Under the Illinois Human Rights Act (IHRA, 775 ILCS 5/2-102(D)), sexual harassment at work includes any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that is made a condition of employment, affects employment decisions, or creates an intimidating, hostile, or offensive work environment. Illinois law is broad — it covers all employers with even one employee, and landmark 2019 amendments strengthened protections significantly.
How Does Illinois Law Define Sexual Harassment?
The IHRA defines sexual harassment as conduct of a sexual nature that meets one of two legal tests:
Quid Pro Quo Harassment: This occurs when submission to or rejection of sexual conduct is used as the basis for employment decisions. Classic examples include a supervisor demanding sexual favors in exchange for a promotion, a raise, or continued employment — or punishing an employee for refusing.
Hostile Work Environment: This occurs when sexual conduct is so severe or pervasive that it alters the terms and conditions of employment and creates an abusive working environment. A single extremely severe incident can qualify, or a pattern of less severe but repeated conduct. Courts evaluate the totality of the circumstances, including the frequency and severity of the conduct, whether it was physically threatening, and its effect on the employee’s ability to perform their job.
What Did the 2019 Illinois Amendments Change?
The Illinois Workplace Transparency Act (effective January 1, 2020) made sweeping changes to how sexual harassment is handled in Illinois workplaces:
Mandatory anti-harassment policies: Every employer in Illinois — regardless of size — must have a written sexual harassment prevention policy. The policy must meet minimum standards set by the Illinois Department of Human Rights (IDHR) or face civil penalties.
Annual training requirement: All employers must provide sexual harassment prevention training to employees at least once per year. The IDHR provides a model training program. Bars and restaurants have additional, industry-specific supplemental training requirements.
Confidentiality agreements restricted: Employers cannot require employees to sign non-disclosure agreements that prevent them from disclosing sexual harassment as a condition of employment or settlement. NDAs in settlement agreements are permissible only if the employee requests confidentiality.
Disclosure of settlements: The Illinois Human Rights Commission must now report annually on the number of sexual harassment complaints and settlements.
Who Can Be Held Liable for Sexual Harassment in Illinois?
Under the IHRA, employers are strictly liable for quid pro quo sexual harassment by supervisors. For hostile work environment harassment, employers can be held liable if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
Importantly, Illinois law also extends some protections to non-employees — including contractors and vendors who are subjected to harassment in the workplace. Employers can face liability if they fail to take action against harassment directed at workers who are not technically their employees.
What Are the Reporting Requirements in Illinois?
Employees who experience sexual harassment should report it using their employer’s internal complaint procedure — this creates a record and may be required before pursuing an external claim. However, you are not required to go through internal HR before filing a charge with the IDHR.
To file an external charge, you must submit a complaint to the IDHR within 300 days of the harassing conduct (if also preserving EEOC rights) or within 365 days for an IDHR-only claim. Illinois law permits employees to file without fear of retaliation — retaliating against someone for reporting sexual harassment is itself a separate violation of the IHRA.
What Should I Do If I Am Being Sexually Harassed at Work?
First, document every incident: date, time, location, what was said or done, and any witnesses. Save relevant messages, emails, or other evidence. Report the conduct through your employer’s internal process and keep a copy of your complaint. If internal reporting does not resolve the issue — or if you face retaliation for reporting — contact an employment attorney and consider filing a charge with the IDHR or EEOC immediately.
Frequently Asked Questions
Does sexual harassment have to be physical to be illegal in Illinois?
No. Sexual harassment under Illinois law includes verbal conduct — such as sexually explicit comments, jokes, or requests for sexual favors — that creates a hostile work environment, even if no physical contact occurs. Written harassment via text, email, or messaging apps also qualifies.
Can men be victims of sexual harassment in Illinois?
Yes. The IHRA protects all employees regardless of sex or gender identity. Men can be harassed by women, by other men, or in any other gender combination. The key is whether the conduct was sexual in nature and unwelcome.
Can I be fired for reporting sexual harassment in Illinois?
No — that would be retaliation, which is independently illegal under the IHRA. If your employer fires, demotes, or otherwise punishes you for reporting sexual harassment, you have a separate legal claim for retaliation on top of any harassment claim.
Does my employer have to have a written sexual harassment policy?
Yes. Since the 2019 Workplace Transparency Act, every Illinois employer — even those with only one employee — must maintain a written sexual harassment prevention policy and provide annual training. Failure to do so can result in civil penalties from the IDHR.
How long do I have to file a sexual harassment claim in Illinois?
You must file with the IDHR within 300 days of the harassing conduct to preserve both state and federal options, or within 365 days for an IDHR-only claim. Do not wait — the clock starts running from each individual incident of harassment.
What remedies are available for sexual harassment victims in Illinois?
Remedies include back pay, reinstatement, compensatory damages for emotional distress, attorney’s fees, and in some cases punitive damages. The IHRA does not cap compensatory or punitive damages for sexual harassment claims, unlike some federal laws.
Contact Atlas Law Center for a free consultation at (630) 394-6350 (Employment Law). We help Illinois workers stand up against sexual harassment and hold employers accountable under state and federal law.
