Sexual Harassment in 2026
Sexual harassment continues to be as much a problem in the workplace in 2026 as it was 30 years ago. In 30 years of representing employees in employment discrimination and harassment cases, I have not seen significant improvement in the treatment of women at work.
Despite everything that came out of the “Me Too” movement, women are still afraid of retaliation for reporting sexual harassment. They have no confidence that human resources will do the right thing, particularly when the harasser is a member of senior management.
Sexual harassment occurs in every type of work environment, from blue collar job sites to executive offices. I have represented women who were sexually harassed in the one place you would think every employee would feel safe — a police department.
Illinois law protects more employees than federal law does
Illinois has strengthened protections for employees, and for victims of sexual harassment in particular.
Sexual harassment prevention training is now mandatory for all Illinois employers, regardless of the size of the company. In my experience, small employers — especially those with no human resources professional — can be among the worst offenders, because there is no one holding anyone accountable.
Those same employers often carry no insurance for these claims. They are surprised to learn that if they lose, they can be ordered to pay damages to the employee and the employee’s attorney’s fees, on top of what they have already spent defending the case.
This is where Illinois law matters. Title VII, the federal statute, generally does not reach employers with fewer than 15 employees. The Illinois Human Rights Act applies to every Illinois employer, regardless of how few people it employs. If you work for a company of three people, you are still protected.
How a claim actually proceeds
An employee who has been harassed or discriminated against files a charge with the Illinois Department of Human Rights, which has offices in Chicago and Springfield. Charges can currently be filed remotely with the assistance of an investigator.
You do not need a lawyer to file a charge. It is still in your interest to speak with one first. Too many times I have been asked to get involved in a case after the charges were filed by the client and important information was left out of the charges.
After the Department completes its investigation, you have a choice: have your case heard before an administrative law judge at the Illinois Human Rights Commission, or file a complaint in Circuit Court. You will want an experienced lawyer beside you by the time you reach that decision.
Do not wait
Too often I am not contacted until after the employee has already quit, because she could not take it any longer. I am regularly shocked at how long some women endure harassment before they leave.
Every employment claim has a filing deadline, and the deadlines are not the same under state and federal law.
Federal claims. A charge with the EEOC generally must be filed within 300 days of the discriminatory act.
Illinois claims. Since January 1, 2025, a charge with the Illinois Department of Human Rights generally must be filed within two years of the alleged violation. Public Act 103‑0973 extended the prior 300‑day period.
Which deadline governs your situation depends on the facts and on which claims you have. Do not assume the shortest one applies — and do not assume the longest one does either. Ask.
If you wait too long, your right to hold the employer accountable can be lost permanently. There is no fixing a missed deadline afterward.
Take the first step
The harassment will not stop until you report it. But you do not have to go it alone.
Before you quit, before you sign anything, and before a deadline runs, call for a free consultation and find out what your rights actually are.
Related: Employment law · Employment law FAQ · Verdicts & settlements
This page is general information about Illinois and federal law, not legal advice, and it does not create an attorney-client relationship.
Prior results do not guarantee a similar outcome. The verdicts and settlements described are examples of cases handled by this office. Every case is different, and the outcome of any particular case depends on its own facts, the applicable law, the venue, and the insurance coverage available. Amounts shown are gross recoveries before deduction of attorney's fees, litigation costs, and any medical or insurance liens.