“WHISTLEBLOWER” PROTECTIONS

Under both federal and Illinois state law, employees who report or complain about sexual harassment (whistleblowers) are protected from retaliation.

Federal Laws Protecting Reporters

Under Title VII of the Civil Rights Act of 1964, anyone who reports sexual harassment or opposes practices by their employer that are discriminatory on the basis of sex, who files a discrimination charge, or who testifies or participates in an investigation or litigatory process is protected from retaliation (EEOC, n.d.-f).

Illegal retaliation by employers includes:

  • Discrimination against the claiming individual
  • Firing the claiming individual
  • Demotion or stripping title, duties, or responsibilities
  • Threats against the claiming individual
  • Harassment

Illinois Laws Protecting Reporters

In Illinois, filing a report or complaint of sexual harassment is protected from retaliation under the Ethics Act (5 ILCS 430/50). The whistleblower law protects all employees, including at-will employees whose jobs can be terminated without cause.

Retaliation may consist of actions that deter persons from reporting wrongdoings in the workplace. Prohibited forms of retaliation include:

  • Demotion or termination of employment
  • Writing poor work performance evaluations that are undeserved
  • Requiring an undesirable transfer
  • Verbal or physical abuse
  • Spreading false rumors
  • Making work difficult for the employee

If an employer in Illinois is determined to have retaliated against an employee, the law requires that the employer reinstate the employee to their original or equivalent position, pay double their back pay with interest, reinstate all of their benefits and seniority, and pay all of their reasonable costs and attorney fees.