Last updated: July 2009

What Is Sexual Harassment

Sexual harassment occurs when you are subjected to unwelcome sexual comments, actions, overtures or invitations by a supervisor, employer, co-worker or business customer in the workplace or in connection with your job. Sexual harassment is a form of sex discrimination in employment. Sex discrimination is prohibited under federal law by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (2006). It is also prohibited by Illinois state law under the Illinois Human Rights Act, 775 ILCS 5/1-101 (2006). Some local city and county ordinances also prohibit sex discrimination.

Are There Different Types of Sexual Harassment?

Yes. Sexual harassment can take two forms: “quid pro quo” (which is Latin for “something for something”) or “hostile work environment”.

“Quid pro quo”

This kind of harassment occurs when your job or the terms of your employment are determined by your acceptance of sexual conduct. In other words, if you do not comply with the sexual overtures or activity, that your job is on the line. In order to establish “quid pro quo” harassment, you will have to prove all of the following:

• Your harasser was your supervisor or someone in a position of authority over you;
• You were subjected to sexual conduct that was unwelcome by you;
• The conduct was sufficiently severe or commonplace at your job that a reasonable person in your position would find the work environment to be hostile or abusive;
• Your employer knew or should have known about the harassment, and yet they did not take reasonable steps to correct the situation or prevent the harassment from recurring; and
• Your harasser’s conduct caused you to be fired or to suffer some other negative employment action against you, or such was threatened if you refused to comply.

“Hostile work environment”

“Hostile work environment” is determined when, even if you suffer no direct threat to your job, the sexual comments, action, jokes or overtures are so ordinary and offensive that it makes the work environment hostile to a reasonable person. In order to establish a sexual harassment claim based on a hostile work environment, you will have to be able to prove the following:

• You were subjected to sexual conduct;
• The conduct was unwelcome by you;
• A reasonable person in your position would find the work environment to be hostile or abusive;
• Your employer knew or should have known about the harassment, and yet they did not take reasonable steps to correct the situation or prevent the harassment from recurring.

What Should I Do If I Experience Sexual Harassment During My Job Application Process?

First, you must find out if your employer has a written sexual harassment policy. If they do, you must follow the steps it lays out for you for complaining about your harasser. This is a necessary step for you to take because if you do not use the policy, your employer will not be responsible for your harasser’s actions. While you may feel afraid to report your harasser, or think that it will do you no good, you must still do so. Otherwise, your legal claim against your employer will not be as strong.

Even in the case where there is no written policy, you must still complain to management about the harassment and you should document the complaint: its date, who you complained to and what you reported. Make sure to tell management the whole story, even if you find the subject matter embarrassing. Again, this will be critical to going forward in any legal claim against your employer for harassment.

When I Applied for a Job the Interviewer Made Sexual Comments and/or Suggested I Would Get the Job If I Went on a Date with Him/Her. Is That Sexual Harassment?

Maybe. Generally, just one action, such as one invitation for a date, a comment on your appearance, touching you once, or a single joke that is sexual in nature, is not enough to create a sexually harassing work environment. However, when the activity becomes repetitive, it may amount to sexual harassment. Also, bear in mind that even one action by your harasser – if it is very bad, such as sexual assault or rape – can alone form the basis of a sexual harassment claim.

NOTE: If the workers in the workplace you applied at used sexually explicit language, sexual curse words and/or told sexual jokes around you it may or may not constitute sexual harassment, depending on how often and how bad the behavior is or was.

What Else Should I Do to Pursue a Sexual Harassment Claim?

If you are the victim of sexual harassment:

• File a charge of discrimination with one of the governmental agencies that investigate discrimination and do so within 180 days of the negative employment action against you.
• In Illinois, if the employer has more than 15 employees, you should go to either the United States Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR) to file a charge of discrimination.
• Go to the EEOC or IDHR, to “exhaust your administrative remedies” before you can move on to bring a court lawsuit for your employment discrimination claim.
• After you file your charge, the EEOC or IDHR will do some investigation of your claim and issue a finding of whether there is sufficient evidence to believe that discrimination occurred in your situation.

NOTE: You do not need to have an attorney to go to the EEOC or IDHR, but you can hire one for the administrative process if you so choose.

What Else Can I Do to Evaluate My Sexual Harassment Claim?

If you believe you have legal claims against your employer, you should consult with an employment law attorney who can evaluate how strong your claims are and how much money they are potentially worth. An employment law attorney can properly evaluate what happened to you.

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