ILCS » Chapter 740 · Act 82
Illinois Compiled Statutes

740 ILCS 82/11 (2026)

Employer liability for an employee or agent

✓ current as of May 2026
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(740 ILCS 82/11)
    Sec. 11. Employer liability for an employee or agent.
    (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.
(Source: P.A. 103-282, eff. 1-1-24.)

    
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2026 · leading case: Doe v. TK Behavioral, LLC, 2026 IL App (1st) 251028 (Ill. App. Ct. 2026).
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Doe v. TK Behavioral, LLC, 2026 IL App (1st) 251028 (Ill. App. Ct. 2026). · cites it 4× “Counts VII and VIII alleged that defendants violated section 11 of the Gender Violence Act (Act) (740 ILCS 82/11 (West 2024)) by failing to properly train, monitor, or supervise Hampton or warn their patients of the risk posed by him, failing to take any action against Hampton…”
U.S. Equal Emp. Opportunity Comm'n v. Sis-Bro, Inc. (S.D. Ill. 2025). · cites it 2× “of the employer when the interaction giving rise to the gender- related violence arises out of and in the course of employment,” 740 ILCS 82/11(a), if the employer unreasonably “failed to supervise, train, or monitor the employee” or “failed to investigate complaints,” 740 ILCS…”
O'Neal v. Waste Mgmt. Inc (N.D. Ill. 2025). “Because the amendment only became effective January 1, 2024, see 740 ILCS 82/11, O’Neal must show that the IGVA’s employer-liability amendment applies retroactively, see generally Perry v.”
740 ILCS 82/11(a): 2 cases
Doe v. TK Behavioral, LLC, 2026 IL App (1st) 251028 (Ill. App. Ct. 2026). “Counts VII and VIII alleged that defendants violated section 11 of the Gender Violence Act (Act) (740 ILCS 82/11 (West 2024)) by failing to properly train, monitor, or supervise Hampton or warn their patients of the risk posed by him, failing to take any action against Hampton…”
U.S. Equal Emp. Opportunity Comm'n v. Sis-Bro, Inc. (S.D. Ill. 2025). “of the employer when the interaction giving rise to the gender- related violence arises out of and in the course of employment,” 740 ILCS 82/11(a), if the employer unreasonably “failed to supervise, train, or monitor the employee” or “failed to investigate complaints,” 740 ILCS…”
740 ILCS 82/11(b): 2 cases
U.S. Equal Emp. Opportunity Comm'n v. Sis-Bro, Inc. (S.D. Ill. 2025). “of the employer when the interaction giving rise to the gender- related violence arises out of and in the course of employment,” 740 ILCS 82/11(a), if the employer unreasonably “failed to supervise, train, or monitor the employee” or “failed to investigate complaints,” 740 ILCS…”
Doe v. TK Behavioral, LLC, 2026 IL App (1st) 251028 (Ill. App. Ct. 2026). “Counts VII and VIII alleged that defendants violated section 11 of the Gender Violence Act (Act) (740 ILCS 82/11 (West 2024)) by failing to properly train, monitor, or supervise Hampton or warn their patients of the risk posed by him, failing to take any action against Hampton…”
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