Same sex sexual harassment is a form of sexual harassment that occurs between individuals of the same sex. In Illinois, the laws protecting employees from sexual harassment apply to same-sex harassment just as they do to opposite-sex harassment.
Under Illinois law, sexual harassment is defined as any unwanted sexual advances or conduct that creates a hostile work environment. This can include physical touching, verbal or written comments, and gestures. In a same-sex harassment scenario, this could include unwanted physical contact, sexual jokes or comments, and unwanted advances from a co-worker of the same sex.
Same Sex Sexual Harassment is Illegal in Illinois
This means that if one male makes sexual jokes to (or about) another male co-worker, that can qualify as sexual harassment. There is a stereotype that males cannot sexually harass other males, but that is far from the truth. No one should have to deal with sexual harassment, even if it’s coming from the same sex.
Employees who are facing same-sex sexual harassment in the workplace have options. First, you should notify your employer of the harassment. You should make sure to document this notice. That’s why it’s always better to put the notice in writing (such as an email). That way there is proof that you gave them notice of the harassment and gave them an opportunity to correct it. If they don’t adequately address the same sex sexual harassment, then they can be liable for damages.
Same Sex Sexual Harassment by a Supervisor
Things are a little different if the same-sex sexual harasser is a supervisor or manager. In that case, you actually don’t need to prove that you gave your employer notice (although it’s still a good idea to do so). That’s because employers are strictly liable for same sex sexual harassment by their supervisors or managers.
Filing a Same Sex Sexual Harassment Case in Illinois
The next steps would involve filing a complaint (or “charge”) with the Illinois Department of Human Rights. Can you do this alone? Sure. An IDHR employee can even help you file your complaint (although they can’t give you legal advice). However, you are infinitely better off having a qualified Illinois human rights attorney who specializes in same sex sexual harassment claims assist you.
Most attorneys will only charge a fee if you collect damages. Beyond just the legal process, there are other things you should consider such as the effects on your personal life, career, and mental health. We understand this.
Please reach out to us and we’ll be happy to give you legal advice, as well as personal advice about filing a same sex sexual harassment claim.