protections under Illinois Human Rights Act.
Illinois provides strong sexual harassment protections through the Illinois Human Rights Act (IHRA). Following significant reforms in 2019 (the Workplace Transparency Act), Illinois now requires mandatory sexual harassment training for all employers and has strengthened protections for workers. Understanding your rights under Illinois law is essential for addressing workplace harassment.
Quick Facts: Illinois Sexual Harassment Law
| Topic | Illinois (IHRA) | Federal (Title VII) |
|---|---|---|
| Employer Coverage | 1+ employees (harassment) | 15+ employees |
| Filing Deadline | 300 days | 300 days |
| Mandatory Training | Yes (all employers) | No |
| Agency | IDHR | EEOC |
What Is Sexual Harassment?
Types of Sexual Harassment
Quid Pro Quo Harassment:
- Job benefits conditioned on sexual compliance
- Threats of adverse action for refusing advances
- Only one incident required
Hostile Work Environment:
- Severe or pervasive unwelcome conduct
- Creates intimidating environment
- Unreasonably interferes with work
Conduct That May Constitute Harassment
Examples include:
- Unwanted touching or physical contact
- Sexual comments, jokes, or innuendo
- Requests for sexual favors
- Displaying sexually explicit materials
- Sexual gestures or staring
- Offensive electronic communications
- Spreading sexual rumors
Illinois Workplace Transparency Act (2019)
Mandatory Training Requirements
All Illinois employers must:
Provide annual training:
- To all employees
- On sexual harassment prevention
- Starting within first year of employment
Training must cover:
- Definition of sexual harassment
- Examples of conduct
- Summary of relevant laws
- Employer's responsibility to prevent harassment
- Remedies available to victims
Additional Requirements for Restaurants and Bars
Supplemental training covering:
- Harassment specific to hospitality industry
- Bystander intervention
- Manager responsibilities
Strong Coverage Under IHRA
Broad Employer Coverage
For sexual harassment, IHRA covers:
- Employers with 1 or more employees
- Much broader than federal law's 15+ threshold
This means:
- Small business employees protected
- Nearly all Illinois workers covered
- Greater access to remedies
Protected Individuals
IHRA protects:
- Employees
- Applicants
- Interns (paid and unpaid)
- Contractors in some circumstances
Employer Liability
Supervisor Harassment
Automatic liability when:
- Supervisor's harassment leads to tangible employment action
- Termination, demotion, or adverse change
For hostile environment:
- Employer strictly liable for supervisor harassment
- No affirmative defense available under IHRA
Co-Worker Harassment
Employer liable if:
- Knew or should have known about harassment
- Failed to take reasonable corrective action
Third-Party Harassment
Employer may be liable for:
- Customer or vendor harassment
- If employer knew and failed to address
Filing a Complaint
Illinois Department of Human Rights (IDHR)
Filing deadline: 300 days from harassment
How to file:
- Online at dhr.illinois.gov{rel="nofollow"}
- In person at Chicago or Springfield office
- Phone: 312-814-6200 (Chicago) or 217-785-5100 (Springfield)
Process:
- File charge with IDHR
- Investigation
- Finding issued
- If substantial evidence found, proceed to Human Rights Commission
- Can request early right-to-sue
Chicago Commission on Human Relations
For Chicago workers:
- Alternative filing option
- 365-day deadline
- Phone: 312-744-4111
EEOC Filing
Filing deadline: 300 days
EEOC Chicago District Office:
- 230 S. Dearborn Street, Suite 1866
- Phone: 1-800-669-4000
Cross-filing:
- Can file with multiple agencies
- Preserves all options
Remedies Available
Damages Under IHRA
Economic damages:
- Back pay
- Front pay
- Lost benefits
- Out-of-pocket expenses
Compensatory damages:
- Emotional distress
- Mental anguish
- No statutory cap under IHRA
Punitive damages:
- Available in some circumstances
- No cap under IHRA
Other relief:
- Reinstatement
- Promotion
- Policy changes
- Attorney's fees
Retaliation Protection
Protected Activities
Illinois law protects employees who:
- Report harassment
- File complaints
- Participate in investigations
- Oppose harassing conduct
- Testify in proceedings
Prohibited Retaliation
Employers cannot:
- Terminate or demote
- Reduce pay or hours
- Give negative evaluations based on complaints
- Create hostile environment
- Deny opportunities
Nondisclosure Agreement Restrictions
Limits on NDAs
Illinois Workplace Transparency Act restricts:
- NDAs that silence harassment victims
- Waivers of procedural rights
- Certain confidentiality provisions
Employers cannot:
- Require confidentiality about underlying facts
- Prevent disclosure to government agencies
- Require waiver of right to file charges
Exceptions:
- Victim-requested confidentiality
- Settlement agreements with specific terms
Practical Steps
Document Everything
Record:
- Dates, times, locations
- What was said or done
- Witnesses present
- Your response
- Impact on work performance
Report Internally
Consider:
- Reporting to supervisor (if not harasser)
- Human Resources
- Company hotline
- Following company procedures
Best practices:
- Report in writing
- Keep copies
- Document response
Preserve Evidence
Save:
- Emails, texts, messages
- Photos of offensive materials
- Performance reviews
- Any related documentation
Common Questions
Does my small employer have to follow these rules?
Yes. For sexual harassment, IHRA applies to employers with just 1 or more employees. This is much broader than federal law.
What if I'm an unpaid intern?
Illinois law protects unpaid interns from sexual harassment, even though they may not be covered by wage and hour laws.
How long do I have to file?
You have 300 days to file with IDHR or EEOC, or 365 days with Chicago Commission on Human Relations. Don't delay.
Can my employer require me to sign an NDA?
Illinois law limits NDAs that would prevent you from discussing harassment. Any NDA must comply with Workplace Transparency Act requirements.
Finding Legal Help
Free Resources
- IDHR: dhr.illinois.gov{rel="nofollow"} | 312-814-6200
- Chicago Commission on Human Relations: chicago.gov/cchr | 312-744-4111
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
- Legal Aid Chicago: legalaidchicago.org | 312-341-1070
Employment Attorneys
Most work on contingency:
- No upfront fees
- Free consultations
- Attorney paid from recovery
Related Resources
Legal Disclaimer
This guide provides general information about Illinois sexual harassment law and is not legal advice. For advice about your situation, consult a licensed Illinois employment attorney.
Official Resources:
- IDHR: dhr.illinois.gov{rel="nofollow"} | 312-814-6200
- Chicago Commission: chicago.gov/cchr{rel="nofollow"} | 312-744-4111
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
Frequently Asked Questions
What is types of Sexual Harassment?
What is conduct That May Constitute Harassment?
What is mandatory Training Requirements?
What is additional Requirements for Restaurants and Bars?
What is broad Employer Coverage?
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