○ Any witnesses to the harassment. ○ Your experience reporting the harassment; how organizational policies and procedures were followed, the outcome of following those procedures, and outcomes of all actions taken to report the harassment. ○ If the police were called, why and when they were called, and the outcome of calling the police. ○ Status of your work productivity; have copies of work-related activities such as performance evaluations, awards, and promotions. The Illinois Human Rights Act prohibits retaliation for sexual harassment complaints, including “conduct intended to deter or dissuade a person from making a complaint or filing a report of sexual harassment, or participating in an investigation conducted by the Illinois Department of Human Rights or other similar agency” (IDHR, 2023a; IDHR, 2023b). The following scenarios show that reporting sexual harassment is not a simple process. In Scenario 3, Ashley finds that having accurate documentation regarding sexual harassment is essential. Scenario 4 shows that not all claims of sexual harassment are valid. It is essential to have policies and procedures that objectively evaluate all circumstances and protect the rights of all involved parties. Scenario 3 Ashley is a case manager with 15 years of experience and is a licensed clinical social worker who has applied for a promotion. Her manager is James, who is highly regarded by the leadership team because of the consistently high achievement of desired patient outcomes and his ability to run his unit within budget. Over the past six months, James has been making comments of an offensive sexual nature that are directed toward Ashley. These comments always occur out of sight and hearing of other people. These comments affect Ashley’s ability to concentrate, and she hates coming to work. Ashley decides to file a sexual harassment grievance. According to facility policy, the first step is to discuss the situation with her manager. Because her manager is the harasser, Ashley must go to a human resources counselor. When she meets with Marcie, the human resources counselor, Ashley says that she has been the victim of sexual harassment by her manager. Marcie is objective and open to discussion. Their conversation follows. sexual harassment (IDHR, 2023d). Persons who have experienced sexual harassment in the workplace have several reporting options. Where a person can report sexual harassment depends on where the harassment occurred. Suppose the harassment was in either the private or public sector (the part of the economy composed of all levels of government and government-controlled enterprises). In that case, a person needs to contact their human resources department, manager, or supervisor. Many employing organizations have specific policies and procedures for reporting sexual harassment (IDHR, 2023c) For those individuals working in the public sector, several agencies and offices handle sexual harassment complaints. For specific details, access the Public Sector Only section at https://shdh.illinois.gov/reporting.html
Marcie: “Ashley, how long has James been making these comments?” Ashley: “A few months, maybe six or so. I’m not really sure. It seems like forever.” Marcie: “Do you have any documentation regarding what James said, when he said it, and where these conversations took place?” Ashley: “No, not really. I mean, I didn’t write things down. He used foul language and talked about what he’d like to do to me, sexually, I mean. It seemed like a lot. He says if I’m nice to him, I could get that promotion to clinical lead.” Marcie: “Did you get the promotion?” Ashley: “I don’t know. I haven’t heard.” Marcie: “Ashley, I must tell you that James has filed a sexual harassment suit citing you as the perpetrator. He has recorded dates and times of occurrences and what was said by each of you. He alleges that you offered to trade sexual favors to get that promotion. He has notified the Illinois Department of Human Rights.” Ashley is horrified. It is coming down to her word against James’s, and James has documented what he claims happened, including dates, times, and what was said. Scenario 4 Marlena and her partner Jessica have been dating for nearly a year. They have been talking about moving in together. Both Marlena and Jessica work in a large school counseling department. Jessica is Marlena’s supervisor. As Marlena excitedly makes plans to move into Jessica’s apartment, something goes wrong. Jessica approaches Marlena and tells her, “I really don’t want to hurt you, but I’ve met someone else. We’re getting serious quickly, and she’s moving in with me next week.” Marlena is shocked and heartbroken. After a few days, sorrow turns to anger and, finally, a desire for revenge. Marlena makes up a documentation record of alleged sexual harassment occurrences. She cites Jessica as the harasser, claiming that Jessica used her power as supervisor to coerce Marlena into a sexual relationship. After an extensive investigation by the human resources department and the Illinois Department of Human Resources, it was determined that the allegations were false. Marlena was disciplined for making false claims against her supervisor. The IDHR has jurisdiction over complaints of sexual harassment in employment, housing, public accommodation, and education. A person may also contact the IDHR at https://shdh.illinois.gov for a list of additional resources for reporting sexual harassment. Figure 1 is the Complainant Information Sheet (CIS) used in the intake process. CIS forms specifically for harassment or discrimination in employment, housing and real estate, financial credit, public accommodation, and sexual harassment in education can be accessed online at https:// dhr.illinois.gov/publications/forms.html and submitted via email to IDHR.Intake@illinois.gov. Note that the CIS form for charges of employment discrimination must be filed within 300 days of the alleged discrimination (IDRH, 2023a). The complete four-page writable pdf form can be viewed at: https://dhr.illinois.gov/content/dam/soi/en/web/dhr/ filingacharge/documents/cis-emp-pa-fc-sh-rev-03-2021-vf. pdf
Guidelines from the Illinois Sexual Harassment and Discrimination Helpline The Illinois Sexual Harassment and Discrimination Helpline (IDHR, 2023e; IDHR, 2022) offers guidelines for reporting
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