Sexual Harassment Prevention: The Illinois Requirement ___________________________________________
ages, punitive/liquidated damages, legal fees, fringe benefits, tuition costs) [12].
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].
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. • 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.
REPORTING SEXUAL HARASSMENT
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.
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]. 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].
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MDIL1526
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