FREQUENTLY ASKED QUESTIONS
ABOUT SEXUAL HARASSMENT
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What is sexual harassment?
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Is sexual harassment illegal under state law?
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What are some examples of "Quid Pro Quo" harassment?
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What are some examples of "Hostile Environment"
harassment?
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What must I prove to prevail in a cause of action for
"quid pro quo" sexual harassment?
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How can I prove that the sexual conduct was unwelcome?
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If I am being harassed by a co-worker, can my employer be
held responsible?
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What should I do if I am being sexually harassed
on-the-job?
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What type of damages can I recover if I am successful in
demonstrating sexual harassment?
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What steps do I have to take to protect my right to sue
for damages for sexual harassment?
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Do I need to consult with an attorney before filing a
sexual harassment charge?
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After I inform my employer that I am being sexually
harassed, what must he/she do?
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What can employers do to prevent sexual harassment in
the workplace?
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What are some important facts I should know if I
believed that I am being sexually harassed on the-the-job?
1.
What is sexual harassment?
A. Sexual
harassment is a form of sex-discrimination that violates Title VII of
the Civil Rights Act of 1964. The Equal Employment Opportunity
Commission (EEOC) defines sexual harassment as "unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature...when submission to or rejection of such
conduct is used as the basis for employment decisions...or such conduct
has the purpose or effect of...creating an intimidating, hostile or
offensive working environment."
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2.
Is sexual harassment illegal under state
law?
A. Yes, in
Illinois, sexual harassment and other discriminatory conduct is illegal
under the Illinois Human Rights Act. The law is enforced by the
Illinois Department of Human Rights. The Act defines sexual harassment
as any unwelcome sexual advances or requests for sexual favors or
any conduct of a sexual nature when 1) submission to such conduct is
either expressed or suggested, 2) submission or rejection of the conduct
by an employees is used as a basis for employment decisions affecting
that employee, or 3) such conduct interferes with employee’s job
performance or creates and intimidating, hostile or offensive working
environment.
In higher
education, any unwelcome advance or request for sexual favors made by an
executive, administrative staff or faculty member to a student or any
conduct of a sexual nature exhibited by such person(s) toward a student,
when such conduct substantially interferes with the students’
educational performance or creates an intimidating, hostile, or
offensive educational environment.
IMPORTANT NOTE: If
you believe you have been discriminated against, you must file your
charge with the Illinois Department of Human Rights before 180 days have
passed, even if you are using union grievance procedures or other
methods to solve the problem. You can always withdraw your charge if the
union or other method workers to your satisfaction.
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3.
What are some examples of "Quid Pro Quo"
harassment?
A. Because
employee benefits-raises, promotions, better working hours, etc., are
directly inked to compliance with sexual advances, only someone in a
supervisory capacity (with the authority to grant such benefits) can
engage in Quid Pro Quo harassment. For example, a supervisor may promise
an employee a raise if she goes on a date with him, or a manager may
tell an employee she will fire him if he does not go to bed with her.
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4.
What are some examples of "Hostile
Environment harassment?
A. Hostile
Environment harassment can be created by anyone in the work environment,
supervisors, other employees or customers. Hostile environment
harassment of a sexual nature, unwelcome sexual materials, or even
unwelcome physical contact in the work environment. Cartoons or posters
of a sexual nature, vulgar or lewd conduct, unwanted touching or
fondling all fall into this category. However, this type of conduct must
occur on a regular basis.
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5.
What must I prove to prevail in a
cause of action for "Quid Pro Quo" sexual harassment?
A. The law
provides that you may recover damages from your employer once you have
proved that you were deprived of a job benefit because you refused to
comply with your supervisor’s sexual demands. But before you can recover
from your employer, you must demonstrate that the harasser is someone
with authority who can affect your employment opportunities. You may
also have to prove that the sexual conduct was unwelcome.
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6.
How can I prove that sexual conduct is
unwelcome?
A. You may
show that the conduct was unwelcome by showing:
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emotional
distress;
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deteriorating job performance
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you avoided
the harasser;
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you told
friends and/or family of the harassment;
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you told the
harasser or other company representatives of the harassment;
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and/ or
absence of evidence showing conduct was welcome or encouraged.
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7.
If I am being harassed by a co-worker,
can my employer be held responsible?
A. If the
demand for sexual favors is made by a co-worker with no power to affect
your employment opportunities, you cannot claim quid pro quo harassment.
However, you can claim hostile work environment harassment and an
employer may be held liable for the conduct of its employee if the
employer knew or should have known of the employee’s conduct and failed
to take prompt remedial action to stop the harassment.
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8.
What should I do if I am being sexually
harassed on the job?
A. Here are
some steps to take if you are being sexually harassed on the job:
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SAY NO
CLEARLY- Inform the harasser that his/her
attentions are unwanted. Make clear you find the behavior offensive.
If it persists, write a memo to the harasser asking him to stop; keep
a copy.
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DOCUMENT THE HARASSMENT- Write down each
incident including date, time and place. Detail what happened and
include your response. Keep a copy at home. This information will be
useful if you need to take legal action.
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DOCUMENT YOUR WORK- Keep copies of
performance evaluations and memos that attest to the quality of your
work. The harasser may question your job performance in order to
justify his/her behavior.
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LOOK
FOR WITNESSES AND OTHER VICTIMS- You are
probably not the first person who has been mistreated by this
individual. Ask around; you may find others who will support your
charge. Two accusations are much harder to ignore.
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EXPLORE
COMPANY CHANNELS- Use any grievance
procedures or channels detailed in your employee handbook. If you are
a member of a union, get your union steward involved right away.
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FILE A
COMPLAINT- If the sexual harassment does not
stop after notifying the harasser or if you are not satisfied with
your employer’s efforts to resolve the situation, you can pursue a
legal remedy by filing a sexual harassment charge with the E.E.O.C.
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9.
What type of damages can I recover if I
am successful in demonstrating sexual harassment?
A. There are
several types of damages you can recover if your are successful. For
example:
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receive an
order demanding the harassment stop;
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recover lost
wages and other job-related losses (i.e. promotions, or favorable work
status you lost because of the sexual harassment);
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obtain
compensation for personal injuries (i.e. physical, mental and
emotional injuries);
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obtain
punitive damages against the harasser(s) and/or company;
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recover
attorneys’ fees and costs.
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10.
What steps do I have to take to protect
my right to sue for damages for sexual harassment?
A. In
Illinois you must file a charge of sexual harassment (discrimination)
with the Equal Employment Opportunity Commission (EEOC) within 300 days
of the alleged act(s) of sexual harassment or 30 days after receiving
notice that the Illinois Department of Human Rights has terminated its
processing of the charge, whichever is earlier.
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If the
EEOC fails to reach a finding within 180 days of filing a charge, you
must request that a "Notice of a right to sue" letter be issued.
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A lawsuit
claiming sexual harassment (discrimination) under Title VII must be
filed within 90 days of the issuance of the "Right to Sue" letter from
the EEOC.
IMPORTANT NOTE: Procedures and filing
requirements vary from state to state. Failure to follow the required
time periods may cause you to lose your rights to seek a remedy for
sexual harassment.
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11.
Do I need to consult with an attorney
before filing a sexual harassment charge?
A. You are
not required to hire an attorney in order to file a sexual harassment
charge with the EEOC or the Illinois Human Rights Commission. However,
considering the legal complexities and documentation requirements of
federal discrimination laws, it is advisable to retain a qualified
attorney as soon as possible after you experience sexual harassment on
the job.
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12.
After I inform my employer that I am
being sexually harassed what must he/she do?
A. Once your
employer knows or should have known about the harassment, they have the
duty to take immediate and appropriate corrective action to end the
harassment. The employer’s response must be reasonably calculated to end
the harassment. If earlier discipline did not end the harassment, more
severe action must be taken.
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13.
What can employers do to prevent sexual
harassment in the workplace?
A. A company
can minimize the number of sexual harassment claims by:
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Drafting and
publicizing an anti-sexual harassment policy.
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Implementing a
procedure for employees to follow if they feel they have been the victim
of sexual harassment, and;
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Conducting
company wide sexual harassment prevention training.
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14.
What are some important facts I should
know if I believe that I am being sexually harassed at work?
Some
important facts to know about sexual harassment include:
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The victim
as well as the harasser may be a woman or a man. The victim does not
have to be of the opposite sex.
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The harasser
can be the victim’s supervisor, an agent of the employer, a supervisor
in another area, a co-worker or a non-employee.
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The victim
does not have to be the personal harassed but could be anyone affected
by the offensive conduct.
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Unlawful
sexual harassment may occur without economic injury to or discharge of
the victim.
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The
harasser’s conduct must be unwelcome.
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Sexual
harassment can occur of business premises if the activity is related
to employment (i.e. company picnic, dinner, etc.).
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If you believe that you have been the victim of sexual
harassment, contact our office, anytime, at 800-437-2571 for a free,
no obligation consultation with one of our qualified employment law
attorneys to determine if you have a potential sexual harassment lawsuit
or use our convenient "Do I have a case?"
submission form.
Sexual Harassment Home Page
Evolution of Sexual Harassment Laws
Recent Significant Developments in Sexual
Harassment Laws
Selected Sexual Harassment Jury Verdicts and
Settlements
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