Can You Sue a Co-worker for Sexual Harassment in Illinois?

 Posted on July 22, 2025 in Sexual Harassment

If you have experienced sexual harassment in the workplace, you may have reported the harassment to HR or a supervisor. In some cases, this can resolve the issue, and life can continue as normal. In other cases, the harasser may continue sexually harassing you despite your complaints. You can certainly seek legal action against your employer for failing to stop the sexually harassing behavior, but can you sue the co-worker responsible for the behavior?

Under certain circumstances, you can sue a co-worker for sexual harassment in the workplace, but there are several issues to consider before you take that route. Typically, employers are sued in workplace sexual harassment cases, although the individual harasser may be named in the lawsuit. Under both Title VII and the Illinois Human Rights Act (IHRA), only employers are responsible for maintaining a workplace free from sexual harassment. Generally, co-workers do not fall under the broad definition of an employer under either state or federal laws, unless they are an owner of the company.

Employers can be held responsible when they fail to investigate a complaint, or if a supervisor is the sexual harasser, and the harassment resulted in tangible adverse job consequences. In addition to not falling under the definition of employer, another reason employers are usually the main focus of sexual harassment lawsuits is that they have deeper pockets and better insurance than the individual harasser. A skilled Wheaton, IL sexual harassment lawyer can help you determine your best course of action following sexual harassment in the workplace.

What Are the Two Basic Types of Sexual Harassment?

A hostile work environment is a type of sexual harassment that involves unwelcome conduct of a sexual nature. When this conduct becomes so pervasive or severe that a "reasonable" person would consider it abusive, hostile, or intimidating, the workplace becomes hostile to the person being sexually harassed. When the sexually harassing conduct is unwelcome and creates a consistently uncomfortable work atmosphere for the victim, this is considered a hostile work environment.

Quid pro quo sexual harassment occurs when a person in a position of power uses his or her authority to demand sexual favors from a worker in exchange for job benefits. Those benefits could be a promotion, a raise, a better work shift, or even continued employment. Quid pro quo is essentially "this for that," when employment outcomes are linked directly to sexual compliance.

What Is the Role of the Employer in Co-Worker Sexual Harassment Cases?

In the state of Illinois, employers bear significant responsibility in co-worker sexual harassment cases, as well as for sexual harassment by others in the company. The company is strictly liable for sexual harassment by managers and supervisors, and is liable for co-worker sexual harassment if the employer is made aware of it and fails to take corrective actions to make it stop.

Employers in the state must have clear written policies that prohibit sexual harassment, outline reporting procedures, and state penalties for violations. Employers are also responsible for promptly investigating any complaint of sexual harassment and taking appropriate corrective action. The Illinois Human Rights Act primarily governs sexual harassment in the workplace and outlines the responsibilities of employers.

When Can You Sue a Co-Worker for Sexual Harassment?

The IHRA allows for individual liability for sexual harassment, particularly for physical sexual misconduct, threats, and repeated verbal sexual harassment, only if the individual is an employer within the definition of the Act. However, if the sexual harassment involves actions that constitute criminal offenses like sexual assault and battery, the individual harasser may face other criminal and civil liability.

While it would seem to make sense that the co-worker who is the sexual harasser would always get sued along with the employer, most average workers simply do not have enough assets to make it worthwhile to sue them unless the goal is less about money and more about holding a sexual harasser accountable.  

Contact a DuPage County, IL Sexual Harassment Lawyer

If you have suffered sexual harassment by a co-worker and feel that your complaints have been ignored, you have legal rights, and you do not have to face this alone. Whether you are seeking to hold an individual accountable or pursue action against your employer who failed to protect you, a Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help. MKFM Law has the experience, knowledge, and skills necessary to file a lawsuit against your employer or a co-worker. Call 630-665-7300 to schedule your initial attorney meeting.