Sexual Harassment at Work in Illinois: Co-Worker vs. Supervisor – What’s the Difference?

If you’re experiencing sexual harassment at work in Illinois, you may be wondering whether it matters who is harassing you. The short answer? Yes – it does.

While both co-worker and supervisor harassment are illegal under federal law (Title VII of the Civil Rights Act) and Illinois state law (Illinois Human Rights Act), the legal standards and employer responsibilities differ depending on who is committing the harassment. Understanding these differences is crucial if you’re considering taking action.

Sexual Harassment Basics

Sexual Harassment by a Co-Worker

If a co-worker (someone at your level or in another department) is harassing you, your employer is not automatically liable for their actions. However, under Illinois law, they can be held responsible if:

  • You reported the harassment to your employer, and they failed to take action.
  • The harassment was severe and pervasive enough to create a hostile work environment.
  • Your employer knew or should have known about the harassment but did nothing to stop it.

Illinois law requires all employers to have a written sexual harassment policy and to provide annual sexual harassment prevention training. If your employer fails to act on a complaint, they could face serious penalties.

What You Should Do

If a co-worker is sexually harassing you:

  • Document everything – Keep a record of incidents, including dates, times, locations, and any witnesses.
  • Report it – Follow your company’s policy for reporting harassment (typically HR or a manager).
  • Follow up – If your employer ignores your complaint, that strengthens your legal case.

Sexual Harassment by a Supervisor

When a supervisor, manager, or someone with authority over you is the harasser, your employer can be held automatically liable in certain situations.

Key Differences When a Supervisor is Involved

  • Quid Pro Quo” Harassment: If a supervisor makes your job, promotion, pay, or benefits dependent on sexual favors, your employer is strictly liable, meaning they are responsible even if they were unaware of the harassment.
  • Hostile Work Environment: If a supervisor’s harassment creates an intimidating or abusive workplace, your employer is liable unless they can prove:
    • They had policies in place to prevent harassment, and
    • You never reported the harassment.

What You Should Do

If a supervisor is sexually harassing you:

  1. Save evidence. Emails, text messages, or records of inappropriate comments can be crucial.
  2. Report the harassment. Even if you fear retaliation, reporting the harassment can help protect your legal rights.
  3. Seek legal advice. If your employer doesn’t act or retaliates against you, you may have a strong case for legal action.

Illinois Laws Provide Extra Protection

In addition to federal protections, Illinois law goes further in protecting workers from sexual harassment.

  • Employers must provide sexual harassment prevention training every year.
  • Bars, restaurants, and hotels must have additional policies and training in place.
  • Victims can file complaints with the Illinois Department of Human Rights (IDHR) and/or the Equal Employment Opportunity Commission (EEOC).

Under the Illinois Human Rights Act, your employer cannot retaliate against you for reporting harassment. If they do, you may have a strong case for damages, including lost wages, emotional distress, and punitive damages.

Need Legal Help? Let’s Talk.

If you’re facing sexual harassment at work in Illinois, you don’t have to go through this alone. We specialize in employment law and can help you understand your options, protect your job, and hold your employer accountable. Contact us today for a confidential consultation. Let’s make your workplace safe again.

Scroll to Top