There are two main categories of sexual harassment under Illinois law: hostile work environment harassment and quid pro quo harassment. A hostile work environment is caused by severe or pervasive remarks and behavior of a sexual, demeaning, or discriminatory nature, which affect a person’s ability to do his or her job. Quid pro quo harassment occurs when a person of authority such as a supervisor or boss uses his or her position to gain sexual contact with an employee or job candidate. This unlawful behavior often goes unreported in part due to the general public’s misunderstanding of what quid pro quo actually is and what they can do if they have been a victim of quid pro quo sexual harassment.

Requests for Sexual Favors Do Not Have to Be Explicit

Most of the perpetrators of quid pro quo sexual harassment are aware that their behavior is illegal and could potentially cost them their job. Consequently, most employers, supervisors, managers, or other authority figures do not explicitly ask employees for sexual favors. Instead, they imply that the employee would gain some type of benefit if he or she complied with the perpetrator’s offer for romantic or sexual contact. For example, a hiring manager may ask a job candidate out on a date during a job interview and imply that if the prospective employee goes on the date, he or she will have a better chance of getting the job.

Anyone who has experienced sexual harassment at work will tell you that it takes a great deal of courage to report the harassment. Victims of discrimination or harassment may worry that their supervisors and colleagues will not believe them or even resent them for reporting the unlawful mistreatment. An even greater fear is that reporting sexual harassment will get them demoted or fired. Fortunately, Illinois law prohibits employers from retaliating against employees who file sexual harassment complaints. However, recognizing the actions or behaviors that may be considered retaliation is not always easy.  

Understanding Sexual Harassment Laws

Sexual harassment is a form of sex-based discrimination prohibited by The Civil Rights Act of 1964 and several other federal and state laws. A worker creates a hostile work environment when he or she repeatedly makes derogatory comments, remarks, or jokes about a person’s body, sexuality, or gender. Displaying sexually explicit material in the workplace, making repeated unwanted sexual advances, and touching others without consent may also be considered sexual harassment. Quid pro quo sexual harassment involves a person of authority trading sexual contact for work-related benefits or continued employment. If you have been a victim of hostile work environment harassment or quid pro quo harassment, you have a legal right to report this harassment. Your employer is required to address the harassment and ensure that it does not continue to happen.

Most working adults spend a great deal of time around co-workers. Understandably, sometimes sparks fly and an employee develops romantic feelings toward someone he or she works with. If you have found yourself in this situation you may wonder, “Should I ask my co-worker out on a date?” Dating in the workplace is a controversial subject. While there may be some situations in which dating your co-worker results in no negative consequences, beginning a romantic relationship with a colleague at work can sometimes lead to accusations of sexual harassment.

Dating a Subordinate Can Result in Allegations of Quid Pro Quo Harassment

The two types of sexual harassment addressed in the law are quid pro quo sexual harassment and hostile work environment sexual harassment. Quid pro quo sexual harassment occurs when a person of authority such as a boss, supervisor, or manager implies or outright suggests that he or she will provide work-related benefits if a subordinate employee submits to his or her sexual requests. What many people do not understand is that a boss can be accused of quid pro quo sexual harassment even if he or she never actually explicitly states that he or she will offer employment, continued employment, or work perks in exchange for sexual contact. You can be accused of quid pro quo sexual harassment even if a subordinate that you are dating assumes that sexual favors are being traded for work benefits.

Hostile work environment sexual harassment refers to a situation in which offensive or sexual remarks and behavior make a work environment so intolerable that the harassed individual cannot perform work duties. In order to meet the legal definition of sexual harassment, hostile work environment harassment must be “severe” or “pervasive.” Asking a co-worker out on a date once will not meet the definition of harassment. However, if you repeatedly ask a co-worker out, it could trigger a sexual harassment claim.

Workplace sexual harassment can be a tremendously stressful ordeal to endure. Not only do victims have to deal with the humiliation and tension caused by the actual harassment, they must also face the nerve-racking decision of whether or not to report the harassment. Some may wonder why a victim of sexual harassment would tolerate this unlawful mistreatment in lieu of filing a sexual harassment report. However, there are many reasons that victims of sexual harassment remain silent or refuse to come forward.

If you are being sexually harassed at work, you should know that you do not have to face the issue alone. An experienced sexual harassment lawyer can help you with everything from filing a report to seeking financial compensation for a wrongful termination.

Victims May Not Know What Constitutes Sexual Harassment

There are many misconceptions about what the term “sexual harassment” means. Some people mistakenly assume that only physical interactions constitute sexual harassment or that digital harassment “does not count” as harassment. In reality, any inappropriate behavior or language that is related to a person’s sex, gender, or physicality may be considered sexual harassment.

Across the country, men and women are saying “no more” to workplace sexual harassment. No one should be made to tolerate demeaning sexual remarks and behavior while they are at work. However, many people stay silent about sexual harassment because they are afraid reporting the sexual harassment will get them fired. Fortunately, there are laws in place which prohibit employers from firing an employee for making a sexual harassment complaint.

What Constitutes Sexual Harassment?

There are two types of sexual harassment recognized by the law: quid pro quo and hostile work environment harassment. Quid pro quo sexual harassment occurs when a superior attempts to trade sexual attention for workplace perks or continued employment. Hostile work environment harassment occurs when derogatory, discriminatory, or sexual comments and behavior interferes with an employee’s ability to do his or her job.

Can I Sue for Wrongful Termination?

Illinois is an at-will state, which means an employee can be fired at any time and for almost any reason. However, there are several exceptions to the at-will rule. Legally, an Illinois employer cannot fire an employee for discriminatory reasons or in retaliation for the employee exercising his or her rights. Sexual harassment is a type of employment discrimination protected against by Title VII of the Civil Rights Act of 1964 and other laws. If the only reason a person was fired was because they complained about sexual harassment, they may bring a wrongful termination lawsuit against the employer.