Meeting the Burden of Proof in a Sexual Harassment Claim

 Posted on March 17, 2025 in Sexual Harassment

Sexual harassment in the workplace is a form of sex discrimination that violates Title VII. The EEOC received 27,291 charges alleging sexual harassment in the workplace between 2018 and 2021. About 78.2 percent of all sexual harassment charges in the workplace are filed by women.

While sexual harassment in the workplace adversely affects the lives of thousands of people in the United States each and every year, it is actually rarely reported. About 60 percent of women say they have experienced sexual harassment in the workplace (nine out of ten women in industries like the food service industry), yet only about 15 percent of women file a formal legal claim over incidences of sexual harassment, and 70 percent never even complain internally.

More often, those who are sexually harassed in the workplace will seek new employment or ask to be transferred within their current company. As much as sexual harassment in the workplace negatively affects the lives of thousands – possibly even hundreds of thousands – of people across the U.S., navigating a sexual harassment claim is more complex than many assume. It is important to speak to a knowledgeable Wheaton, IL sexual harassment attorney before deciding what you need to do.    

What is the Legal Burden of Proof for a Sexual Harassment Claim?

There are two types of sexual harassment claims in the workplace: quid pro quo and hostile work environment. Quid pro quo translates to "this for that," which indicates an exchange. When a manager, supervisor, or employer offers an employee a work-related benefit (a raise, bonus, or promotion) in exchange for sexual favors, this is quid pro quo. Quid pro quo can also apply when sexual favors are demanded to prevent an adverse work effect (firing, demotion, or a cut in hours or pay).

A hostile work environment means the sexual harassment is so severe that it creates an abusive work atmosphere. When co-workers or superiors constantly tell sexually offensive jokes, make sexual comments, engage in inappropriate touching or unwelcome sexual advances, or send sexually explicit emails or texts, a hostile work environment exists. This type of sexual harassment makes employees dread going to work and impacts their ability to perform their jobs.

Generally, there must be sufficient evidence to show a pattern of behavior; a single incident may not be enough to substantiate a hostile work environment claim of sexual harassment unless it is extreme. A person filing a sexual harassment claim must be able to show that:

• The victim was subjected to unwanted sexual conduct, whether quid pro quo or hostile work environment.

• His or her participation in requested sexual favors was a condition of receiving benefits related to the job or they were a condition to avoid adverse outcomes on the job.

• The harassment was a direct result of the victim’s gender.

• He or she was subject to unwelcome sexual advances or other conduct of a sexual nature.

• The harassment was severe enough to create a hostile work environment.

• The employer knew or should have known about the sexual harassment.

• The employer failed to enforce anti-sexual harassment policies in the workplace.

The court will determine whether the sexual harassment experienced by the individual would qualify as offensive to another reasonable person. Evidence to support a case of sexual harassment might include emails, text messages, social media messages, and phone records from the harasser, physical and mental health records of the victim, witnesses to the sexual harassment, or copies of complaints about the sexual harassment to supervisors, managers, human resources, or the owner or boss.

Contact a DuPage County, IL Sexual Harassment Lawyer

The best step in these situations is to contact a Wheaton, IL, sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC who can advise you about gathering evidence and reporting the harassment. When you choose a highly skilled attorney from MKFM Law, your future and your rights will be protected at every turn. Call 630-665-7300 to schedule an initial attorney meeting to discuss your situation.