If you have experienced sexual harassment at work, you have legal options to protect yourself and hold your employer accountable. Chicago has strong protections under the Illinois Human Rights Act (IHRA) and federal law, and there are clear steps you can take to file a complaint and seek justice.
This guide explains how to document harassment, where to file complaints, and what to expect during the legal process if you pursue a sexual harassment claim in Chicago.
Step 1: Understand What Qualifies as Sexual Harassment
Sexual harassment is unwanted conduct of a sexual nature that affects your work environment. It can take two forms:
- Quid pro quo harassment – When a boss or supervisor demands sexual favors in exchange for job benefits or threatens retaliation for refusing.
- Hostile work environment – When repeated sexual comments, jokes, touching, or inappropriate behavior make it difficult to do your job.
Examples of workplace sexual harassment include:
- Unwelcome sexual advances, touching, or groping
- Explicit sexual jokes, comments, or emails
- A supervisor pressuring you for dates or sexual favors
- Retaliation for rejecting advances, such as demotion or termination
Step 2: Document the Harassment
Strong evidence is key to proving your case. Start gathering:
- A written record of every incident, including dates, times, locations, what was said/done, and who was involved.
- Emails, text messages, or voicemails that contain inappropriate comments.
- Witness statements from coworkers who saw the harassment or retaliation.
- Company policies or training materials that show the employer’s harassment policies.
Even if you don’t have physical evidence, your testimony and a consistent record of incidents can be enough to support your claim.
Step 3: Report the Harassment Internally (If Safe to Do So)
Most workplaces have sexual harassment policies requiring employees to report incidents to HR or a supervisor. If you feel safe doing so, file a written complaint and keep a copy for your records.
If your employer ignores your complaint, retaliates, or fails to take action, you can file a legal claim with a government agency.
Step 4: File a Complaint with the Illinois Department of Human Rights (IDHR)
The Illinois Department of Human Rights (IDHR) is the state agency that investigates workplace sexual harassment claims in Chicago and throughout Illinois.
How to File a Sexual Harassment Complaint with IDHR
- Deadline: Complaints must be filed within 300 days of the last incident.
- How to File:
- Online via the IDHR website
- By phone or email
- In person at the Chicago IDHR office
- What Happens Next:
- IDHR will review your complaint and may attempt mediation.
- If no settlement is reached, IDHR will conduct a full investigation.
- If IDHR finds substantial evidence of harassment, you can either proceed to a hearing before the Illinois Human Rights Commission (IHRC) or file a lawsuit in state court.
Step 5: File a Complaint with the Equal Employment Opportunity Commission (EEOC) (Optional)
The EEOC is the federal agency that investigates workplace sexual harassment under Title VII of the Civil Rights Act. You may want to file with the EEOC if:
- Your employer has 15 or more employees (Title VII applies to companies of this size).
- You believe your claim may involve federal law violations.
How to File a Sexual Harassment Complaint with EEOC
- Deadline: Complaints must be filed within 300 days of the last incident.
- How to File:
- Online via the EEOC Public Portal
- By phone or mail
- In person at the EEOC Chicago District Office
- What Happens Next:
- The EEOC will investigate and may attempt to resolve the case through mediation.
- If no resolution is reached, the EEOC may issue a right-to-sue letter, allowing you to file a lawsuit in federal court.
Step 6: What Happens After Filing a Complaint?
After filing with IDHR or EEOC, the agency will:
- Notify your employer of the complaint.
- Conduct interviews, request documents, and gather evidence.
- Decide whether there is enough evidence to move forward.
If the agency finds substantial evidence, you can choose to:
- Have your case heard before an administrative judge at the Illinois Human Rights Commission or EEOC hearing process.
- File a lawsuit in state or federal court to seek damages.
Step 7: Consider Filing a Lawsuit
If IDHR or EEOC issues a right-to-sue letter, you can file a lawsuit in Illinois Circuit Court or federal court, depending on the nature of your claim. A lawsuit may allow you to recover:
- Compensation for lost wages if you were fired or demoted
- Damages for emotional distress caused by the harassment
- Punitive damages if the employer engaged in serious misconduct
- Attorney’s fees and legal costs
Should You Hire an Attorney?
Sexual harassment claims are complex, and employers often fight back aggressively. An experienced attorney can:
- Help you gather strong evidence to support your claim
- Advise you on whether to file with IDHR, EEOC, or in court
- Negotiate a settlement before trial
- Represent you in a hearing or lawsuit to maximize your compensation
Take Action – Contact Justice Legal Counsel
If you have experienced sexual harassment in a Chicago workplace, you have legal rights and options. Filing a complaint is an important step, but having a knowledgeable attorney on your side can make a significant difference in the outcome.
At Justice Legal Counsel, we represent victims of workplace sexual harassment in IDHR, EEOC, and court cases. If you need guidance on filing a claim or seeking compensation, contact us today for a consultation.