Workers in tipped industries – such as restaurants, bars, hotels, and salons – face a higher risk of sexual harassment than employees in other fields. Whether from customers, managers, or coworkers, harassment in tipped workplaces is a serious issue that often goes unreported due to fear of retaliation or lost income.
In Illinois, tipped employees have legal protections under the Illinois Human Rights Act (IHRA), the Fair Labor Standards Act (FLSA), and Title VII of the Civil Rights Act. If you work in a restaurant, bar, or other tipped job in Chicago or Illinois, here’s what you need to know about your rights, how to recognize harassment, and what legal steps you can take.
Why Are Tipped Workers at Higher Risk of Sexual Harassment?
Tipped employees – especially those in hospitality, food service, and personal care industries – often depend on customer gratuities for a significant portion of their income. This creates a power imbalance where:
- Employees tolerate harassment from customers out of fear of losing tips.
- Employers and managers ignore harassment complaints to avoid losing business.
- Employees feel pressured to put up with inappropriate behavior to maintain good relationships with repeat customers.
In many cases, harassment comes not only from customers but also from coworkers and managers who take advantage of the workplace’s power dynamics.
Examples of Sexual Harassment in Tipped Jobs
Customer Harassment
- A bartender is repeatedly propositioned by a regular customer, but management tells them to “just ignore it” to avoid losing business.
- A waitress is grabbed or inappropriately touched by customers while serving tables.
- A hotel worker receives sexually suggestive comments from a guest but is told by management to “be friendly” for better tips.
Coworker & Manager Harassment
- A restaurant manager withholds good shifts unless a server agrees to go on a date.
- Kitchen staff make inappropriate sexual jokes or comment on a waitress’s appearance.
- A salon owner pressures an employee to dress more provocatively to attract high-paying customers.
All of these situations may constitute illegal workplace sexual harassment, and employers have a legal duty to stop this behavior.
Your Legal Rights as a Tipped Employee in Illinois
1. Your Employer Must Prevent and Address Workplace Harassment
Under the Illinois Human Rights Act (IHRA) and Title VII, your employer is legally required to:
- Have a sexual harassment policy in place.
- Investigate and take action on harassment complaints.
- Prevent retaliation against employees who report harassment.
2. Employers Can Be Liable for Customer Harassment
If your employer knows that a customer is harassing you but does nothing to stop it, they may be legally responsible for allowing a hostile work environment.
Employers cannot require you to tolerate harassment just because you work in a tipped job.
3. Retaliation for Reporting Harassment Is Illegal
Your employer cannot punish you for reporting sexual harassment, even if it comes from customers. Retaliation can include:
- Reducing your hours or giving you bad shifts.
- Transferring you to a less desirable section of the workplace.
- Firing you or forcing you to quit.
If you experience retaliation after reporting harassment, you may have a strong legal claim for damages.
How to Report Sexual Harassment in a Tipped Job
If you are being harassed at work, take these steps:
- Document Everything – Keep a written record of what happened, including dates, times, locations, and witnesses.
- Report the Harassment to Your Employer – Follow your company’s harassment policy and report the incident in writing to HR or a manager.
- File a Complaint with IDHR or EEOC – If your employer ignores your complaint or retaliates, you can file a complaint with:
- The Illinois Department of Human Rights (IDHR) (300-day deadline)
- The Equal Employment Opportunity Commission (EEOC) (300-day deadline)
- The Chicago Commission on Human Relations (CCHR) (180-day deadline) if you work in Chicago
- Consult an Attorney – A lawyer can help you file a formal complaint or lawsuit and fight for compensation for lost wages, emotional distress, and other damages.
Justice Legal Counsel Can Help
If you work in a restaurant, bar, hotel, or other tipped job in Illinois and have experienced sexual harassment, you don’t have to tolerate it. You have legal rights and may be entitled to compensation.
At Justice Legal Counsel, we help tipped employees in Chicago and throughout Illinois take action against workplace sexual harassment. If your employer ignored harassment or retaliated against you for speaking up, contact us today for a consultation to explore your legal options.