Even professional settings like the workplace are plagued with gender-related issues. According to a 2018 survey by the Growth from Knowledge (GfK), 81% of women and 43% of men nationwide have experienced some form of sexual harassment or assault in their lifetime. Another survey by the Stop Street Harassment reported that the workplace is the second most frequently listed place of sexual harassment for women and the third for men.
Definition of Workplace Sexual Assault and Sexual Harassment in Illinois
In the State of Illinois, sexual assault is when the perpetrator uses force or threatens to use force against the victim; knows the victim can’t understand the nature of the acts and give knowing consent; or holds a position of trust or authority over the victim (who must be 13 and 18 years old).
Illinois law also stresses the definition of consent which must be a freely given accord. Lack of physical or verbal resistance from force or threat of force doesn’t mean agreement. The law also specifies that the victim’s clothing doesn’t constitute consent and that consent may be withdrawn at any given time.
Sexual conduct is the deliberate touching or fondling of the victim’s genitals, breasts, and anus, directly or through the victim’s clothing. It may also include the transfer of semen from the perpetrator to the victim’s skin or clothing for arousal or sexual gratification.
The Illinois Human Rights Act defines sexual harassment as, the unwanted sexual advances or requests for any sexual favors or conduct that may affect a person’s employment. This means the person may obtain or lose employment or gain advances in the workplace. Sexual harassment may also be construed as the sexual conduct or request thereof that affects the victim’s working environment.
Federal Law Against Workplace Sexual Harassment
Title VII of the Civil Rights Act of 1964 champions against discrimination in the workplace based on race, sex, color, religion, or national origin. According to the Act, sexual harassment victims may be male or female and the harasser may not necessarily be of the opposite sex. The Act also states that perpetrators may be superiors, coworkers, or non-employees and that the advances made to the victim are unwelcomed.
Possible Signs of Workplace Sexual Harassment
Some forms of sexual harassment are blatant while others are often construed and trivialized as merely uncomfortable conduct. Sexual assault is a more deplorable form of sexual harassment. Other forms may include:
- Unwanted physical contact;
- Sexist, sexual, or romantic remarks;
- Requests for sexual favors;
- Display of unwanted sexual images;
- Quid pro quo stipulations; or
- Threats of retaliation in case of rejection.
Work Conditions Associated with Higher Rates of Sexual Harassment
The Institute for Women’s Policy Research identified a number of work-related factors that may heighten the risk of sexual harassment and assault. These include the following:
- Working alone;
- Working in male-dominated professions;
- Working for tips; or
- Working under temporary work visas or lack of legal immigration status.
What to do in case of Sexual Assault in the Workplace
If you or anyone you know has been sexually assaulted, you may conduct the following:
- Report to your Human Resources department. Your HR must be equipped with resources on how to report instances of sexual assault or harassment in the workplace.
- File a complaint to your HR. As part of the process, you must file a formal complaint against the perpetrator.
- Keep copies of records and pay attention. Organizing your own records will help you in case you pursue legal action outside company mediation. Remember the people you’ve talked to and document your company’s response to the report.
- If your workplace doesn’t investigate and resolve the issue, you may file a complaint with the Equal Employment Opportunity Commission (EEOC). After filing a complaint against your employer, the EEOC will conduct an investigation. If your employer still doesn’t resolve the issue, you may then file a lawsuit.
- Find a lawyer. If your workplace refuses to address your sexual harassment or assault complaint despite interventions from the EEOC, your next step is to file a lawsuit. Having a reliable legal counsel to defend your case will help serve the justice you deserve.
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