Most people think of a sexual assault as a crime, and it is. In the workplace, it is often also a civil rights violation. Illinois treats sexual harassment, including assault, as a form of discrimination that employers are responsible for addressing. The state's main tool for enforcing that rule is the Illinois Human Rights Act, and for many workers it is the most direct way to hold an employer accountable.
Using it does not depend on a police report or a criminal conviction. A civil claim, whether it goes through the state's human rights system or the courts, centers on what the employer knew, what it should have known and what it did.
Where the Act Fits
The Human Rights Act is one of three main avenues. Federal Title VII is another, and a direct lawsuit for assault or battery against the individual is the third. They differ in their requirements and their clocks. Of the three, the state Act is often the most natural way for an employee to reach the company itself.
Even Very Small Employers Are Covered
One important feature of the Illinois Human Rights Act is how far it reaches. For sexual harassment, it covers employers with as few as one employee. Federal Title VII, by contrast, generally applies only to employers with 15 or more employees. Workers at small businesses, family-owned shops and startups therefore often have a state claim even when a federal one is not available.
That broad coverage reflects a policy choice. Small workplaces can be especially difficult places to report misconduct. There may be no human resources department at all, the owner may be the person responsible or the harasser may be a relative of the owner. Survivors in those settings often feel they have nowhere to turn internally. The Act gives them a formal channel outside the business, through a state agency whose job is to investigate charges of discrimination, including sexual harassment and assault.
Filing With the IDHR
Charges under the Act are filed with the Illinois Department of Human Rights. A charge must generally be filed within two years. That period took effect on January 1, 2025, and replaced a 300-day window that applied before. If you were told years ago that you had less than a year, the rule may have changed.
Charges of sexual harassment in the workplace can name both the individual harasser and the employer, and both can be found liable.
Other Claims That Can Run Alongside
A separate civil claim for assault or battery can be brought against the person who committed the act, generally within two years for adults. Federal Title VII charges, where available, must generally be filed within 300 days. The Illinois Gender Violence Act, 740 ILCS 82, adds another route, including a separate provision aimed at employers with its own conditions and limitation period. These options can overlap, and choosing which to pursue is a strategic decision best made early.
What the Employer's Files Can Show
Employers keep human resources files, records of prior complaints and investigation notes. A complaint that was investigated and closed is still evidence that the employer knew. If a coworker had complained about the same person, or a manager was told and did nothing, those facts can be decisive under the Act.
Private Employers
Outside government, employers do not get the special protections Illinois extends to public bodies under its Tort Immunity rules. For a typical private company, the dispute comes down to knowledge and response: what management was told, and whether it acted.
When the Victim Was Not an Employee
The Human Rights Act focuses on employees. If the person assaulted was a customer, visitor or client, the employer may instead be liable for negligently hiring or keeping on a worker it knew or should have known was dangerous.
Your Questions About the Act
My employer only has a handful of workers. The Act still applies to sexual harassment, because coverage starts at one employee.
Can I name the person who assaulted me as well as the company? Yes. Sexual harassment charges can name both the individual and the employer.
It happened a while ago. The two-year state period may still be open. The precise dates matter.
What will this cost me? Nothing up front. Cases are taken on a contingency fee, so there is no fee without a recovery.
I can't recall every detail. That is ordinary. These cases rely heavily on records.
What Happens After You Call
Calling is just a way to ask questions, and you will not be asked to recount the assault. If you would like us to dig in, we research without charge which employer had a duty, what it knew, which records exist and which deadlines apply. We tell you plainly what we find, and the choice is yours. Declining keeps everything confidential. Proceeding means we handle the charge or lawsuit, deadlines, records and insurers, and can seek protections for your identity.
Contact Information
Call Coplan + Crane at (708) 671-6858 at any hour of any day. Partner Ervin Nevitt has been admitted to practice in Illinois since 2014. The office is at 60 W Randolph St, Suite 333, Chicago, IL 60601.
If you need to talk with someone today, RAINN's hotline at 1-800-656-4673 is free, private and open 24/7. Dial 911 in an emergency. Using the hotline does not change your legal position.
Attorney advertising. The information here is general and is not legal advice.
