Keep a Sexual Harassment Log to Maximize Your Chance of Winning a Discrimination Suit

 Posted on April 18,2018 in Main

Sexual harassment can be devastating for those victimized by it. If you are being treated inappropriately at work, you may feel embarrassed, helpless, angry, and unsure of how to respond. First and foremost, you should know that sexual harassment is never acceptable and that every person, regardless of gender or status, deserves to feel safe at work. If you are currently being sexually harassed, it is critical that you document every instance of harassment.

Sexual Harassment is Against the Law

Although some perpetrators claim otherwise, sexual harassment is against both local and federal law. Specifically, Title VII of the Civil Rights Act prohibits discrimination or harassment due to a person's sex. There are two types of sexual harassment according to the law. Quid pro quo harassment occurs when a superior encourages an employee to trade sexual favors for workplace perks or continued employment. Hostile workplace harassment includes unwelcome sexual advances, sexually-charged and offensive remarks, and inappropriate physical contact. In order to be considered illegal harassment, hostile workplace sexual harassment must be severe or pervasive enough to make the victim unable to complete his or her work.

Why Victims Should Keep a Harassment Log

Most sexual harassment lawsuits hinge on the victim and his or her attorney’s ability to demonstrate a pattern of inappropriate or harassing behavior. Because of this, documentation of the harassment is helpful. Recording information about day-by-day interactions and the workplace environment can help with your legal case against the harassing party. A sexual harassment log helps with the process of assembling information from an employer prior to trial. A sexual harassment log can also help victims of sexual harassment prepare to testify as they try to remember everything that occurred.

What to Include in Your Records

A workplace sexual harassment log can be digital or physical, but victims of sexual harassment should avoid using an employer-provided device to store information about the harassment. Each occurrence of sexual harassment should be recorded including the:

• Exact date and time the incident occurred;
• Where the incident happened;
• Description of what was said or done;
• Wrongdoer's name and title;
• Witnesses' names and titles; and
• Victim’s response to the harassment.

Accountable Illinois Employment Discrimination Attorneys

The Wheaton, Illinois sexual harassment attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC, have been battling workplace sexual harassment for years. Our compassionate lawyers strive to make our clients feel comfortable while also working aggressively to win their case. To speak with a member of the MKFM Law team, call 630-665-7300 today.

Sources:

https://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace-sexual-harassment/

https://www.eeoc.gov/laws/types/sexual_harassment.cfm