Posted On: January 1, 2014

Am I The Victim Of Sexual Harassment If The Boss Is Having Sex With Another Employee?

Here is a question I get quite often in my Chicago office. What happens if the boss is having sex with another employee and she seems to be getting the best treatment at work? Does this make me the victim of sexual harassment? The short answer is yes it does. If the person is getting better treatment from the boss because she is having sex with him, the converse is true. You are getting worse treatment from the boss because you are not having sex with him. Another words, but for the sexual relationship, the boss might be giving you the better assignment, work hours or other good benefits.

So what are you suppose to do when this happens to you at work? You should document with actual evidence and contact an employment attorney. The attorney will probably file a complaint with the Illinois Department of Human Rights ("IDHR") on your behalf. The IDHR will investigate the complaint and issue a report either finding substantial evidence or lack thereof. At that point you can file a lawsuit directly in the local circuit court. If there is substantial evidence you can file with the Illinois Human Rights Commission ("IHRC") instead of the local circuit court.