Protections for Illinois Staff Sexually Harassed by Patients

 Posted on November 30, 2025 in Sexual Harassment

According to an American Nursing Association survey in 2019, one in four nurses reported being physically assaulted by patients or a patient’s family member. The CDC found that a staggering 41 percent of home healthcare nurses report sexual harassment and or sexual assault. Female nurses are more likely to experience sexual harassment by patients than male nurses (73 percent vs. 46 percent), yet for all healthcare workers, sexual harassment on the job can have a significant impact on mental health and job satisfaction.

While healthcare workers are used to treating patients in distress, sexual comments, unwanted touching, or threatening behaviors should never be a part of the job. Yet Illinois hospitals and clinics are seeing a sharp increase in patient-initiated harassment, particularly during high-stress encounters in ERs and behavioral health units.

Unlike other workplaces, medical settings have unique reporting requirements, enhanced protections under Illinois law, and employer duties that exceed "standard" sexual harassment policies. If you are the victim of sexual harassment in the workplace, an experienced Wheaton, IL sexual harassment lawyer can help you determine what you need to do.

What Does Patient Sexual Harassment Look Like in Medical Settings?

Healthcare workers regularly experience behaviors that would be virtually unthinkable in any other workplace. Some examples include:

• Sexual comments
• Sexually oriented "jokes"
• Inappropriate touching or grabbing
• Threats of violence
• Propositions or lewd gestures
• Filming or photographing staff without consent

In some cases, this type of misconduct comes from patients who are intoxicated, confused, or experiencing psychiatric symptoms. But even when a patient is unable to control his or her behavior, employers must still take action to protect the medical staff members.

How the Illinois Human Rights Act Protects Healthcare Workers

Under the IHRA, harassment becomes unlawful when it creates a hostile work environment. The law explicitly covers harassment by non-employees, including patients, visitors, and the patient’s family members, in medical settings. An Illinois hospital or other medical entity can be held liable for sexual harassment against staff members if:

• The employer knew or should have known that a patient was harassing staff members.
• Reasonable steps were not taken by the employer to stop or prevent the misconduct.
• The same patient was allowed to continue interacting with the employee.
• The employee who reported the incident experienced retaliation from his or her employer.

OSHA and the Illinois Department of Public Health Requirements

Illinois healthcare facilities are required to maintain a workplace free from recognized dangers. Since patient-initiated sexual harassment often overlaps with workplace violence, medical entities must take any report of sexual harassment seriously. The  Illinois Department of Public Health also requires hospitals to implement safety protocols to prevent violence and harassment.

This is particularly true in high-risk areas like ERs, psychiatric units, long-term care settings, and geriatric and dementia wards. Illinois hospitals must follow strict reporting and documentation rules for sexual harassment and violence, including recording all incidents, documenting staff injuries, maintaining logs of security interventions, and notifying law enforcement when an assault occurs.

What Should Illinois Healthcare Workers Document?

A staff member who has been subjected to sexual harassment or assault should record the date, time, and exact location of each incident. The patient’s statements and behavior should be noted, along with whether physical contact was involved. If there were witnesses, their names and contact information should be noted, as well as whether security staff were involved.

The response from the supervisor or charge nurse should be written down, along with the date and time the incident was reported. If the patient has a known history of similar behavior, this should also be noted. All of this information should be provided by the victim to HR via e-mail as part of the formal complaint. Hospitals and healthcare facilities are required to investigate every report and take immediate steps to protect the employee.

Contact a DuPage County, IL Sexual Harassment Lawyer

If you have been sexually harassed, threatened, or assaulted by a patient in an Illinois hospital or clinic, you do not have to tolerate dangerous or degrading behavior. A highly skilled Wheaton, IL hospital sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you determine who is liable for your sexual harassment and what steps you need to take. MKFM Law offers compassion and a high level of experience and knowledge. To schedule your initial attorney meeting, call 630-665-7300.