___________________________________________ Sexual Harassment Prevention: The Illinois Requirement
LAWS AND REGULATIONS DEFINING SEXUAL HARASSMENT Title VII of the Civil Rights Act of 1964 As noted, Title VII of the Civil Rights Act of 1964 is a fed- eral law that protects workers from discrimination regardless of their gender, race, color, national origin, or religion [2]. The EEOC was created under Title VII and is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. This law applies to businesses with 15 or more employees and to federal, state, and local governments. Violation of Title VII can encompass all aspects of employment, including but not limited to hir- ing, firing, layoffs, compensation, training, promotions, and assignments. It is also illegal to discriminate against a person for making a complaint or reporting discrimination. Specifi- cally, section 703 of Title VII states it shall be an unlawful employment practice for an employer to [2; 8]: • Fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin • Limit, segregate, or classify his/her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee, because of such individual’s race, color, religion, sex, or national origin 29 C.F.R. Part 1604.11 The Code of Federal Regulations Part 1604.11 states that sexual harassment directly defies section 703 of Title VII of the Civil Rights Act of 1964 [14]. The Code reads [14]: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly 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].
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, 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-
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