Tag: Sexual Harassment

Employers Can Be Liable For Sexual Harassment Committed by Non-Employees

Posted by Quinton Osborne on

Most people know that employees are protected against sexual harassment committed by co-workers or supervisors. But did you know that employees are also protected against sexual harassment committed by individuals outside of the company?

Sexual Harassment Law in Illinois

Title VII of the Civil Rights Act and the Illinois Human Rights Act prohibit an employer from discriminating against an employee on the basis of sex. An employer violates this provision the discrimination creates a hostile work environment. To establish a claim, the individual must show he or she was subject to unwelcome sexual conduct, advances, or requests because of his or her sex that was severe or pervasive enough to create a hostile relationship. Thus, regardless of whether the conduct is from a co-worker or someone outside the company, such as a customer, the harassment must be severe and pervasive.

In addition, the individual must show there is a basis for employer liability. If the sexual harasser is a supervisor of the employee, employer liability in Illinois is automatic. However, if the sexual harasser is a co-worker or non-employee, you must show the company was reckless in permitting, or failing to prevent the sexual harassment. EEOC v. Costo, 903 F.3d 618 (7th Cir. 2018). The Employer must know about the harassment and then fail to take reasonable steps to prevent the harassment.

Hewitt v. BS Transportation of Illinois

For example, a plaintiff recently filed a federal lawsuit claiming the employer is liable for sexual harassment committed by a nonemployee. Hewitt v. BS Transportation of Illinois, 2:18-cv-712 (E.D. P.A. Jan. 11, 2019). The Company moved to dismiss the case because no one at the Company committed the sexual harassment. However, the Court denied the Company’s motion, finding it would be equally illegal for a non-employee to commit sexual harassment so long as the above elements are met.

If you are victim to sexual harassment, regardless of source, contact an employment attorney immediately.

A Sexual Harassment Refresher

Posted by Quinton Osborne on

It seems every day there are more celebrities accused of groping and sexual harassment. (Here is a running list of stars who allegedly committed sexual misconduct). This has also started a #metoo campaign, where women across the Country are sharing their stories of having to endure inappropriate sexual comments or touching. Unfortunately, sexual harassment is all too common in the workplace, and it has largely gone ignored under the boys-will-be-boys attitude. Thankfully, since the allegations have surfaced against Harvey Weinstein, women and men across the country are getting the courage to confront their abusers. Now is as good of time as any to review laws that protect employees in Illinois from sexual harassment in the workplace.

What is Sexual Harassment

In order to show sexual harassment (or #metoo movementa hostile work environment), the employee needs to show (1) she was subjected to unwelcome sexual conduct, advances, or requests, (2) because of her sex, (3) that were severe or pervasive enough to create a hostile work environment, and (4) that there is a basis for employer liability.

Often the biggest issues is determining whether the conduct was severe or pervasive. As a general rule, is there is uninvited physical conduct, likely only one instance is enough to be considered severe and pervasive. Alternatively, if the employee is subject to vulgar banter, or inappropriate sexual comments by co-workers, it will likely need to continue for a period of time to be deemed pervasive. Whether the conduct will be deemed severe or pervasive will depend on the frequency, its severity, whether it is physically threatening or humiliating, and whether it interferes with the employee’s work performance.

Quid Pro Quo Sexual Harassment

There is also quid pro quo sexual harassment, which is all too common. This occurs where submission to sexual demands is made a condition of tangible employment benefits, or submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual. This often happens when a supervisor requires a subordinate to submit to some form of sexual conduct in order to be promoted, given a raise, or keep employment with the company. Although this type of sexual harassment might seem more consensual, it is just as illegal and repulsive as all other types.

Time Limitations

Bear in mind that in order to successfully pursue a sexual harassment claim, you or your attorney must first file a charge of discrimination with the Equal Employment Opportunity Commission or the Illinois Department of Human Rights. If filed with the EEOC, the charge must be filed within 300 days of the illegal conduct. If filed with the IDHR, it must be filed within 180 days. In determining the last date of illegal conduct, if there is a violation that continues over a period of time, the employee can obtain relief by linking all acts with the last act that falls within the limitations period.

If you have been subjected to sexual harassment, contact an attorney immediately.