REPORTING EMPLOYEE SEXUAL HARASSMENT TO AN OUTSIDE ENTITY
While it is recommended that all employers have in place policies and a mechanism for reporting sexual harassment to outside entities, it is not always the case that they do. Employees who believe they have been the victim of sexual harassment at the workplace have the right to file a charge of sex discrimination with the Equal Opportunity Employment Commission (EEOC) and/or the appropriate Illinois state agency to complain about the harassment.
Employees who work for a private business that employs fewer than 15 people must file their charge with the Illinois Department of Human Rights (IDHR). IDHR will investigate charges of sexual harassment if there is a single employee. If the workplace has 15 or more employees, the employee may file claims with either the IDHR or the EEOC.
(For public sector employees, see “Public Sector Employment” below.)
Reporting to the EEOC
The EEOC receives charges of discrimination (sexual harassment) from employees whose workplace consists of 15 or more workers; labor unions and organizations; employment agencies; and state, federal, and local government agencies, as described in Title VII of the Civil Rights Act of 1964.
A charge of discrimination is a signed statement asserting that an organization engaged in employment discrimination. In general, a charge must be filed within 180 calendar days from the day the discrimination took place (or 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis). It is best to file as soon as possible.
A charge of discrimination can be completed online, in person, or by mail:
- Online. The EEOC’s Public Portal asks a few questions to help determine whether the EEOC is the right federal agency to handle a complaint and to begin the filing process.
- In person at an EEOC Office. Appointments can be scheduled online or by walk-in. An in-person interview with an EEOC staff member is recommended as the best way to assess any sex discrimination and determine whether filing a charge of discrimination is the appropriate path. It is helpful to bring any information that will help EEOC staff understand the case as well as names and contact information for other people who know about what happened.
- By mail. A charge can be filed by sending a letter that includes information on the person filing, their contact information, a description of the harassment, when it took place, and other details. The EEOC will review the letter and respond as needed for more information.
EEOC does not take charges over the phone, but an individual can call 800-669-4000 to discuss their situation and for an explanation on how to file a charge.
Federal employees and applicants for federal jobs have a different complaint process and generally must contact an agency EEOC counselor within 45 days (EEOC, n.d.-d).
(For more details on reporting sexual harassment to the EEOC, see also “Resources” at the end of this course.)
SUING AN EMPLOYER OR HARASSER
The Civil Rights Act of 1964 also allows victims and witnesses of sexual harassment in the workplace to file a lawsuit against the employer and/or harasser. The victims can request a right to sue letter from the EEOC and then file a lawsuit in the state and federal courts with this letter (U.S. EEOC, n.d.-a).
Reporting in Illinois
The Illinois Department of Human Rights (IDHR) is the state agency responsible for enforcing the Illinois Human Rights Act and addressing instances of sexual harassment (IDHR, 2023).
PRIVATE SECTOR EMPLOYMENT
Individuals who have been sexually harassed may contact the Illinois Department of Human Rights and initiate a discrimination charge by phone, fax, email, mail, or in person within 300 days of the date of the offense. All IDHR investigations are confidential during the investigation, and the identity of witnesses may also be kept confidential upon request per the Human Rights Act (775 ILCS 5/1 et seq.).
In response to a revision of the Human Rights Act in 2018, the State of Illinois set up a helpline to simplify reporting sexual harassment. The Sexual Harassment and Discrimination Helpline (877-236-7703) is open Monday through Friday from 8:30 a.m. to 5:00 p.m. Callers are given options of how to report, including requesting a call-back from the agency or filing a report anonymously. The caller is also offered resources, including legal assistance and counseling, and any information given to the call center is confidential and protected by the Freedom of Information Act (IL SHDH, 2023).
PUBLIC SECTOR EMPLOYMENT
Persons who work in the public sector must pursue an investigation by an Ethics Officer in addition to that of the IDHR because these investigations are conducted separately. To file a report, the victim should contact the IDHR and also report the incident in at least one of the following ways:
- Contact their agency’s Ethics Officer (EO). All state agencies in Illinois have a designated EO who can assist the employee with making a report as part of an internal process.
- Contact the Office of the Executive Inspector General (OEIG). The OEIG has the authority to conduct an investigation as an external process outside of the agency where the harassment occurred. The OEIG maintains the confidentiality of anyone who reports sexual harassment under the State Officials and Employees Ethics Act (5 ILCS 430/1 et seq.).
- Contact the Office of the Legislative Inspector General (OLIG). The OLIG investigates reports of sexual harassment that occur within entities of the Illinois legislature. Like the OEIG, it is an external process and maintains confidentiality under the State Officials and Employees Ethics Act (5 ILCS 430/1 et seq.).
(IL SHDH, 2023)
(See also “Resources” at the end of this course.)
VICTIM RELUCTANCE TO REPORTING
Many victims of sexual harassment delay reporting or choose not to report at all, and sexual harassment is thought to be underreported among clinicians, with multiple factors contributing to the reluctance to report. These include:
- Lack of knowledge of how to report and what situations may be reported
- Lack of trust in the authorities
- Lack of proof of the incident
- Minimization of the incident by the employee
- Fear of negative repercussions, including damage to one’s reputation
In addition, human response to trauma includes fight, flight, freeze, and fawn. When this response is applied to sexual harassment in the workplace, an employee who “fights” is the employee who shares the situation and files a complaint. The employee whose response is “flight” may change jobs, transfer, or resign. The “freeze” response includes someone who does nothing and suffers in silence. Appeasement of the perpetrator, assuming the role of a silent bystander, or maintaining a relationship with the harasser are examples of “fawning.”
(Women in Global Health, 2022)