Evidence is critically important for a sexual harassment claim as it is for any type of civil complaint. Sexual harassment evidence would be the same type of evidence that a person would need to prove a civil complaint of any type.
They would need the testimony of witnesses who have seen the conduct that constituted the harassment. They would also want comparable evidence of the consequences of the conduct. A victim wants to prove that the harassment occurred as well as the consequences that they experienced.
They would want to be able to produce documents, e.g., office communications denying a promotion after the victim has refused to provide a sexual favor to a supervisor. They would need photos, videos and voice recordings, text messages and emails of the conduct that constitutes the harassment, if such items are available.
If the victim of harassment reports the harassment to the employer, as they should, they would want to document that report, i.e., the date, time and manner in which it was communicated and to whom. They would also want to document the nature of the response they received, whether their employer took remedial action in response to the complaint or whether they ignored it or responded with inadequate measures.
An individual who is the victim of sexual harassment in their place of employment wants to promptly start working to create a record of their experience through the items of evidence noted above.
The Illinois Human Rights Act (HRA) protects people from sexual harassment in the workplace. In a place of employment, any unwelcome sexual advances, requests for sexual favors or any other conduct of a sexual character is prohibited if either of the following is true:
- Quid Pro Quo Harassment: A person in authority makes agreeing to a sexual advance a condition of employment. Or, agreeing to or rejecting a request for a sexual favor is used as a basis for making decisions about an individual’s continued employment or receiving some other benefit, e.g., a promotion or a raise; or
- Hostile Work Environment Harassment: The sexual harassment interferes with an employee’s ability to do their job because it creates an intimidating, offensive or hostile work environment.
The Illinois HRA prohibits retaliation against a person who complains about sexual harassment. Retaliation would be any acts meant to deter or dissuade a person from filing a report or complaint of sexual harassment, or participating in an investigation conducted by the Illinois Department of Human Rights (DHR) or other comparable government agency.
Title VII of the 1964 Civil Rights Act (CRA), a federal law, prohibits sexual harassment as a form of discrimination in employment situations. When such harassment contributes to creating a hostile work environment or leads to negative consequences in terms of employment decisions, it violates federal anti-discrimination laws. Federal law also prohibits retaliation for complaining about sexual harassment.
Courts have found the following conduct to violate the federal CRA:
- Threatening sexual violence
- Touching that is unwanted, e.g., hugging, kissing, groping, fondling, or the like
- Asking a person questions about their sexual fantasies and sexual preferences
- Making lewd gestures
- Frequent joking of a sexual nature
- Using stereotypes about a person’s gender
- Using offensive or crude language, such as slurs based on a person’s gender
- Stalking, sending unwanted letters or notes, placing unwanted phone calls or emails, or repeatedly asking a person out on a date, even after that person has declined, or
- Spreading rumors in the workplace about a person’s sexuality or sex life.
In Illinois, if an individual thinks that they have been the victim of sexual harassment, one of their options is to file a complaint with the federal Equal Employment Opportunity Commission (EEOC). A complaint would spur an investigation and possible remedial action by the EEOC.
Sexual harassment laws enforced by the federal EEOC require a person to file a complaint with the EEOC before they can file a lawsuit for unlawful discrimination. However, the EEOC only handles complaints against employers who have 15 or more employees.
The Illinois Department of Human Rights (IDHR) is an Illinois state agency that accepts sexual harassment claims. The IDHR investigates workplace sexual harassment claims and can provide remedies.
Sexual harassment claims filed with the IDHR must be filed within 180 days of the sexual harassment. Illinois sexual harassment laws apply to businesses with from 1 to 14 employees, so victims of workplace sexual harassment who work for an employer with only 1 to 14 employees should file their sexual harassment claim with the IDHR and not the EEOC.
What Are the Elements of a Sexual Harassment Claim?
As noted above, there are typically two kinds of sexual harassment that can form the basis of a complaint. Workers subjected to unwanted advances and attempted sexual exploitation in exchange for positive treatment on the job may have experienced quid pro quo harassment. Workers who have to endure continual inappropriate comments or gender-based mistreatment from their coworkers may have endured a hostile work environment.
In a case of quid pro quo harassment, the victim would have to prove the request for sexual favors as well as the negative consequences they may have experienced for refusing the request.
In a hostile work environment case, the victim would have to prove conduct that was so severe and pervasive as to create a hostile environment. “Severe” refers to conduct that is serious in nature. For example, a physical assault can be sufficient to prove severity.
“Pervasive” means that the behavior is repeated persistently over time, so a person may have to deal with it every day when they go to work. The work environment becomes hostile. Courts consider all circumstances, including frequency, duration, the nature of the conduct, and whether it was physically threatening, humiliating, or interfered with the victim’s ability to do their job. Isolated or occasional minor incidents generally do not meet the standard.
Generally, a worker should first try to resolve the issue within their workplace. They should alert their employer to the issue. If the company fails to investigate what has happened or takes no action after receiving a complaint, then the worker is free to seek relief from the IDHR or the EEOC.
How Can I Prove a Sexual Harassment Claim Against a Supervisor?
Again, evidence is critical for making a case against a supervisor for sexual harassment in the workplace. As soon as an individual is subjected to harassing conduct, whether quid pro quo or hostile environment harassment, they would want to start thinking about evidence.
A legal consultation with an Illinois lawyer would help a person identify what kind of evidence they need and how they could go about locating it. A lawyer could advise them as to what evidence would be admissible in court and have the most value for proving one’s case.
An individual’s lawyer would be able to help a victim identify the type of harassment they have experienced. They would also be able to guide them through the legal process for getting relief.
How Can I Prove a Sexual Harassment Claim Against a Co-Worker or Other Individual in Illinois?
Again, the process for bringing a complaint against a co-worker would be the same as for a claim against a supervisor. The victim would have to prove that the harassing conduct occurred and what the consequences were, e.g., an intolerably hostile work environment was created by the continual harassment. They would want testimony of witnesses, documents, emails and text messages, photos, videos and voice recordings if they are available.
How Can I File a Work Sexual Harassment Claim in Illinois?
A person who wants to file harassment charges in Illinois has choices to make. As noted above, one option a person has is to file a complaint with the federal EEOC. In fact, if a person wants to rely on federal law to seek a remedy for the harassment they have suffered, they must file a complaint with the EEOC. They need the clearance of the EEOC to file a lawsuit in a civil court.
To file a complaint with the EEOC, the person must work with an employer that has 15 or more staff members. If that is the case, the person faces a deadline for filing a complaint with the EEOC of 180 days from the date of the last harassing act. The deadline is prolonged to 300 calendar days if the victim first turns to an Illinois state agency to enforce state law prohibiting sexual harassment in employment.
The Illinois Department of Human Rights (IDHR) is the Illinois state agency that handles sexual harassment claims in the state of Illinois. The IDHR also investigates workplace sexual harassment claims. A person must file a complaint of sexual harassment claims with the IDHR within 180 days of the sexual harassment.
Illinois sexual harassment laws applies to businesses with from 1 to 14 employees, so victims of workplace sexual harassment who work for a smaller employer should file their sexual harassment claims with the IDHR.
Do I Need To Hire a Lawyer if I Have a Workplace Sexual Harassment Claim in Illinois?
If you have faced quid pro quo or hostile environment harassment at your job, you want to talk to an Illinois sexual harassment lawyer. It is advisable to talk to a lawyer as soon as you experience the sexual harassment.
Your lawyer can help you identify the kind of evidence you need to prove your case. In addition, your lawyer will be able to advise you on how to approach your employer to complain. If complaining to your employer does not resolve the situation, your lawyer can guide you to the right agency to file a claim and help you navigate the legal system so that you get the relief you deserve.
