Understanding The Prohibition on Sexual Harassment

There are two types of harassment: “Quid Pro Quo” and Hostile Work Environment. 

This means “something for something”. It occurs when a manager or supervisor communicates to a subordinate that to receive a promotion, raise, preferred assignment, or other type of job benefit - or to avoid something negative like discipline or an unpleasant assignment - the subordinate must do or go along with something sexual in return.

Sexual harassment occurs when unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

To count as Hostile Work Environment harassment, the inappropriate conduct must be unwanted and severe or pervasive. Severe means the conduct was very serious or bad - for example, something humiliating or physically threatening.

Pervasive means the conduct happened often. Sexual harassment does not just mean requests to engage in sexual acts. It may include unwelcome physical acts like touching, hugging, or cornering; verbal conduct like sexual comments, jokes, questions, and teasing; and visuals like making sexual gestures or showing sexually suggestive pictures or videos. Sexual harassment does not have to be in person. It can involve activities online or through electronic media, even outside work. This can include unwanted or sexually suggestive or explicit contact by phone, text, or email, or through social media.

Sexual harassment is not limited to co-workers and supervisors. People who are not State employees, such as patrons, vendors, contractors, and delivery people, may come into the workplace or interact with employees. These people can be victims of sexual harassment, or they can commit sexual harassment. 

Any State employee who witnesses, is subject to, or becomes aware of sexual harassment should immediately report the incident. A report may be made to the employee’s supervisor, the employee’s Ethics Officer, the appropriate Office of the Executive Inspector General (OEIG), and/or the Illinois Department of Human Rights (IDHR). Amongst reporting methods, IDHR operates a helpline (1-877-236-7703) for reporting sexual harassment.

Any person who violates the Ethics Act prohibition on sexual harassment may be fined up to $5,000 per violation by the Executive Ethics Commission (EEC). Engaging in sexual harassment can result in proceedings before the Illinois Human Rights Commission or state or federal courts. The State of Illinois may also impose disciplinary action, up to and including discharge, for engaging in sexual harassment.

You can find your ethics officer right here on our website.

Visit the Sexual Harassment and Discrimination Helpline site for the helpline and additional resources.

All persons have a right to work in an environment free from sexual harassment. The State Officials and Employees Ethics Act and the Illinois Human Rights Act define sexual harassment as unwelcome sexual advances or requests for sexual favors or any conduct when:

• Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment; or
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
• Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

The term “working environment” is not limited to a physical location where an employee is assigned to perform his or her duties and does not require an employment relationship. 5 ILCS 430/5-65(b).

More information about the EEC, including links to the Ethics Act, other relevant laws and procedures, as well as resources for all employees can be found on our website. Every State agency is required to appoint an Ethics Officer. Ethics Officers are always available to discuss questions or concerns.

Find your agency’s Ethics Officer by visiting our website.

This publication is for general informational purposes only. It does not, and is not intended to, constitute legal advice.

Executive Ethics Commission Address:
401 South Spring Street
516 William Stratton Building
Springfield, IL 62706

Contact Us:

Website: https://EEC.Illinois.gov
Phone: (217) 558-1393
Fax: (217) 524-2041
Email: EEC@illinois.gov