Chicago Workplace Sexual Assault Lawyer
Workplace sexual assault, such as inappropriate touching, rape, or unwanted sexual contact of any kind, is a tragically common issue in the United States. After experiencing workplace sexual assault, many victims suffer lasting emotional effects that can disrupt their whole lives. If you or someone you know have been the victim of sexual assault in a Chicago workplace, you deserve to hold the perpetrator and your employer accountable.
It’s important to understand your legal rights and options after experiencing sexual assault in the workplace–in many cases, victims have the right to take legal action against the perpetrator and the employer by filing a civil lawsuit. Chicago provides an extensive legal framework to protect employees from discrimination and abuse. It takes immense courage to pursue justice after experiencing sexual abuse, and if you choose to do so, there are actionable steps you can take right now to seek accountability.

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Author: Kathryn Kosmides
- Workplace sexual assault victims in Chicago can take legal action against both the perpetrator and their employer if the employer failed to prevent or address the assault. Employers may be held liable if they ignored complaints, created a hostile work environment, or if the perpetrator was a supervisor.
- Survivors are protected by federal (Title VII), state (Illinois Human Rights Act), and local (Chicago Human Rights Ordinance) laws. Filing deadlines vary: 300 days for federal EEOC claims, two years for Illinois state claims, and one year for Chicago city claims. Victims must first file an administrative complaint before pursuing a civil lawsuit.
- Chicago offers multiple crisis support services, including Rape Victim Advocates (RVA), YWCA Metropolitan Chicago, and the Illinois Coalition Against Sexual Assault (ICASA). Survivors can access legal aid, therapy, and advocacy through these organizations.
Employer Accountability
Across the nation, the criminal justice system punishes the perpetrators of sexual misconduct. However, some victims choose to hold their assailant—and sometimes their employer—responsible for their misconduct via a civil lawsuit. Illinois allows sexual assault victims to take legal action against their abusers and pursue monetary damages for their suffering; victims can also sue organizations or businesses whose negligence contributed to the abuse in some way.
In Chicago and across Illinois, employers are prohibited by several laws from treating employees differently because of their sex, and employees who experience sexual assault or harassment in the workplace have the right to bring a legal claim for damages.
Anyone can be a victim of workplace sexual assault, be it by a manager, co-worker, vendor, or customer. However, in some situations, the employer can be held liable for damages in addition to the individual perpetrator. Employers can be held accountable if the perpetrator was a supervisor or manager, the employer failed to take action despite knowledge of the incident, or the employer knowingly tolerated a hostile or toxic workplace environment.
Legal Protections for Survivors
Several state, federal, and local laws in Chicago are in place to protect workers from sexual assault and harassment in the workplace. These laws also allow victims of sexual misconduct to obtain compensation for physical injuries, emotional pain and suffering, and other losses that occurred as a result of the abuse.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a federal law that makes it illegal for employers to allow anyone to be sexually harassed at work by anyone else, regardless of sex, gender, or sexual orientation. Workplace sexual assault is a form of sexual harassment under the law. Title VII applies to all employers with 15 or more employees. Employers must provide a work environment free from harassment and discrimination. Therefore, they must investigate and address reports of sexual assault to keep employees safe. They must also not retaliate against those you report abuse.
Victims can file a complaint with the U.S. Equal Opportunity Commission to pursue a federal claim. They must file within 300 days of the incident.
The Illinois Human Rights Act
The Illinois Human Rights Act protects employees in Illinois from sexual harassment and assault in the workplace and allows survivors to seek damages for their suffering in civil court. The Act also requires employers to implement protocols to prevent workplace sexual misconduct, such as annual sexual harassment training. It also protects employees from retaliation for reporting misconduct.
The Human Rights Act provides greater protection to sexual assault survivors than the federal law. While the federal law limits the compensation recoverable, the Illinois law does not have any caps. In addition, the Human Rights Act’s sexual harassment protections cover all employees, not just those with at least 15 employees.
To pursue a claim under the Human Rights Act, victims must file a complaint with the Illinois Department of Human Rights within two years of the assault.
The Chicago Human Rights Ordinance
Filing a Civil Claim Against Your Employer
Victims of workplace sexual assault in Chicago are legally entitled to seek justice against the person who committed the crime in both criminal and civil court. They can also pursue a civil claim against their employer if they enabled the assault or failed to address it. If you decide to take the courageous step of reporting your workplace sexual assault and filing a civil claim, there are several steps you must take before you’re eligible to file suit.
Step 1: Document the Incident
Keep detailed records of the incident, including the date, time, and location it occurred, as well as the names of the perpetrator and any witnesses. Additionally, keep copies of any emails, texts, or other communications that deal with or mention the assault in any way. The more information you can gather, the better.
Step 2: File an Administrative Complaint
In Chicago, you have three options for filing a charge of discrimination after experiencing sexual assault in the workplace. You can file a complaint with the EEOC, the Illinois Department of Human Rights under state law, or the Chicago Commission on Human Relations. You must file an administrative claim before you can file a civil lawsuit.
Step 3: Obtain a ‘Right-to-Sue’ Letter
Once the department you chose to file with concludes its investigation into your assault, you can request a “Right-to-Sue” letter to proceed with a lawsuit.
Step 4: File a Civil Lawsuit
Once you have received a Right-to-Sue letter, you can partner with a qualified workplace sexual assault lawyer and seek compensation for your damages, including medical bills, therapy costs, pain and suffering, emotional distress, lost wages, and other losses. A trauma-informed attorney can inform you of your legal rights and options and stand by you in a civil lawsuit against your perpetrator and/or your employer.
Support Resources for Survivors
Crisis Support Services in Chicago
- Rape Victim Advocates, or RVA: The RVA hotline number is 1-888-293-2080.
- YWCA Metropolitan Chicago: The YWCA offers trauma counseling, advocacy, and healing services. Their hotline is 1-877-718-1868.
Therapy and Support Groups
- Awakenings Foundation for Survivors: Awakenings provides survivors of sexual violence with a trauma-informed art-making experience to encourage healing.
Additional Resources
- Rape, Abuse & Incest National Network, or RAINN: The RAINN national hotline can be reached at 1-800-656-4673. RAINN has 112 centers in Illinois.
- Illinois Coalition Against Sexual Assault, or ICASA: ICASA provides statewide survivor support and advocacy through 31 community-based sexual assault crisis centers, including a dozen in the Chicago area. Each center provides 24-hour crisis intervention, counseling, and advocacy for victims.
Filing Complaints in Chicago
Survivors can file a complaint with the Illinois Department of Human Rights or the Chicago Commission on Human Relations to begin the process of a civil claim.
Illinois Department of Human Rights, or IDHR
- Address: 555 W. Monroe St., 7th Floor, Chicago, IL 60661.
- Phone: 312-814-6200.
- Website: Illinois Department of Human Rights
Chicago Commission on Human Relations
- Address: 740 N. Sedgwick, Suite 400, Chicago, IL 60654.
- Phone: 312-744-4111.
- Website: City of Chicago – Commission on Human Relations
Helping Survivors is Here to Help
Every survivor’s experience with workplace sexual assault is unique, and whether they choose to report the incident or seek justice afterward is entirely their choice. There is no right or wrong answer after experiencing trauma, but you should know that you do have legal rights and options if you choose to hold your perpetrator accountable.
At Helping Survivors, we are on a mission to help heal, educate, and empower those impacted by sexual assault and abuse. We inform survivors of their reporting rights and legal options, provide them with resources and educational content, and connect them with experienced and compassionate lawyers to pursue the justice they deserve.
What you choose to do after experiencing a trauma is your choice, but if you decide you want more information on your rights and resources, contact Helping Survivors today.
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