___________________________________________ Sexual Harassment Prevention: The Illinois Requirement
or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Illinois Laws There are several laws in the state of Illinois regarding the prevention of, training to prevent, and protection from sexual harassment. The Illinois Human Rights Act, enforced by the Illinois Department of Human Rights (IDHR), ensures the right of all employees to work in an environment free of sexual harassment or discrimination [15]. In 2017, the Illinois Sexual Harassment and Discrimination (SHD) helpline and website were created in order to help inform and guide individuals through the sexual harassment reporting process [17]. In 2020, the state of Illinois enacted the Workplace Transparency Act (WTA) to address the compliance of employment contracts in discrimination and harassment laws. The WTA indicates that it is unlawful to include in any contract or other employ- ment agreement language that prohibits or prevents reporting of harassment allegations or making truthful statements as a condition of employment or continued employment [16]. The state of Illinois also requires that places of business have sexual harassment policies in place in order to protect employees and ease the reporting process [18].
may neglect duties or assignments, or may be absent from work altogether. Sexual harassment in the workplace can negatively affect the entire team, creating a tense, uncomfortable environ- ment for all employees. Employee turnover is higher when there is harassment in the workplace. A national survey showed that 1 in 7 women and 1 in 17 men reported looking for a new job, changing jobs, or quitting due to sexual harassment in the workplace [19]. In addition to the economic cost incurred by lowered produc- tivity and job turnover, the cost of settling or resolving sexual harassment claims also high, with the EEOC reporting that the monetary costs (not including monetary benefits obtained through litigation), totaled $78.1 million in 2024 alone. “Monetary benefits” include various types of relief secured through administrative enforcement in the resolution of a charge of discrimination (e.g., restored pay, compensatory dam- ages, punitive/liquidated damages, legal fees, fringe benefits, tuition costs) [12]. WHAT TO DO IF ONE EXPERIENCES OR WITNESSES UNWELCOME SEXUAL CONTACT It is important to note that prevention of sexual harassment and the creation of a safe work environment is the responsibil- ity of the employer. Clear policies should be put in place stating that sexual harassment of any kind will not be tolerated and that harassers will be disciplined or terminated. Employees should have clear instructions for reporting, if need be, and retaliation against employees who file a report should not be tolerated [5; 16; 18]. If an individual experiences or witnesses sexual harassment in a place of work, there steps that may be appropriate to take, including [17; 8]: • It is important that the victim of sexual harassment not blame her- or himself. The blame should be put on the harasser. • The victim should report the offending behavior to a superior or otherwise follow the grievance system that the employer has in place. • If possible, document all incidents of sexual harassment, including when it occurred, what happened, what was said or implied, and who was present. • The victim should make clear to the harasser that his or her behavior, speech, or actions are unwelcome and must stop. This may feel uncomfortable to the victim, but it is often the most effective strategy. If a face-to-face discussion is too difficult or dangerous, the victim may choose to send an e-mail or memo to the harasser outlining the incidents and explaining her or his feelings.
CONSEQUENCES OF SEXUAL HARASSMENT
Sexual harassment can negatively affect an individual’s mental health, physical health, and sense of safety. Victims of sexual harassment are more likely to be depressed and to have symp- toms of stress and anxiety, including post-traumatic stress disorder (PTSD). Sexual harassment has been associated with additional negative psychologic effects, including burnout, unhealthy eating behaviors, self-blame, reduced self-esteem, emotional exhaustion, anger, disgust, fear, and less satisfac- tion with life in general; these issues can, in turn, affect an individual’s work life and compromise the quality of patient care. Furthermore, victims of sexual harassment may be more likely to abuse drugs and alcohol and self-harm. Physical health consequences may include headaches, exhaustion, disrupted sleep, gastrointestinal problems, weight gain or loss, and car- diovascular and respiratory issues [5]. Sexual harassment has been shown to lower productivity in the workplace. This may occur when a harasser uses work time to plan, discuss, and/or engage in harassing behaviors. Victims of sexual harassment may be required to spend work hours seeking assistance or documenting an incident of harassment. To avoid harassing or due to distress, victims may be tardy,
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