Working in a restaurant or bar can be a fast-paced, high-pressure environment. Unfortunately, it can also be one where employees face a heightened risk of sexual assault and harassment. Illinois law recognizes that nobody should have to endure that kind of treatment at their place of employment, and so the state has put specific protections in place for workers in the food and beverage industry as a result.
Since Illinois law generally does not limit your ability to pursue legal action after workplace sexual assault, you may be entitled to substantial compensation in these circumstances. An experienced sexual assault attorney in Chicago can walk you through your options, but here is what you should know in the meantime.
Illinois Imposes Heightened Obligations on Restaurants and Bars
All Illinois employers are required to provide annual sexual harassment prevention training under the Illinois Human Rights Act (IHRA). However, restaurants and bars must go further. Per Section 2-110 of the IHRA, these establishments must also provide supplemental training that addresses harassment scenarios specific to the food service industry.
In addition to this training, every restaurant and bar in Illinois is required to maintain a written sexual harassment prevention policy. That policy must be provided to each new employee within their first calendar week on the job, and it must be available in both English and Spanish. If an employer fails to meet these requirements, it could face civil penalties from the Illinois Department of Human Rights (IDHR).
Employer Liability for Sexual Assault in the Workplace
Illinois holds employers accountable for sexual misconduct in the workplace in several important ways. Under the IHRA, the level of liability depends on who committed the harassment:
- If a manager or supervisor is responsible, the employer is strictly liable, even if it had no knowledge of the behavior
- If a non-supervisory coworker committed the assault, the employer can be held liable if it knew about the conduct and failed to take reasonable corrective action
- If a customer or patron is responsible, the same standard applies; management must act once it becomes aware of the problem
Separately, the Illinois Gender Violence Act (740 ILCS 82) provides victims of gender-related violence with an independent right to sue. This law applies in the workplace and can serve as an additional avenue for pursuing damages.
Can I Be Fired for Reporting Sexual Assault at Work?
No. Both Illinois and federal law strictly prohibit employers from retaliating against workers who report sexual assault. Retaliation goes well beyond outright termination and can include:
- Demotions
- Pay cuts
- Reduced hours
- Unfavorable schedule changes
- Hostile treatment from management
- Being passed over for promotions
If your employer punishes you in any way for coming forward, you may have a separate legal claim on top of the underlying assault. This protection applies whether you reported the misconduct internally, filed a charge with the IDHR, or cooperated with a law enforcement investigation.
Meyers & Flowers Can Help You Take Legal Action
If you’ve experienced sexual assault while working at a restaurant or bar in Illinois, both state and federal law provide meaningful protections and potential avenues for compensation. However, strict deadlines apply. You generally have two years to file a charge with the IDHR and either 180 or 300 days to file with the EEOC.
Contact an attorney with Meyers & Flowers today to get started with your case at (630) 576-9696. We’ll do everything in our power to help you make things right and put maximum compensation into your pocket.