Why Timing Matters in a Sexual Harassment Case

 Posted on February 25, 2025 in Sexual Harassment

More than half of all employees surveyed stated they had witnessed inappropriate behavior in their workplace. In the EEOC's 2022 report, out of the 98,411 claims of workplace harassment, 28 percent were specifically for sexual harassment. A startling 72 percent of victims of sexual assault in the workplace do not report the assault, either because they fear it will adversely affect their career or because they have little faith in the claims process.

There are essentially two issues related to timing in a sexual harassment case. The first issue relates to the legal time limits victims of sexual harassment claims are given to file a case. The second issue is not as clearly defined but relates to timing as far as when an employee files a sexual harassment claim after being disciplined rather than filing it immediately after the harassment occurred.

This can lead to a sexual harassment claim being viewed as less believable than it otherwise would have been. Issues of timing can make a significant difference in the outcome of a sexual harassment claim, so it is important to speak to an experienced sexual harassment lawyer who can guide you through the process.

Does Timing Matter in a Workplace Sexual Harassment Case?

Sexual harassment claims in Illinois have time limits under which a claim must be brought. Under Illinois law, if you work for a company with at least one employee, the time frame to file with the Illinois Department of Human Rights was increased as of January 1, 2025, to two (2) years from when the last act of sexual harassment occurred. If the time has expired, the victim of sexual harassment in the workplace will be barred from filing a claim.

For businesses with at least 15 employees, a sexual harassment claim must be filed with the EEOC within 300 days from when the sexual harassment occurred.

Although these time limits are in place, the sooner a claim is filed after the sexual harassment has occurred, the better. The longer a victim of sexual harassment waits, the more likely witnesses to the incidents will have moved, or memories of the incidents will have faded.

What Steps Should Be Taken After Sexual Harassment in the Workplace?

The employee handbook at each place of employment will detail the internal process for reporting sexual harassment. This usually entails reporting the sexual harassment to a supervisor or to HR, who is then required to address the situation. If it is not adequately addressed, a sexual harassment claim can then be filed with the Illinois Department of Human Rights, which will then conduct an investigation.

Contact a DuPage County, IL Sexual Harassment Lawyer

If you are the victim of sexual harassment in the workplace, you should speak to a Wheaton, IL, sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC, who can help you determine the best course of action. When you choose MKFM Law, you are choosing legal advocates with extensive experience helping people in your situation. Call 630-665-7300 to schedule an initial attorney meeting.