An employer in Illinois can be held legally responsible when one of its employees sexually abuses another person, even if the employer did not commit the abuse itself. Liability typically stems from the employer’s own failures, whether that means hiring someone without checking their background, ignoring warning signs once the person was on staff, or doing nothing after receiving complaints. In certain circumstances, Illinois law does not even require proof that the employer knew about the employee’s dangerous tendencies beforehand.
Since these cases can involve multiple legal theories, determining which apply to your situation is key to building a successful claim. Contact a Chicago sexual abuse attorney today for a free consultation to begin the path toward a financial recovery.
Does the Employer Need to Have Known About the Abuse in Advance?
Not always. For years, Illinois courts required victims to prove that an employer had prior knowledge of an employee’s harmful tendencies before the employer could be held liable. That changed significantly in 2019 when the Illinois Supreme Court issued its ruling in Doe v. Coe (2019 IL 123521).
In that case, the court drew a clear distinction between negligent hiring and negligent supervision. For a negligent hiring claim, the victim still needs to show that the employer knew or should have known about the employee’s unfitness at the time they were brought on. But for negligent supervision, the court held that prior notice is not an element of the claim. An employer that fails to adequately oversee an employee who then commits sexual abuse can face liability based on its supervisory failures alone.
This ruling was especially significant for employers that serve vulnerable populations, such as youth organizations, healthcare facilities, and schools. It means that a lack of prior complaints does not automatically shield an employer from a lawsuit.
How Does the Illinois Gender Violence Act Factor In?
The Illinois Gender Violence Act (740 ILCS 82) added another layer of accountability for employers. Under Section 11 of the Act, an employer can face liability for gender-related violence committed in the workplace when the conduct arises out of the course of employment.
Specifically, an employer may be on the hook if it:
- Failed to supervise, train, or monitor the employee who committed the abuse
- Received direct reports of similar behavior from a supervisor, manager, or designated contact and did not investigate or take corrective action
Victims who bring claims under this statute may recover actual damages, punitive damages, and attorney’s fees. Employers that can show they provided the sexual harassment prevention training required by the Illinois Human Rights Act may have an affirmative defense, but that does not guarantee immunity.
What Types of Damages Can Sexual Abuse Victims Pursue in Illinois?
A successful employer liability claim in Illinois can result in substantial financial recovery. Available damages may include:
- Medical costs tied to physical and psychological treatment
- Lost wages from missed work during recovery
- Compensation for pain and suffering as well as emotional trauma and its lasting effects
- Punitive damages in cases involving willful indifference or conscious disregard for the victim’s safety
Illinois courts have confirmed that punitive damages can be awarded in negligent hiring and supervision cases even when the employer lacked actual knowledge of the employee’s specific propensity.
Contact Meyers & Flowers for Help Holding a Negligent Employer Liable
If you or a loved one were sexually abused by an employee whose employer failed to act, Meyers & Flowers is here to help you take legal action. We’ve won billions of dollars for our clients so far across 100+ years of combined experience. Schedule a free consultation today by calling (630) 576-9696.