So there is a supervisor who is engaging in sexual harassment in Illinois and you are the one that he is harassing. What are the consequences regarding your legal rights and what are the consequences on the company. Under the Illinois Human Rights Act ("Act"), there is strict liability on the company and the supervisor if the supervisor engages in sexual harassment of an employee. That means the employee does not have to report the sexual harassment first and can file a complaint directly with the Illinois Department of Human Rights ("IDHR"). The IDHR will automatically cross-file with the Equal Employment Opportunity Commission ("EEOC").
What can you expect from the IDHR? They will conduct a thorough investigation and must complete the investigation within one-year. As long as you are alleging the conduct and it rises to the level of sexual harassment, the investigator cannot find a lack of substantial evidence because of the Cooper v. Salazar case. In that case the federal court held that the IDHR cannot make credibility of witnesses and therefore must find in favor of the person complaining if what they complain about rises to the level of sexual harassment under the Act.