Sexual Harassment Victims: Know Your Rights

Sexual Harassment

Sexual harassment is an insidious and pervasive problem that has long plagued workplaces across the country. It is a violation of a person’s basic human dignity and can have devastating consequences for the victim’s mental health, career, and personal life. If you have been the victim of sexual harassment, you have every right to feel angry and outraged. But more than that, you have the right to seek justice and hold those responsible accountable for their actions. At Randolph & Holloway, we understand the immense toll that sexual harassment can take on a person’s life, and we are committed to fighting for victims’ rights and obtaining the compensation they deserve.

1. Sexual Harassment Under Federal Law

Sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees and covers both public and private sector workplaces. This federal law protects employees from unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment or creates an intimidating, hostile, or offensive work environment.

1.1 Rights Under Federal Law

Victims of sexual harassment under federal law have several rights that protect them from retaliation and discrimination, and provide them with the ability to seek redress for the harm they have suffered.

1.1.1 Right to File a Complaint

Victims of sexual harassment under federal law have the right to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged harassment. The EEOC is responsible for enforcing federal laws that prohibit employment discrimination, including sexual harassment. The EEOC investigates complaints of harassment and may bring a lawsuit against an employer on behalf of the victim.

1.1.2 Right to a Harassment-Free Work Environment

Victims of sexual harassment under federal law have the right to a harassment-free work environment. This means that employers are required to take appropriate steps to prevent and address sexual harassment in the workplace. Employers must have policies in place to prevent harassment, provide training to employees, and take appropriate corrective action when harassment is reported.

1.1.3 Protection from Retaliation

Victims of sexual harassment under federal law are protected from retaliation by their employers. Retaliation includes any adverse employment action, such as firing, demotion, or harassment, taken against an employee for reporting or opposing sexual harassment. If an employer retaliates against an employee, the victim can file a retaliation claim with the EEOC.

1.1.4 Right to Seek Damages

Victims of sexual harassment under federal law have the right to seek damages for the harm they have suffered. Damages may include back pay, front pay, compensatory damages for emotional distress, punitive damages in cases of intentional discrimination, and attorney’s fees and costs. If an employer is found liable for sexual harassment, the victim may be entitled to these damages.

2. Sexual Harassment Under the Illinois Human Rights Act (IHRA)

The Illinois Human Rights Act (IHRA) also prohibits sexual harassment and applies to employers with one or more employees. The IHRA offers protection to employees working in the state of Illinois, covering both public and private sector workplaces. Like federal law, the IHRA prohibits unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment or creates an intimidating, hostile, or offensive work environment.

2.1 Rights Under the IHRA

Victims of sexual harassment in Illinois have several rights that protect them from retaliation and discrimination, and provide them with the ability to seek redress for the harm they have suffered.

2.1.1 Right to File a Complaint

Victims of sexual harassment in Illinois have the right to file a complaint with the Illinois Department of Human Rights (IDHR) within 300 days of the alleged harassment. The IDHR is responsible for enforcing the Illinois Human Rights Act, which prohibits employment discrimination, including sexual harassment. The IDHR investigates complaints of harassment and may bring a lawsuit against an employer on behalf of the victim.

2.1.2 Right to a Harassment-Free Work Environment

Victims of sexual harassment in Illinois have the right to a harassment-free work environment. This means that employers are required to take appropriate steps to prevent and address sexual harassment in the workplace. Employers must have policies in place to prevent harassment, provide training to employees, and take appropriate corrective action when harassment is reported.

2.1.3 Protection from Retaliation

Victims of sexual harassment in Illinois are protected from retaliation by their employers. Retaliation includes any adverse employment action, such as firing, demotion, or harassment, taken against an employee for reporting or opposing sexual harassment. If an employer retaliates against an employee, the victim can file a retaliation claim with the IDHR.

2.1.4 Right to Seek Damages

Victims of sexual harassment in Illinois have the right to seek damages for the harm they have suffered. Damages may include back pay, front pay, compensatory damages for emotional distress, and attorney’s fees and costs. If an employer is found liable for sexual harassment, the victim may be entitled to these damages.

2.1.5 Injunctive Relief

Victims of sexual harassment in Illinois may be entitled to injunctive relief. This means that an employer may be required to take steps to prevent further harassment from occurring, such as implementing a harassment policy or providing training to employees.

3. Examples of Harassment Under Federal Law and the IHRA

Examples of sexual harassment under both federal law and the IHRA include, but are not limited to:

• Unwanted sexual advances
• Offensive comments or jokes of a sexual nature
• Inappropriate touching or gestures
• Displaying sexually explicit materials in the workplace
• Conditioning employment benefits on sexual favors

Both federal law and the IHRA recognize two types of sexual harassment: quid pro quo and hostile work environment. Quid pro quo harassment involves an individual in authority conditioning employment benefits on sexual favors. Hostile work environment harassment occurs when the conduct is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment.

4. Remedies Available Under Federal Law and the IHRA

Victims of sexual harassment may be entitled to various remedies under federal law and the IHRA. These remedies may include:

4.1 Remedies Under Federal Law

4.1.1 Back Pay

If an employee was fired, demoted, or not hired because of sexual harassment, they may be entitled to back pay. Back pay is the wages and benefits the employee would have earned if they had not been subjected to harassment.

4.1.2 Front Pay

If an employee cannot return to their previous job, they may be entitled to front pay. Front pay is the wages and benefits the employee would have earned if they had continued to work for the employer.

4.1.3 Compensatory Damages

Victims of sexual harassment may be entitled to compensatory damages for emotional distress caused by the harassment. Compensatory damages are intended to compensate the victim for the harm they have suffered.

4.1.4 Punitive Damages

In cases of intentional discrimination, victims of sexual harassment may be entitled to punitive damages. Punitive damages are intended to punish the employer for their behavior and deter them from engaging in similar conduct in the future.

4.1.5 Attorney’s Fees and Costs

If an employee prevails in a sexual harassment claim, their employer may be required to pay their attorney’s fees and costs. This ensures that victims of sexual harassment have access to legal representation and are not deterred from seeking justice.

4.1.6 Reinstatement or Promotion

If an employee was fired or demoted because of sexual harassment, they may be entitled to reinstatement or promotion to their previous position. Reinstatement or promotion ensures that the victim is not further harmed by the harassment and is able to return to their previous employment status.

4.2 Remedies Under the IHRA

4.2.1 Back Pay

If an employee was fired, demoted, or not hired because of sexual harassment, they may be entitled to back pay.

4.2.2 Front Pay

If an employee cannot return to their previous job, they may be entitled to front pay.

4.2.3 Compensatory Damages

Victims of sexual harassment may be entitled to compensatory damages for emotional distress caused by the harassment.

4.2.4 Attorney’s Fees and Costs

If an employee prevails in their claim, their employer may be required to pay their attorney’s fees and costs.

4.2.5 Injunctive Relief

If an employee was subjected to sexual harassment, their employer may be required to take steps to prevent further harassment. This may include implementing a harassment policy, providing training to employees, or taking disciplinary action against the harasser.

4.2.6 Reinstatement or Promotion

If an employee was fired or demoted, they may be entitled to reinstatement or promotion to their previous position.

Filing a Complaint

If you have been the victim of sexual harassment, it is essential to take action and file a complaint with the appropriate agency. Filing a complaint can help you obtain the legal remedies you are entitled to and send a message that sexual harassment will not be tolerated.

Filing a Complaint Under Federal Law

To file a complaint under federal law, you must first contact the U.S. Equal Employment Opportunity Commission (EEOC). You can file a charge online or by visiting the nearest EEOC office. The EEOC will investigate your complaint and may file a lawsuit against your employer if it is found to have engaged in discriminatory conduct.

The EEOC provides detailed information on the complaint filing process, including how to file a charge, what to expect during the investigation, and your rights as a victim of discrimination. You can also find resources on the EEOC website to help you understand your rights and options for pursuing a complaint.

Filing a Complaint Under the IHRA

To file a complaint under the Illinois Human Rights Act (IHRA), you must contact the Illinois Department of Human Rights (IDHR). You can file a charge online, by mail, or by visiting an IDHR office. The IDHR will investigate your complaint and may file a lawsuit against your employer if it is found to have engaged in discriminatory conduct.

The IDHR provides information on the complaint filing process, including how to file a charge, what to expect during the investigation, and your rights as a victim of discrimination. You can also find resources on the IDHR website to help you understand your rights and options for pursuing a complaint.

Filing a complaint of sexual harassment can be a daunting process, but it is crucial to take action and seek the legal remedies you are entitled to. If you have been the victim of sexual harassment, contact an experienced attorney who can help you navigate the complaint filing process and ensure your rights are protected. At Randolph & Holloway, our attorneys have extensive experience representing victims of sexual harassment and can help you obtain the compensation you deserve.