Illinois Supreme Court Applies Strict Liability to All Workplace Sexual Harassment By Supervisors

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On April 16, 2009, the Illinois Supreme Court issued its decision in Sangamon County Sheriff's Department v. Illinois Human Rights Commission, Nos. 105517, 105518 cons. The court decided, by a 4-2 margin with one justice abstaining, that an Illinois employer is strictly liable for sexual harassment committed by any supervisory or management employee, even where the harasser had no supervisory authority over the complainant and had no authority to affect the terms and conditions of the complainant's employment.

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