Illinois Harassment Statute Summation
The general purpose of harassment laws in Illinois is to offer protection to individuals against unwanted or unwelcome behavior that may create an intimidating, hostile, or abusive environment. Harassment not only affects the target and their well-being but can also disrupt workplaces and other environments, affecting productivity and morale. Additionally, harassment, in its various forms, is a violation of their fundamental rights, warranting legal intervention.
By establishing various categories of unlawful harassment, Illinois law ensures that individuals subjected to such behavior can seek redress through legal means. For example, sex-based harassment laws protect against unwanted sexual advances and other forms of gender-based discrimination, while disability discrimination laws prohibit harassment based on an individual’s physical or mental disability. The same can be said for those laws that explicitly address age or citizenship status harassment. By clearly defining these categories of unlawful behavior , the state of Illinois enables victims to understand their rights and provides a clear avenue for seeking justice.
It is essential to note, however, that harassment laws in Illinois do not only apply to commonly understood behaviors. They also cover more subtle or indirect forms of harassment, including cyber harassment or harassment in electronically mediated contexts. This allows the law to provide a safety net for those who may not find protection under more traditional definitions of harassment.
Furthermore, harassment laws in Illinois make it illegal to tolerate or condone instances of such behavior. In situations that qualify as unlawful harassment, employers, educational institutions, and other organizations are obligated to investigate any claims and take appropriate actions to address the situation.
Forms of Harassment Acknowledged by Illinois Law
When it comes to harassment under the law, there are three different kinds that are recognized in Illinois. For example, there is workplace harassment, cyber harassment, and sexual harassment. Here we’ll take a deeper dive into all of them.
Workplace or Harassment in the Workplace
While people think of job harassment as a sexual titillation by a coworker or manager, the truth is that the harassment doesn’t have to be sexual in nature. It can be an unwanted comment or action. It could be that a coworker constantly berates you for your choice in clothing or perfume. Or it might be that they’re just trying to be mean.
If you know that the person has no cause to be upset with you, it would be considered harassment. After some time, that can add up and amount to a hostile working environment. This can include the way the used to be perceived when hostile work environments were recognized in the law. Of course, it’s not limited to a hostile environment. That was just one example of what harassment might be.
Harassment does not normally fall under the Fair Employment Practices Act because that is very specific to discrimination. It’s a type of discrimination but is rarely considered overt discrimination in other ways.
Sexual harassment is still the most common type of workplace harassment. According to the law, sexual harassment can be hostile work environment or quid pro quo sexual harassment.
The following are examples of hostile work environment harassment:
The following are examples of quid pro quo harassment:
If you’re unsure whether your situation would apply to workplace harassment laws, talk to an attorney.
Cyber Harassment
Cyber harassment is defined as repeated communications that are unsolicited. It’s considered a Class B misdemeanor, but the law does not have to be in effect for you to press charges. It can be considered harassment if it violates anti-stalking laws. They look at a patter, and if they continuously harass you in a way that qualifies as "cyberstalking" you would be qualified to press charges.
Cyber harassment is often considered to be more serious than using a phone, but that’s not necessarily true.
Sexual Harassment
While cases used to be required to include things like sexual remark, forced sexual contact, or physical touch, this is not the case anymore. The standard definition is "any unwanted advance, request for sexual favors, sexually explicit comment or gesture, or other verbal, non-verbal, or physical conduct of a sexual nature." This is pretty broad and leaves a lot up for interpretation.
This does not mean that your coworker asking to go out for a drink is harassment. Context matters too, and typically, authorities will look for a pattern. If it only happens once, it’s less likely to be harassment and more likely just a request.
Sexual harassment does not just occur in the workplace. It can be harassment against a partner. It can also be harassment in locker rooms, on the internet or through social media, on the telephone, and in public. What is required is that the behavior be unwanted and offensive.
If you feel that you’ve been subjected to any kind of harassment and feel the need to speak to someone, please contact us here.
Filing an Illinois Harassment Complaint
In Illinois, the process for filing a harassment complaint is generally straightforward. However, it may differ somewhat based on the type of harassment and the applicable laws. For example, sexual harassment and general harassment are subject to different rules, and different government agencies are responsible for monitoring different types of harassment. Victims of computer harassment and other forms of electronic harassment can file reports with local law enforcement or even file claims with the Federal Trade Commission (FTC). Victims of sexual harassment should report such violations to the U.S. Equal Employment Opportunity Commission (EEOC) or their state’s Fair Employment Practices Agency. Complaints of harassment in a school setting may be reported to the U.S. Department of Education or state departments of education. While complaints should be made to the appropriate state or federal agencies, victims may also file lawsuits directly in a criminal or civil court as well, though of course, in Illinois, those who suffer harassment at the workplace may also file a complaint with the state’s Department of Human Rights.
The first step if someone has been harassed is to file a formal complaint. The preferred order for doing so is to first file a complaint with the offender’s employer, then with the EEOC and then finally with the Illinois Human Rights Commission (IHRC). However, a victim should not allow this order of complaints prevent them from timely filing because failing to file a complaint within the appropriate deadlines can result in rights being lost. Additionally, depending on the type of harassment perpetrated, the first steps to addressing harassment may involve calling the police or reporting the incident to a privacy protection agency.
Legal Ramifications for Illinois Harassment Perpetrators
Depending on the severity of the actions, the Illinois statute gives only three classifications for harassment. There is a pet peeve discovery rule regarding harassment of a minor. This is in Section 10.5 of the Criminal Code, and it is clear that you don’t have to be a minor for the statute to apply. It says that if you are "at least 17 years of age and who is not an emancipated minor under the Emancipation of Minors Act," and harass a minor, you can be punished. Violations include: The penalty for misdemeanor harassment is up to 364 days in jail and a $2,500 fine. Penalties for aggravated harassment are greater, with a Class 4 felony bringing three years of probation or one to three years of imprisonment, and a fine of up to $25,000. Class 3 penalties are up to five years probation or two to five years’ imprisonment, and fines: up to $25,000, with a minimum of $500. The maximum penalties for aggravated harassment are up to six years of probation or three to six years of imprisonment, and $100,000 in fines. The imprisonment penalties get higher each time. A minimum of 180 days jail time is required for first time offenders of any severe aggravated harassment against minors. The minimum penalties get severe with subsequent offenses , and can include up to ten years in prison and a $100,000 fine. Subsequent aggravation will get you up to two years of probation or six to 12 years of jail time, and fines ranging from $5,000 to $100,000. When the offense is committed against a small child, the penalties are severe. First of all, it’s important to note the definition of a minor. In these cases, the term "minor" applies to anyone under 18 years old. Offenders who are 17 will face the same penalties as someone much older who harasses a minor. There are additional penalties when harassment is directed at a disabled person, older than 60, or a judicial participant/ public employee. Individuals who harass people older than 60 years of age will be penalized as an aggravated offense. The penalties are identical to the penalties for sexually harassing a minor. Harassing disabled individuals has even more stringent penalties. These are treated as a Class 3 felony, punishable by two to five years’ probation, two to five years’ prison, and a fine of $25,000, with a minimum of six months jail time. Finally, in Illinois, repeat sex harassment offenders will be served prison time no matter what.
Preventative Measures and Additional Resources
Preventive measures and resources
Of course, prevention is the best way to reduce the instances of harassment. Various local organizations are dedicated to ending harassment and providing legal help to potential victims.
For instance, the Illinois Department of Human Rights Administrative Law Section has a mediation unit for simple cases regarding discrimination and sexual, racial, or other types of harassment. The mediation process employs a neutral mediator, or third party, who acts as an intermediary between parties and helps them reach a mutually beneficial agreement. Often, victims are hesitant to engage with a mediator because they worry the process will not adequately result in justice. However, mediators will work to ensure the victim feels empowered, and victims have the right to terminate the mediation at any time.
If mediation does not work, victims can file a charge of discrimination with the Human Rights Bureau of the Illinois Department of Human Rights. Victims may also file a charge with the U.S. Equal Employment Opportunity Commission, especially if the discriminatory conduct occurred in more than one state. Filing a charge begins an administrative investigation into the alleged discriminatory conduct, which can take up to a year to complete. In rare circumstances, complainants may skip this step and file a civil lawsuit in court as the investigation may not have enough evidence to prove unlawful discrimination occurred.
Should the investigatory arm of the IEDHR uncover enough facts to show unlawful discrimination occurred, the agency will submit the findings of its investigation as recommendations in a report to the state or U.S. EEOC so that the victim can pursue a civil case in court. If the investigation demonstrates the alleged activity was not against the law, the investigation will be closed and the complainant will receive a "right to sue" letter that states the findings of the investigation and provides the complainant with the opportunity to pursue a private lawsuit.
Recent Updates and Case Examples
Over the last few years, Illinois has seen notable changes as to how sex crimes may be prosecuted, including a substantial change to the definition of criminal sexual assault. We’ve previously written about how some have emphasized the need for a change in how we handle allegations of sex crimes. In response to such calls, Illinois has put in place the Interagency Task Force on Sexual Assault Evidence Collection Kit Testing. This move will ensure that evidence in thousands of cold cases are sent to Illinois State Police for testing.
There have also been a couple notable changes to the stalking and stalking by the use of electronic communications laws in Illinois. Changes now allow prosecutors to charge an individual for stalking if they cause a reasonable person to fear for a third person’s personal safety . Under these changes, an individual charged with stalking can be ordered by courts to pay costs associated with the victim’s treatment, "relocation," or protection from the individual charged with stalking.
Recent case studies that have received statewide or local news coverage include a Vernon Hills business owner who was arrested following a report of a stalking incident. The business owner allegedly stalked an individual by placing a tracking device on the person’s car. Another notable incident occurred when an individual in West Dundee was charged with aggravated stalking after he violated a court order not to contact his ex-wife. The man was charged under new Illinois laws that expanded the stalking laws to include stalking by repeated calling, texting, social media, and other forms of communication.
