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Sexual harassment is considered a type of discrimination under the Title VII of the Civil Rights Act of 1964 in United States. In Chicago, it is prohibited in workplaces, public accommodations, and housing. It covers a broad spectrum of offensive behaviors, which include inappropriate sexual advances, requests for sexual favours, or any verbal/non-verbal form of sexual conduct. The Illinois Human Rights Act (IHRA) also provides protection to employees from sexual harassment in small businesses with 1 to 14 employees which are excluded from the Title VII.
Seeking legal counsel is often necessary when dealing with sexual harassment matters. This could be due to various circumstances, such as: when you are a victim and want to file a complaint or lawsuit, you've been falsely accused and need to defend yourself, your employer is not addressing your complaints seriously, or you need help understanding your legal rights and the recourse available. A lawyer can guide you through this complex and often stressful process, ensuring your rights are protected and offering the best possible representation to secure a satisfactory outcome.
The Illinois Human Rights Act is the primary law governing sexual harassment cases in Chicago. The Act prohibits sexual harassment in employment, real estate transactions, and public accommodations. Furthermore, the Chicago Human Rights Ordinance protects individuals from harassment within the city and it applies to employers with one or more employees. Both laws enforce strict penalties for businesses and individuals found guilty of sexual harassment.
You can file a complaint with the Illinois Department of Human Rights (IDHR) or if the harassment occurred in the workplace, you may complain to your supervisor, employer, or Human Resources department following your company's established procedure.
Yes, but only after you have lodged a formal complaint with the IDHR and received a Notice of Right to Sue.
You must file the complaint of sexual harassment with the IDHR within 300 days of the incident.
No, it is against the law for an employer to retaliate against an employee who reports sexual harassment.
While you can request anonymity, it may not always be possible, especially if legal proceedings are required.
In addition to legal counsel, there are several resources in Chicago that provide support and assistance. The Chicago Human Rights Commission, the Equal Employment Opportunity Commission, and the Illinois Department of Human Rights are all excellent point of contact ensuring incidents are officially reported and proper procedures are followed. Nonprofit organizations such as Rape Victim Advocates (Chicago) can also prove helpful.
If you require legal assistance regarding sexual harassment, consider contacting a lawyer who specializes in either employment law or civil rights. Consultations can often be free or at low cost. Always ensure that you keep a written record of each incident of harassment, detailing the time, location, people involved, and any potential witnesses. This can serve as crucial evidence if you choose to take legal action. Alternatively, you can explore third-party mediation or submit a formal complaint to the appropriate agency.
