Sexual Harassment Prevention: The Illinois Requirements _ _________________________________________
• If one feels comfortable, one may confide in a friend, family member, or coworker. This may help to reduce stress and receive support. Additionally, one may learn that he or she has not been the only one to experience sexual harassment from a particular harasser and a plan to report may be made. • Seeking counseling may help reduce stress related to the sexual harassment. • If the victim belongs to a union, it may be effective to report the harassment directly to the labor union. If the employer has not effectively stopped the harassment, has not taken the complaint seriously, the sexual harassment has continued, or the victim has experienced retaliation after filing their complaint, the victim may then choose to report the harassment to the Illinois Department of Human Rights or file a civil lawsuit under Title VII of the Civil Rights Act of 1964 [2; 15; 16].
After a report is made to the IDHR, an investigation begins. The IDHR may collect relevant documentation and/or speak to witnesses. The IDHR has up to 365 days to complete their investigation, but most cases are closed sooner. If the IDHR finds that there is substantial evidence of harassment, the case is taken to an administrative law judge at the Illinois Human Rights Commission, a separate state agency that conducts public hearings. This process can take several years [18]. The IDHR may also assist with mediation services in order to resolve any allegations and to avoid an investigation. An investigation can also be avoided if the two parties agree to a voluntary settlement [18]. Equal Employment Opportunity Commission Another option for employees who experience sexual harass- ment is to file a complaint with the EEOC, the federal agency that enforces Title VII of the Human Rights Act of 1964. The EEOC will investigate allegations of harassment and determine if it is severe or pervasive enough to be considered illegal [2; 8].
REPORTING SEXUAL HARASSMENT
WHISTLEBLOWER PROTECTIONS
IN THE WORKPLACE The first step to reporting sexual harassment in one’s place of work is to report the harassment to a supervisor, human resources director, or manager. There should be a policy in place to support the victim and guide them through the report- ing process. The policy should include the definition of sexual harassment, descriptions and examples of sexual harassment, and the penalties of violating the sexual harassment policy [8; 18]. In most cases, the employer will conduct an investigation and take action, if indicated.
FEDERAL PROTECTIONS Under equal employment opportunity (EEO) law, it is illegal to retaliate against a person for [20]: • Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit • Communicating with a supervisor or manager about employment discrimination, including harassment • Answering questions during an employer investigation of alleged harassment • Refusing to follow orders that would result in discrimination • Resisting sexual advances or intervening to protect others • Requesting accommodation of a disability or for a religious practice • Asking managers or coworkers about salary information to uncover potentially discriminatory wages An action is considered retaliation if, in response to an employ- ee’s action with the EEOC, the employer or supervisor [20]: • Reprimanded the employee or gave a performance evaluation that was lower than it should have been • Transferred the employee to a less desirable position • Engaged in verbal or physical abuse
TO OUTSIDE ENTITIES Illinois Department of Human Rights
An employment charge of discrimination, including issues related to sexual harassment, can be reported to the IDHR by email, mail, fax, or in person, and must be filed within two years of the alleged discrimination. The employee who wishes to report sexual harassment must complete, sign, and submit a complainant information sheet (CIS) to the IDHR. More information, including the CIS and office locations, can be found online at https://dhr.illinois.gov/filing-a-charge/ employment.html [18]. In addition to an employment charge of discrimination, the IDHR also enforces four additional charge areas, including: education; fair housing; financial credit; and public accommodations. Each charge area has a separate reporting form [18].
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