In the context of workplace sexual abuse in Illinois, the person who committed the act is not always the only one at fault. If an employer failed to properly screen a job candidate before bringing them on board, the company itself may be held legally responsible for the harm that followed.
Illinois courts have long recognized that employers owe a duty of care when it comes to whom they hire. That duty becomes critical in roles where employees work closely with others and hold positions of authority.
If you have experienced workplace sexual abuse involving negligent hiring, consulting with a qualified Chicago sexual abuse lawyer can be an important first step. Call Meyers & Flowers at (630) 576-9696 to schedule your free consultation today.
How Illinois Law Defines Negligent Hiring
Under Illinois common law, negligent hiring is a claim that holds an employer directly liable when an unfit employee causes harm. To succeed in this type of case, the injured person generally needs to show the following:
- The employer knew or should have known about the employee’s unfitness for the role
- That unfitness created a foreseeable risk of harm to others
- The employer’s failure to investigate the employee’s background was a contributing cause of the injury
- The injured person suffered actual damages as a result
The Illinois Supreme Court affirmed this framework in Geise v. Phoenix Co., establishing that employers can be sued for both negligent hiring and negligent retention when they place or keep a dangerous individual in a position to cause harm.
Employer Accountability Under the Illinois Gender Violence Act
Illinois provides an additional legal tool for victims of workplace sexual abuse in addition to common law claims. The Illinois Gender Violence Act (740 ILCS 82) now explicitly extends liability to employers in certain situations.
Under this amendment, an employer can be held responsible if it failed to properly supervise or train the employee who committed the abuse. Liability also applies when the employer ignored complaints about similar behavior and did not take corrective action. Victims may seek actual damages, punitive damages, and attorney’s fees through this statute.
Steps To Take If You Were Sexually Abused at Work
If you experienced sexual abuse in the workplace, protecting your well-being and your legal rights should be the priority. Consider the following actions:
- Report the abuse to a supervisor or human resources department as soon as possible. Document the date and details of your report.
- Seek medical attention right away, even if your injuries are not immediately visible. Medical records can serve as important evidence later.
- Save any relevant communications, such as text messages or emails, that relate to the incident or your report.
- Avoid signing any agreements or making recorded statements to your employer’s legal team without first speaking to an attorney.
An experienced attorney can evaluate your situation during a free consultation and help determine the best path forward.
Contact an Illinois Workplace Sexual Abuse Attorney for a Free Consultation
Employers in Illinois have a legal obligation to exercise reasonable care when hiring. In circumstances where they fall short of that duty and someone is harmed as a result, the law allows victims to hold them accountable.
If you have been affected by workplace sexual abuse tied to negligent hiring, reaching out to a qualified attorney is an important first step. Contact Meyers & Flowers today for a free consultation at (630) 576-9696. We’ve won billions of dollars for our clients and will make your case our priority from the start.