No one goes to work expecting to become a victim of sexual violence. When it happens, the betrayal runs deeper than the assault itself, because the workplace that was supposed to be safe became the place where you were harmed.
The Chicago workplace sexual assault lawyers at Greenberg Gross LLP represent survivors who are ready to hold both the perpetrator and the employer accountable through civil litigation. Our attorneys pursue claims under the Illinois Gender Violence Act, the Illinois Human Rights Act, and federal law in Cook County courts and the Northern District of Illinois.
If you experienced sexual assault at work, call (312) 820-3050 for a confidential conversation about your legal options.
Start your journey towards justice today by scheduling your free claim consultation
Why Survivors Trust Greenberg Gross LLP with Workplace Sexual Assault Cases
Greenberg Gross LLP approaches every sexual assault case with both legal precision and genuine compassion for the survivor's experience. Our founding attorneys left a global litigation firm to build a law firm dedicated to high-stakes advocacy, and representing survivors of sexual violence is a core part of our mission.
A Firm Built Around Survivor Advocacy
Our attorneys have recovered millions of dollars for survivors of sexual abuse and assault in claims against individuals and institutions alike. A $6.4 million settlement against a school district and a $3.75 million recovery against LAUSD reflect our willingness to take on powerful institutions when they fail to protect the people in their care.
Past results do not guarantee future outcomes. We also operate FightForSurvivors.com as a dedicated resource for survivors exploring their legal options.
Trial Preparation That Creates Leverage
Every case we accept receives the preparation of a case heading to verdict. Our team develops the evidence, prepares witnesses, and builds trial strategy from the very beginning of representation. That level of investment creates real pressure on defendants during settlement negotiations and positions our clients for the strongest possible outcome at trial.
Confidential, Compassionate Representation
We understand that coming forward about workplace sexual assault takes courage. Our intake process prioritizes your privacy, and our attorneys communicate with sensitivity throughout the legal process. Greenberg Gross handles these cases across multiple states, with offices in California, Nevada, New York, Philadelphia, Massachusetts, Illinois, and New Jersey, and brings the full weight of a nationally recognized litigation team to your claim.
What Legal Claims Arise from Workplace Sexual Assault in Illinois?
Survivors of workplace sexual assault in Chicago may pursue several distinct legal claims, each governed by different statutes and offering different remedies. These claims may target both the individual who committed the assault and the employer whose failures made it possible.
Claims Under the Illinois Gender Violence Act
The Illinois Gender Violence Act (740 ILCS 82) creates a civil cause of action for any person subjected to gender-related violence, defined as physical aggression or sexual intrusion committed at least in part on the basis of sex.
Since January 2024, the Act explicitly extends liability to employers whose employees or agents commit gender-related violence in the workplace. Employers face liability under two specific circumstances outlined in the amended statute.
- The employer failed to supervise, train, or monitor the employee who committed the gender-related violence
- The employer failed to investigate complaints or reports of similar conduct by the same employee and failed to take corrective action in response
Employers who provide harassment training under the Illinois Human Rights Act have an affirmative defense available to them, but that defense only applies to the failure-to-train prong.
When an employer ignores direct complaints and takes no remedial steps, the Gender Violence Act holds that employer directly responsible. The statute of limitations for claims against employers under this Act is four years.
Sexual Harassment and Assault Under the Illinois Human Rights Act
The Illinois Human Rights Act (775 ILCS 5/) treats sexual assault in the workplace as an extreme form of sexual harassment, which is itself a form of sex discrimination. Employees have two years to file a charge with the Illinois Department of Human Rights (IDHR). The IHRA applies to every Illinois employer with one or more employees, providing a broader reach than federal law.
Federal Claims Under Title VII
Title VII of the Civil Rights Act of 1964 also prohibits sexual harassment, including sexual assault, in workplaces with 15 or more employees. Employees must file a charge with the EEOC within 300 days of the assault. Federal claims may be pursued alongside state and local claims.
When Is an Employer Liable for Workplace Sexual Assault in Chicago?
An employer in Illinois may face civil liability for workplace sexual assault even though the employer did not commit the assault itself. Employer liability turns on whether the organization failed in its duty to prevent, address, or respond to the threat of violence in its workplace.
Negligent Supervision and Hiring
Illinois courts recognize claims based on an employer's failure to properly screen, supervise, or monitor employees who pose a risk of harm. If an employer hired someone with a known history of violent or predatory behavior, or ignored signs that an employee presented a danger to coworkers, the employer's negligence may form the basis of a separate claim.
Failure to Investigate and Respond
The amended Gender Violence Act places specific emphasis on employers who receive complaints about an employee's conduct and fail to investigate or take corrective action. When survivors or coworkers report warning signs and the employer does nothing, every subsequent assault by that employee strengthens the case against the organization.
A March 2026 Illinois Appellate Court decision reinforced this principle, holding that employer liability attaches when institutions fail to act on complaints of gender-related violence by their employees.
Respondeat Superior and Agency
Under traditional tort law principles, employers may also face liability for assaults committed by employees acting within the scope of their employment or using their position of authority to commit the assault.
Supervisors, managers, and others with power over the survivor's work conditions create heightened exposure for the employer when they use that authority to facilitate sexual violence.
The law recognizes that workplace sexual assault is not simply a dispute between two individuals. When an employer creates the conditions that allow it to occur, the organization shares in the accountability.
What Compensation May Survivors Recover in a Chicago Workplace Sexual Assault Case?
Survivors who bring civil claims for workplace sexual assault in Illinois may recover damages that reflect both the tangible and intangible harm they experienced. The specific categories of recovery depend on which legal claims apply and whether the case proceeds against the individual, the employer, or both.
Categories of Recoverable Damages
Civil claims for workplace sexual assault in Illinois courts may yield several forms of compensation, and filing under multiple statutes often broadens the total recovery available.
- Actual damages covering medical treatment, therapy, counseling, and related healthcare costs
- Lost wages, lost benefits, and diminished earning capacity resulting from the assault and any related job loss
- Emotional distress damages reflecting the psychological impact of the assault, including anxiety, depression, PTSD, and related conditions
- Punitive damages in cases where the perpetrator or employer acted with willful disregard for the survivor's safety and rights
- Attorney's fees and court costs, which Illinois statutes allow in Gender Violence Act and IHRA claims
No two cases produce identical outcomes, and the value of any claim depends on the specific facts and evidence involved. Civil litigation gives survivors a path to compensation that the criminal justice system does not provide, and pursuing both avenues simultaneously is an option under Illinois law.
We can help assess the strength of your case
How Do Filing Deadlines Work for Workplace Sexual Assault Claims in Illinois?
Filing deadlines for workplace sexual assault claims in Illinois vary depending on the legal theory and the statute involved. Missing any of these deadlines may permanently close off a path to recovery, which is why contacting a Chicago workplace sexual assault lawyer early protects the widest range of options.
Statute of Limitations by Claim Type
Multiple deadlines run simultaneously for survivors of workplace sexual assault, and each one governs a different type of legal claim.
- Gender Violence Act claims against employers must be filed within four years of the assault
- Gender Violence Act claims against the individual perpetrator carry a seven-year filing window
- Illinois Human Rights Act charges must be filed with the IDHR within two years
- Title VII charges must be filed with the EEOC within 300 days
- General personal injury claims in Illinois carry a two-year statute of limitations under 735 ILCS 5/13-202
- Civil claims tied to criminal sexual assault convictions classified as Class X felonies have no filing deadline
These deadlines run from different starting points and under different rules, which means survivors may still have viable claims under one statute even if the window has closed under another. Acting quickly protects the broadest set of legal options.
Ask Greenberg Gross
Do I have to report the assault to police before I file a civil lawsuit?
No. Criminal charges and civil lawsuits are separate legal processes in Illinois. You may pursue a civil claim for workplace sexual assault without ever filing a police report or cooperating with a criminal investigation. A civil case uses a lower standard of proof than a criminal prosecution, and many survivors choose to pursue only the civil path. Your attorney at Greenberg Gross LLP discusses all of your options during a confidential consultation.
What if the assault happened months ago and I did not report it right away?
Delayed reporting is common among survivors of sexual assault and does not prevent you from filing a civil claim. Illinois law provides filing windows ranging from two to seven years depending on the type of claim, and some claims tied to felony convictions carry no deadline at all. The sooner you speak with an attorney, the more options remain available to you.
What if my employer fires me after I report the assault?
Firing an employee for reporting sexual assault constitutes retaliation, and both Illinois and federal law prohibit it. You may have additional claims for wrongful termination and retaliation on top of your underlying sexual assault claim. These retaliatory actions often strengthen a survivor's case by demonstrating that the employer prioritized self-protection over the safety and rights of its employees.
FAQs for Chicago Workplace Sexual Assault Lawyers
What is the difference between sexual harassment and sexual assault at work?
Sexual assault involves physical contact of a sexual nature without consent, while sexual harassment includes a broader range of unwelcome sexual conduct such as comments, demands, or hostile environment behavior. Sexual assault at work gives rise to claims under the Illinois Gender Violence Act, the IHRA, and personal injury law in addition to standard harassment claims.
What if my employer says they did not know about the assault?
An employer's claimed lack of knowledge does not automatically protect it from liability. Under the amended Gender Violence Act, employers face liability when they fail to train or supervise employees, or when they fail to investigate prior complaints of similar conduct by the same individual.
Do I have to go to trial for a workplace sexual assault case?
Most workplace sexual assault civil cases settle before trial through negotiation or mediation. However, having a litigation team that prepares every case for a jury verdict creates stronger leverage during settlement discussions and produces better outcomes for survivors.
What if the person who assaulted me no longer works at the company?
Your claims remain valid regardless of whether the perpetrator still works for the employer. You may pursue claims against the individual personally, and the employer's liability for negligent supervision, failure to investigate, or Gender Violence Act violations is based on its own conduct, not its current workforce.
What if I signed a nondisclosure agreement or arbitration clause?
Federal and Illinois law both restrict the enforceability of NDAs and mandatory arbitration clauses in sexual assault and harassment cases. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act voids pre-dispute arbitration agreements for these claims. An attorney reviews your specific agreement to determine whether it applies.
Take the Next Step with Chicago Workplace Sexual Assault Lawyers Who Stand with Survivors
You did not choose what happened to you, but you do get to choose what happens next. Illinois law provides survivors of workplace sexual assault with powerful tools to seek accountability and compensation from both the person who committed the assault and the employer that let it happen. Those legal protections exist because the legislature recognized that survivors who come forward deserve a system that supports them, not one that silences them.
Greenberg Gross LLP has dedicated a significant part of its practice to fighting for survivors of sexual abuse and assault. Our attorneys have recovered millions in cases against individuals and institutions, and we treat every survivor's case with the seriousness, preparation, and compassion it demands. Past results do not guarantee future outcomes.
Call (312) 820-3050 today for a confidential conversation with a Chicago workplace sexual assault lawyer at Greenberg Gross LLP.