Sexual Harassment Training for Illinois Healthcare Professionals
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LEARNING OUTCOME AND OBJECTIVES: Upon completion of this continuing education course, you will demonstrate an understanding of sexual harassment and appropriate responses in the workplace. Specific learning objectives to address potential knowledge gaps include:
- Define sexual harassment according to the Illinois Human Rights Act.
- Identify examples of the types and forms of unlawful sexual harassment.
- Describe appropriate actions that a victim or witness to sexual harassment in the workplace may take.
- Explain how to report sexual harassment within one's place of employment and to outside entities.
- Discuss whistleblower protection laws for employees who report sexual harassment.
- Summarize the responsibilities of employers to prevent, investigate, and correct sexual harassment.
TABLE OF CONTENTS
- What Is Sexual Harassment?
- Forms of Sexual Harassment in the Workplace
- Responding to Sexual Harassment in the Workplace
- Reporting Employee Sexual Harassment to an Outside Entity
- Whistleblower Protections
- Employer Responsibilities Regarding Sexual Harassment
- Conclusion
- Resources
- References
WHAT IS SEXUAL HARASSMENT?
Sexual harassment of employees is a form of sexual discrimination that may occur in the workplace or with work-related individuals outside of the work environment. Sexual harassment is linked to power structures and positions the victim to either submit to the exploitation or to endure adverse conditions (Legal Voice, 2022).
Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Such harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general (EEOC, n.d.-e).
Both victim and harasser can be any gender. Although the majority of cases of sexual harassment are reported by female victims, in fiscal year 2021, the Equal Employment Opportunity Commission (EEOC, 2022) reported that 16.3% of sexual harassment charges were filed by males. The harasser can be the victim’s supervisor, a supervisor in another area, a coworker, or someone who is not an employee of the employer, such as a client or customer.
Illinois Definition of Sexual Harassment
The State of Illinois definition of sexual harassment is found in the Illinois Human Rights Act, as follows:
“Sexual harassment” means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
The code defines “working environment” as not limited to a physical location that an employee is assigned to perform their duties, and does not require an employment relationship (Illinois General Assembly, 2020).
Illinois Definition Versus Federal Definition
Under federal law, sexual harassment is considered a form of employment discrimination under Title VII of the Civil Rights Act of 1964, which states that it is unlawful to discriminate against a person because of that person’s sex (including sexual orientation, gender identity, and pregnancy). Title VII applies to employers of 15 or more workers; labor unions and organizations; employment agencies; and state, federal, and local government agencies.
Sexual harassment is conduct that is so frequent or severe that it creates a hostile or offensive work environment, interferes with performance at work, or results in an adverse employment decision. The law also protects job applicants, employees, and former employees from discrimination and from retaliation if they file a complaint about discrimination (Civil Rights Act, 1964).
The federal and the Illinois definitions are similar, but key distinctions are that the Illinois definition:
- Does not limit the working environment to the office building or institution
- Requires that all employers comply with sexual harassment laws regardless of the number of employees
- Includes nonemployees such as independent contractors and consultants
SEX DISCRIMINATION
The Supreme Court ruled on June 15, 2020, on a case involving the EEOC that sex discrimination includes discrimination based on sexual orientation or gender identity. The court’s ruling addresses Title VII, which states that an employer may not discriminate against an employee on the basis of sex, and interprets this law to include people who identify as homosexual or transgender (Bostock V. Clayton County, Georgia, 2020).