How To Sue For Sexual Harassment In The Workplace In Chicago

Sexual harassment can make your job a living nightmare. If you’re experiencing sexual harassment in the workplace in Chicago, knowing your rights and how to fight back can give you the strength to take action and seek justice. This guide helps you understand the process of suing for sexual harassment in Chicago by offering a clear, practical roadmap to protect yourself and hold those responsible accountable.

What Counts As Workplace Sexual Harassment In Illinois?

In Illinois, sexual harassment at work includes any unwanted sexual behavior that makes your workplace feel unsafe, hostile, or uncomfortable. This can show up in many ways, such as:

• Unwanted touching, like hugs or physical grabbing
• Crude jokes, suggestive comments, or sexual gestures
• Inappropriate texts, emails, or images
• Pressure for sexual favors in exchange for job perks or threats of punishment

Understanding what harassment looks like is the first step to building a solid case.

The Step-by-Step Guide To Filing A Sexual Harassment Claim In Chicago

Step 1: Write Down Everything

Keeping a detailed record of what’s happening is one of the most important things you can do. Jot down every incident, including:

• The date and time it happened
• Where you were
• Anyone else who saw or heard it
• Exactly what occurred
• Any messages, like texts or emails, related to the incident

These notes will be key evidence to back up your claim.

Step 2: Tell Your Employer

Under both Illinois state law and federal statutes, you are expected to report harassment to your employer as soon as you can. Check your company’s policy and follow their reporting process, preferably in writing. If there’s no clear process, tell your supervisor or HR department. Reporting creates an official record and shows you’re taking the issue seriously.  If you don’t report sexual harassment to your supervisor or “HR,” the company will use that as a defense if you later bring a claim.  

Step 3: File An Administrative Claim First

Before you can file a lawsuit, the law requires you to submit an administrative complaint directly to the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR).  This is commonly referred to as “exhausting your administrative remedies.”  Failure to comply with this initial requirement can result in dismissal of any subsequently filed lawsuit.    

Whether you exhaust your administrative remedies with either the EEOC or the IDHR, the time period for you to do so is the same:

• EEOC: You have 300 days from the date of harassment to file.
• IDHR:  You have 300 days from the date of harassment to file.

Meeting the above filing deadlines will ensure all your legal options remain available.

Step 4: The EEOC / IDHR Investigation

After you file, the EEOC or IDHR (depending upon which agency you file with) will look into your complaint. This could include:

• Talking to witnesses
• Reviewing any documents you provide
• Visiting your workplace to get a clearer picture

If they find evidence to support your claim, they could suggest mediation to settle things or give you a “Right to Sue” letter, which lets you move forward with a lawsuit.

Step 5: Get Your “Right to Sue” Letter

Once their investigation is done, the EEOC or IDHR will send you a “Right to Sue” letter. This is your green light to take your case to court.  You cannot file a lawsuit until you receive this letter.  

Step 6: File a Lawsuit

A “Right to Sue” letter gives you 90 days to file a lawsuit in either the Circuit Court of Cook County or the United States District Court for the Norther District of Illinois.  The lawsuit should explain what transpired, how your employer failed to fix the situation, and how the harassment has affected your life.

Evidence That Can Strengthen Your Case

Every lawsuit needs solid evidence. Try to gather things like:

• Texts, emails, or other messages that show inappropriate behavior;
• Statements from coworkers who saw or heard the harassment; 
• Records of your report to HR or a manager; 
• Doctor or therapist notes showing how the harassment has impacted your mental or emotional health.

This evidence helps paint a clear picture of what you’ve been through.

The Type Of Compensation You Might Receive

If your lawsuit is successful, you could be awarded compensation, including:

• Money for lost wages or benefits
• Payment for the emotional pain you’ve endured
• Extra damages if your employer was blatantly irresponsible
• Coverage for your legal fees and court costs

The amount you receive depends on the specifics of your situation.

There Are Time Limits For Filing A Claim In Chicago

You need to act fast to meet legal deadlines:

• 300 days from the harassment to file with the EEOC or IDHR
• 90 days from getting your “Right to Sue” letter to file a lawsuit

Missing these deadlines could mean losing your chance to file a lawsuit.  

Why A Chicago Sexual Harassment Lawyer Can Make A Difference

The employment laws are complex and can be daunting.  This is an area of law where it is important to have a lawyer that is experienced and skilled.  A Chicago attorney who specializes in sexual harassment can:

• Review your case and explain your options
• Help collect and present strong evidence
• Negotiate a settlement or fight for you in court
• Protect you from any retaliation by your employer

Many lawyers work on a contingency fee basis, so you only pay if you win.

Tips For A Stronger Claim

To boost your chances of success:

• Report the harassment right away to start a clear paper trail
• Keep careful, detailed notes about every incident
• Work closely with the EEOC or IDHR during their investigation
• Keep your case off social media and avoid discussing it publicly
• Listen to your lawyer’s advice and follow their lead

Final Thoughts: You Deserve a Safe Workplace

Sexual harassment can make you feel helpless, but you have rights under Illinois and federal law. Maintaining good records, meeting all filing deadlines, and partnering with an attorney who excels at workplace harassment cases, will give you the best opportunity to seek the justice you deserve. No one should have to work in a place that feels unsafe.  If you’re facing workplace sexual harassment in Chicago, don’t wait to reach out to a trusted employment lawyer today. 

About The Author

This article was written by Paul S. Padda, the managing attorney of Paul Padda Law.  With offices in Las Vegas and Chicago, Paul Padda Law is a premiere law firm representing individuals and businesses in a wide variety of practice areas such as personal injury and business disputes.  If you have a legal issue you need help with, contact Paul Padda Law at (800) 712-0000 or get in touch through this website.