19 Preventing Sexual Harassment in the Workplace for Illinois Professionals, 2nd edition: Summary
Federal Legislation Regarding Sexual Harassment Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII of this act applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the federal government. According to the EEOC, “unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature” constitute sexual harassment. “Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision,” such as the victim being fired or demoted. The EEOC notes that sexual harassment can occur in a variety of circumstances, including: • The victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex • The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a nonemployee • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct • Unlawful harassment may occur without economic injury to or discharge of the victim • The harasser’s conduct must be unwelcome It is also “unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII”. The following scenario’s help us think through different cases of sexual harassment.
The website provides links to legal protections, reporting, legal assistance, and counseling. Details of these issues are discussed in the next section, including the reporting of sexual harassment. The Sexual Harassment Hotline Call Center can be reached between 8:30 AM and 5 PM Monday through Friday, except on state holidays. Whistleblower Laws in Illinois The National Whistleblower Center defines a whistleblower as “someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing”. The Illinois Whistleblower Act protects citizens, including state and local government employees, who, based upon a reasonable belief of corruption, “blow the whistle on government”. In 1991, Illinois passed the Illinois False Claims Act (IFCA), extending the previous Illinois Whistleblower Reward and Protection Act to cover all levels of state government and reward citizens who blow the whistle. A whistleblower can get up to 30% of the amount recovered as a reward upon completing a successful whistleblower suit. A whistleblower’s identity is confidential except in rare circumstances where the law requires disclosure. The law further states: “If you are a state employee and you disclose or threaten to disclose to your supervisor or any public body something you believe is illegal, or provide information to any public body investigating corruption, or participate in a proceeding to enforce the State Officials and Employees Ethics Act … [If retaliation occurs, remedies can include] reinstatement; two times back pay; interest on back pay; and/or payment of reasonable costs and attorneys’ fees”. For further details about the whistleblower laws in Illinois, including various telephone numbers for reporting, visit the website at https://oeig. illinois.gov/complaints/process.html.
Powered by FlippingBook