Is There a Statute of Limitations for Reporting Sexual Harassment in Illinois?

 Posted on July 31, 2023 in Main

Sexual harassment is a serious issue that affects many individuals in the workplace. It can have long-lasting effects on victims, both emotionally and professionally. If you have experienced sexual harassment in Illinois, it is important to understand your rights and the legal options available to you. One question that often arises is whether there is a statute of limitations for reporting sexual harassment and what actions you will need to take within the appropriate time limits.

Understanding the Statute of Limitations

The statute of limitations refers to the time period within which a victim must take action to address discrimination they have experienced due to sexual harassment. In the context of sexual harassment, the statute of limitations determines how long a victim has to report the harassment and seek legal recourse. The time limits will vary depending on the type of legal claim and the jurisdiction

In Illinois, the statute of limitations for reporting sexual harassment depends on the specific legal claim being pursued. It is important to note that the statute of limitations may vary depending on the circumstances of each case, so it is advisable to consult with an experienced attorney to understand the specific time limits that apply to your specific situation.

Statute of Limitations for Sexual Harassment Claims in Illinois

Under the Illinois Human Rights Act (IHRA), which prohibits sexual harassment in employment, an individual must file a charge with the Illinois Department of Human Rights (IDHR) within 300 days of the alleged sexual harassment. The IDHR will then investigate the charge and determine whether there is sufficient evidence to support a claim. If the IDHR finds substantial evidence of sexual harassment, the victim may proceed with a lawsuit. When a  victim of sexual harassment files a charge with the IDHR it will be automatically cross filed with the Equal Employment Opportunity Commission (EEOC).

If more than one instance of sexual harassment occurred, a separate statute of limitations may apply for each event. If the applicable deadline has passed for one event, but an unrelated second or subsequence instance of sexual harassment took place within the past 300 days, an employee will generally only be able to file a complaint based on the second or subsequent event. However, if a person is experiencing continuing, related, and ongoing sexual harassment, they will be able to file a complaint or pursue a lawsuit within 300 days of the most recent incident.

How an Attorney Can Help Address Sexual Harassment

If you have experienced sexual harassment in the workplace, it is crucial to consult with an experienced lawyer as soon as possible. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can guide you through the legal process, help you understand your rights, and ensure that you take the correct actions within all applicable deadlines. When you contact us, we will discuss the specific details of your case with you and determine the best course of action. We can help you gather evidence, file the appropriate complaints, and advocate for your interests throughout all necessary legal proceedings.

Contact Our Wheaton Sexual Harassment Claim Lawyers

If you have experienced sexual harassment in Illinois, it is important to take action to protect your rights. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC, at 630-665-7300 to discuss your case with us and learn how we can help you address the financial, emotional, and personal impact that sexual harassment has had on you. Our DuPage County sexual harassment attorneys are dedicated to fighting for justice and providing support to victims of sexual harassment. Reach out to us today to take the first step towards seeking justice for the harm you have suffered.

Sources:

https://dhr.illinois.gov/filing-a-charge.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266&ChapterID=64

https://www.eeoc.gov/time-limits-filing-charge