Sec. 11. Employer liability for an employee or agent.

292 words·~1 min read·/il/chapter-740/act-82/11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An employer is only liable for gender-related violence committed in the workplace by an employee or agent of the employer when the interaction giving rise to the gender-related violence arises out of and in the course of employment with the employer. Liability only extends to gender-related violence that occurs:

(i)while the employee was directly performing the employee's job duties and the gender-related violence was the proximate cause of the injury; or

(ii)while the agent of the employer was directly involved in the gender-related violence and the performance of the contracted work was the proximate cause of the injury. Proximate cause exists when the actions of the employee or the agent of the employer were a substantial factor in causing the injury.

An employer is liable if the employer has acted in a manner inconsistent with how a reasonable person would act under similar circumstances.

(b)Notwithstanding subsection (a), an employer is only liable for gender-related violence if the employer:

(1)failed to supervise, train, or monitor the employee who engaged in the

gender-related violence. An employer providing training pursuant to Section 2-109 of the Illinois Human Rights Act shall have an affirmative defense that adequate training was provided to the employee; or

(2)failed to investigate complaints or reports directly provided to a supervisor,

manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports.

(c)Nothing in this Act precludes a person who has been the victim of gender-related violence from pursuing any other right or cause of action created by statute or common law.