Both federal and state laws prohibit sexual discrimination in the workplace, and sexual harassment is considered a type of sexual discrimination.

The victim can be a man or woman or the same sex as the violator, and the perpetrator may be any number of people in the workplace from a supervisor to a co-worker, customer or vendor.

The harassment can be verbal or physical. The Equal Employment Opportunity Commission (EEOC), which is the federal agency in charge of enforcing civil rights laws, defines sexual harassment as "unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions, or such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment."

In essence, there are two types of sexual harassment:

1. When submission to the harassment is used as the basis for employment decisions
2. When harassment creates an offensive work environment

To constitute harassment, the employee must show that the sexual advances were unwelcome - even if they ended up succumbing to the harassment.

Employees who believe they may be the victim of harassment should immediately inform their supervisor, or if the supervisor is the harasser, the supervisor's superiors. If there is a grievance procedure through a union, the employee should use it. Employees can also file a claim with the EEOC.

It is important for victims to keep a paper trail, detailing dates, times and places of the incidents as well as any witnesses present.

Employees who accuse employers of discrimination, and believe they were improperly punished through an unpaid leave or suspension, for example, may find it easier to show they suffered retaliation under a ruling issued in June 2006 by the U.S. Supreme Court. The justices ruled unanimously for the plaintiff in a case involving a factory worker who had accused a supervisor of sexual harassment and was suspended for more than a month, then re-assigned to more physically-challenging duties.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.