Chicago Workplace Sexual Harassment Lawyer

Should You Hire a Chicago Workplace Sexual Harassment Attorney?

Chicago workplace sexual harassment lawyers are critical allies in legal claims for unwelcome sexual conduct in the workplace. We will protect your rights, negotiate with your employer, and take action for retaliation or adverse employment actions. If you’ve been sexually harassed at your place of business, call our Rosenfeld Injury Lawyers for a free consultation about your legal rights. 

Verdicts and Settlements from Our Sexual Harassment Lawyers in Chicago

• $21,000,000 for sexual abuse at a hotel
• $2,333,000 for abuse at a nursing home
• $6,000,000 for negligent hiring processes

What Constitutes Sexual Harassment in the Workplace Under Illinois Law?

Sexual harassment is unwelcome conduct of a sexual nature that negatively impacts a person’s employment (775 ILCS §5/2-101). These sexual harassment cases are considered a type of sex-based discrimination. While there are various forms of this employment discrimination, there are two main legal categories: quid pro quo harassment and hostile work environment. 

What is Quid Pro Quo Harassment?

“Quid pro quo” means “this for that.” In terms of employment discrimination, this involves demanding sexual favors to influence hiring, promotions, assignments, or firing. It does not need to involve physical conduct or sexual assault to be considered harassment. For example, if an employer suggests that an employee needs to show some skin to get promoted, this would be sexual harassment. 

Cook County ordinances define this type of sexual harassment as any unwelcome advances, requests for sexually-related favors, or sexual conduct that is expressly tied to a person’s employment and that creates an offensive work environment. 

Identifying a Hostile Work Environment Based on Sex

A hostile work environment would include unwelcome conduct that is based on sex or sexual identity. This can consist of sexually explicit comments, inappropriate touching, sexual advances, or sexual displays. 

This type of sexual harassment is very common for women in male-dominated industries, but it can happen to anyone and in any field. An example would be implying a woman is promiscuous because she is unmarried, or asking inappropriate comments about her sex life. 

The behavior must be severe or pervasive enough to be an intimidating, hostile, or offensive environment for the average person. One or two offhand comments may not be enough to claim harassment.

Sexual Harassment as a Form of Employment Discrimination

According to the Equal Opportunity Employment Commission, sexual harassment is considered a form of sex discrimination under Title VII of the Civil Rights Act. Chicago workers who are victims of sexual harassment have the right to take legal action against the perpetrator and their employer.

Your Protections Under the Illinois Human Rights Act and Federal Law

Employees have several layers of legal protection against sexual harassment at the city, state, and federal levels. Discrimination against protected classes is expressly forbidden in Chicago. These include race, gender, sexual orientation, gender identity, marital status, parental status, disability, religion, and national origin. 

Illinois expressly bars discrimination based on protected characteristics. Everyone is entitled to freedom from sexual harassment in the workplace or at school. Additionally, these statutes also prohibit any retaliation for making a sexual harassment claim or reporting inappropriate behavior.

Federal law outlaws discrimination through the Equal Employment Opportunity Commission, which helps employees in seeking justice through lawsuits. In addition to banning sexual harassment, these federal laws prohibit retaliation for bringing a case against an employer. 

Some undocumented immigrants may fear that they cannot file a lawsuit. However, it is important to note that Chicago is a haven city. A civil lawsuit will not affect your legal status or put you at risk of deportation. 

Employer Liability for Harassment in the Workplace

Companies must take reasonable care to ensure a supportive work environment free from sexual harassment or abuse. If they become aware of an issue, they must quickly correct it without further discriminating against the victim. For example, removing the victim from a lucrative project would not be an acceptable form of redress. 

In Chicago, employers are automatically liable for the acts of their agents or supervisors, regardless of whether they were aware of the actions or not (§340.110). They could potentially be liable for supervisor-created unwelcome work environments unless they can prove an affirmative defense, such as if the employee was engaged in fraud (735 ILCS §5/2-613). Companies are liable for non-management personnel when they become aware of the circumstances (§340.120). 

All employers are required to comply with state laws, which include protecting both employees and non-employees from sexual harassment. Additionally, the Illinois State Bar Association notes that, as of 2020, all companies, regardless of size, are required to provide sexual harassment training.  

Steps to Take if You Experience Sexual Harassment

To start, the victim should clearly tell the harasser that their behavior is inappropriate and should document all incidents. Save any records of communications and note details such as the date, time, location, witnesses, and the content of the conversation. Review your company’s anti-harassment policy and report the problem to your company’s Human Resources department. 

If the company does nothing, consider contacting an employment lawyer to initiate the legal process of filing a discrimination claim.

Importance of Documenting Incidents and Reporting Internally

It is crucial that you keep detailed and contemporaneous records of all instances of sexual harassment. This provides a record of what is happening, which can be later used in a lawsuit or other civil case. 

By following internal processes, you put the employer on notice and overcome any potential legal defenses, such as your supervisors’ lack of knowledge about what was happening and their inability to intervene. 

Filing a Claim with IDHR/EEOC: Why You Must Act Quickly

Before filing a lawsuit under Title VII or the Illinois Human Rights Act, you typically have to file a complaint with the Illinois Department of Human Rights. 

Your case will be heard by the Illinois Human Rights Commission (IHRC), which will determine if you have a valid case. The IHRC is an impartial commission that investigates harassment claims and determines the appropriate course of action. You can also file a complaint with the federal Equal Employment Opportunity Commission (EEOC) for discrimination. 

The IHRC and the EEOC will review your case. If they believe you have been discriminated against, they will issue you a Notice of Right to Sue. You would then work with an attorney to recover money through a civil lawsuit. 

These claims have strict time limits. The Illinois Human Rights Commission’s timeline is two years, while the Equal Employment Opportunity Commission’s is only 180 days. During this time, you should contact our law office so that we can begin gathering evidence for a civil claim. This allows us to move quickly after you have administrative approval to sue. 

Pursuing a Civil Lawsuit for Damages

The Notice of Right to Sue gives you the right to file a civil lawsuit in a state or federal court against your employer or the harasser. This suit would focus on whether the behavior constituted harassment, how it impacted your employment, and how the liable parties neglected to fulfill their obligations under local, state, and federal statutes. 

You should contact our sexual abuse law firm to secure high-quality legal representation. Having an attorney by your side can make a significant difference in whether you receive financial compensation, as we have your best interests in mind. 

Compensation Available for Victims

You may receive both economic and non-economic damages for a sexual harassment lawsuit. Your sexual harassment settlement can include:

• Back pay
• Front pay for job loss
• Emotional distress
• Pain and suffering
• Inconvenience
• Reputational damage

In some cases, a court will award punitive damages, which are meant to punish the company for failing to protect its workers. The jury may order the defendant to pay your attorney’s fees, and they may order injunctive relief, meaning that the company is forced to revise its policies and protect other workers.

Why You Need an Experienced Chicago Sexual Harassment Lawyer

Sexual harassment is complicated, as it involves layers of local, state, and federal statutes. Employment-related discrimination must be reported through several channels before you have the right to sue, and there are often tight deadlines to fulfill. A Chicago sexual harassment lawyer will guide you through the legal process and manage your case to ensure that we meet all statutory deadlines

Human Resources departments and insurance companies will always side with the employer when negotiating settlements, meaning they want you to receive as little money as possible. We will fight hard to protect your rights and ensure you receive the compensation you deserve. 

How Our Law Firm Fights for Victims of Workplace Harassment

We thoroughly investigate harassment claims and gather all relevant evidence, such as confidential personnel reviews and intraorganizational communications. Our team will help you explore your legal options and file administrative charges with the appropriate organizations, ensuring that everything is handled properly and efficiently. 

Once these administrative tasks are complete, we will negotiate a fair settlement with the liable parties. Many cases settle out of court, but if necessary, we will litigate against the responsible parties to ensure you receive justice. 

Contact Our Attorney in Chicago for a Free Consultation

Our Chicago personal injury lawyers have over 100 years of combined legal experience and a 98% success rate, always fighting for workers’ rights. We work on a contingency fee basis, meaning you owe us nothing unless we are able to secure compensation for you. 

To schedule your free and confidential consultation, call us at (888) 424-5757 or use our online contact form. 

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Jonathan Rosenfeld was recommended to me by a friend. He took care of the case for me. He was professional. He got my money back in a timely manner. I’m very impressed with his work. I would recommend him highly.

– Roy Caffe

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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.