Have Sexual Harassment Claim Outcomes Improved Since 2022?

 Posted on January 09, 2025 in Sexual Harassment

In 2022, Illinois added several laws that further protected individuals who experience sexual harassment in the workplace. Unfortunately, sexual harassment is still far more prevalent than it should be. Almost 38 percent of women report experiencing sexual harassment at work, with as many as 80 percent of women in the restaurant industry.

Half of all women in the United States know someone who has quit or been fired from a job because of sexual harassment. More than 27 percent of all workplace harassment charges filed with the EEOC are for sexual harassment, which suggests there is still plenty of room for improvement in preventing sexual harassment in Illinois. If you are the victim of sexual harassment in the workplace, you need a highly skilled Wheaton, IL sexual harassment attorney.  

Has the Definition of Sexual Harassment Changed?

There have been enhancements made to the definition of sexual harassment so that the definition now explicitly includes sexual misconduct. Sexual misconduct specifically raises issues of consent, unequal relationships, and equal access to career opportunities and career progression. 

Sexual harassment is a type of sexual misconduct and can include any unwanted behaviors of a sexual nature, coercion or bullying with sexual elements, sexual comments, non-verbal sexual communications, any type of creation of an atmosphere of discomfort, and sexual assault.

The Law Requires All Employers to Incorporate a Written Sexual Harassment Policy

All businesses must display a poster in a prominent place that provides employees with information pertaining to sexual harassment in the workplace. Some businesses must further incorporate a written sexual harassment policy in the employee handbook that reiterates the right of each employee to be free from discrimination or sexual harassment.

The Statute of Limitations Has Increased

It can be very difficult for a victim to report sexual harassment, especially in workplaces with fewer employees. The person who has been sexually harassing another person may be best buddies with the boss – perhaps they play golf on Saturdays or go out drinking on Friday nights. While victims previously only had 300 days to file a Charge of sexual harassment with the Illinois Department of Human Rights, that time has been extended to two years as of January 1, 2025. Retaliation is always a possibility when reporting sexual harassment, so this substantial extra time allows a victim of sexual harassment extra time to put safeguards in place.

Have These Changes Made a Measurable Difference?

While changes in the state law are beneficial and have brought attention to sexual harassment in the workplace, there is still more work to be done. Often, those who report sexual harassment in the workplace are not believed or are ridiculed or retaliated against, even though this behavior is illegal. In 2023, only 58 percent of employees reported discrimination or sexual harassment – fewer than in 2019. Today, 40 percent of workers have little to no confidence in their employer’s ability to stop workplace sexual harassment. Clearly, there is more work to be done.

Contact a DuPage County, IL Sexual Harassment Lawyer

If you are the victim of workplace sexual harassment, the best step you can take is to contact a Wheaton, IL sexual harassment attorney who can guide you through the process with the best possible outcome. Choosing MKFM Law ensures you will have a highly experienced attorney as your advocate. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to schedule an initial attorney meeting.