If you experienced sexual harassment at work but felt forced to quit because of it, you may still have a legal claim against your employer. Many people believe that once they leave a job, their ability to take legal action is gone – but that’s not true.
In Illinois, you can still file a sexual harassment complaint after quitting, and in some cases, you may have an even stronger claim, particularly if you were effectively forced out due to the harassment. This guide explains your legal options, deadlines, and what steps to take if you left your job because of harassment.
Can You File a Sexual Harassment Complaint After Quitting?
Yes. In Illinois, employees who resign due to sexual harassment can still file complaints under:
- The Illinois Human Rights Act (IHRA)
- Title VII of the Civil Rights Act (federal law)
- The Chicago Human Rights Ordinance (if the harassment happened in Chicago)
However, you must act quickly because strict deadlines apply.
How Long Do You Have to File a Sexual Harassment Claim After Quitting?
- Illinois Department of Human Rights (IDHR): You must file within 300 days of the last incident.
- Equal Employment Opportunity Commission (EEOC): You must file within 300 days of the last incident if covered under federal law.
- Chicago Commission on Human Relations (CCHR): If your workplace was in Chicago, you must file within 180 days of the last incident.
- Illinois State or Federal Court: If you receive a right-to-sue letter from the IDHR or EEOC, you typically have 90 days to file a lawsuit.
If you wait too long, you may lose your right to seek compensation, so it’s important to act quickly.
When Does Quitting Strengthen Your Case?
In some situations, quitting can actually help your legal claim, especially if you can prove that the harassment was so severe that no reasonable person could continue working there. This is known as a constructive discharge claim.
To win a constructive discharge case, you must show:
- The harassment was severe and persistent.
- You reported it, and your employer failed to take action.
- A reasonable person in your situation would have felt forced to quit.
Example of a Strong Constructive Discharge Case:
- A female employee repeatedly experiences explicit comments and unwanted touching from her supervisor.
- She reports the harassment to HR, but the company takes no action.
- The harassment escalates, and the employee feels so unsafe that she quits her job.
- She files a sexual harassment and constructive discharge claim, arguing that no reasonable person would have been able to stay under those conditions.
In this case, the employer could be held responsible for lost wages, emotional distress damages, and more.
What If You Never Reported the Harassment Before Quitting?
You may still have a case, but it can be harder to prove if:
- You never told HR or a supervisor about the harassment.
- The employer was unaware of the problem before you quit.
However, some exceptions apply. For example, if the harasser was your supervisor, the company is often automatically liable for their actions, even if you never filed a complaint.
What Compensation Can You Recover?
If you win your claim, you may be entitled to:
- Back pay: Compensation for lost wages from the time you quit until you find a new job.
- Front pay: If returning to your job is impossible, you may receive compensation for future lost wages.
- Emotional distress damages: Compensation for mental anguish, anxiety, and stress caused by the harassment.
- Punitive damages: In extreme cases, the employer may be required to pay additional penalties.
- Attorney’s fees: The company may have to cover your legal costs if you win.
Steps to Take If You Quit Due to Sexual Harassment
- Gather evidence – Keep copies of emails, texts, performance reviews, and any written complaints you made about the harassment.
- Document why you left – If possible, send a resignation letter explaining that harassment was the reason you resigned.
- File a complaint promptly – Contact the IDHR, EEOC, or CCHR before the filing deadlines expire.
- Consult a lawyer – An attorney can help prove constructive discharge, gather evidence, and maximize your compensation.
Get Legal Help from Justice Legal Counsel
If you left your job due to sexual harassment, you may still have a strong case for compensation. Employers should not be allowed to create toxic workplaces that force employees to quit.
At Justice Legal Counsel, we represent employees in Illinois and Chicago who have experienced sexual harassment. If you resigned due to workplace harassment, contact us today for a consultation to explore your legal options.