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The Key Thing You Should Do If You Are a Victim of Sexual Harassment Is to Memorialize It in Writing
DuPage County Lawyers Teach Best Practices for Sexual Harassment Lawsuits
Sexual harassment is a serious issue that affects people in multiple types of workplaces. It can take several forms, although it generally falls into one of two categories. Quid pro quo sexual harassment may be committed by a supervisor, manager, or someone else in a position of authority, and it involves requests for sexual favors in return for benefits or to avoid penalties. Hostile work environment sexual harassment may include any actions that affect a person's ability to do their job, including unwanted sexual advances, inappropriate comments, or other actions that make a person feel threatened or uncomfortable.
If you are a victim of sexual harassment at your workplace, the first and most important thing you can do is to document the harassment in order to help your case. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can explain the steps you can take to address sexual harassment, and we can help you determine how to respond following a wrongful termination for submitting a sexual harassment complaint.
Documenting Sexual Harassment
Our attorneys have helped various clients over the years who approach our team after they have already been terminated. One issue that often plays a role in these situations involves evidence that harassment occurred. In some cases, a person may have never documented any of the sexual harassment that they were subjected to. If the sexual harassment was not documented in writing, then the company would have no actual record that the sexual harassment occurred. One common mistake that sexual harassment victims make is to only document the sexual harassment in their personal journals. They may have never reported the harassment to their company's human resources department or to a supervisor. While a log detailing sexual harassment incidents can provide important information in a case, other forms of documentation and evidence will usually be necessary. Personal journals generally do not count as official documentation that can be used as evidence in a sexual harassment lawsuit.
In order to give yourself the best chance of getting the outcome you desire, you can send an email to HR or to your manager that describes your sexual harassment experience at work. Make sure the words "sexual harassment" are included in the email. A formal written complaint can actually protect your employment, because Illinois prohibits your your employer from terminating you for submitting sexual harassment complaints. By following your company's procedures for addressing sexual harassment, you can ensure that all proper documentation will be created and preserved.
If your company fails to take the proper actions to address harassment, prevent future incidents, and protect you and your coworkers from harm, you may need to take legal action to protect your rights under the law. If you were wrongfully terminated because you reported sexual harassment, you may be able to recover compensation for your financial and personal losses, or you may be reinstated to your former position.
Contact Our DuPage County Sexual Harassment Attorneys
It can be difficult to discuss your experience with workplace sexual harassment, and we understand this. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have helped many clients address these difficult issues. If you, or anyone you know, have any questions regarding what to do after experiencing sexual harassment at work, do not hesitate to call 630-665-7300 to schedule a consultation. You can also contact us online. We serve clients in Wheaton, Naperville, Oak Brook, and throughout Illinois.