Sexual Harassment Lawyers
The “Me Too” movement has brought sexual harassment in the spotlight. In Illinois, sexual harassment is illegal. Our sexual harassment lawyers work to resolve sexual harassment in the workplace. Sometimes we help while an employee still works for an employer and sometimes after the employee is fired (or quit).
Sexual harassment involves unwelcome sexual conduct, requests for sexual favor, advances and other conduct. Private employers are prohibited from discriminating on the basis of sex: “It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s … sex….” 42 U.S.C. § 2000e–2(a)(1). Employers can be held vicariously liable for a supervisor’s sexual harassment of a subordinate.
An employer can avoid liability by showing: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.
5 Tips for sexual harassment victims in Illinois:
- Document in writing/email through a complaint to human resources that the sexual harassment is occurring and you need it to stop,
- File a sexual harassment claim with a governmental agency,
- Don’t quit your job if at all possible,
- Follow the sexual harassment/discrimination guidelines in your employment handbook,
- Contact a sexual harassment attorney to advise you through the process.
Sample Sexual Harassment Complaint:
We are frequently asked how to file a sexual harassment complaint. You should always be truthful and direct. Do it in your own words. Here is an example:
Dear Human Resources:
I am being sexually harassed at work by _____________. I need it to stop because I feel
uncomfortable. I do not like being subjected to unwanted sexual touching and comments.
Please help me stop this so I can continue to work.
EEOC Sexual Harassment Complaint
Additional Ways To Complain About Sexual Harassment: You can also file a formal
complaint with the EEOC or the Illinois Department of Human Rights about sexual harassment
in the workplace. In fact, if you plan to bring a sexual harassment lawsuit, you are required to
timely file with the appropriate governmental agency. Here is a link to the EEOC web site to
find out more about how to file a charge of employment discrimination: https://www.eeoc.gov/