What Can an Employee Do About Sexual Harassment?

Employment Discrimination Attorneys in Kane County

Those who have been victimized by sexual harassment often feel powerless to address the situation. Title VII of the Civil Rights Act of 1964 and other federal and state laws provide sexual harassment victims with the right to seek recourse. When sexual harassment is reported to an employer, the proper actions should be taken to address the behavior and prevent it from occurring in the future. If an employee is penalized for reporting sexual harassment, or if they experience wrongful termination, they may be able to file a lawsuit against their former employer and receive compensation for their financial losses and other forms of harm they have suffered. An experienced lawyer at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand what rights you have in these situations, and we can provide representation in sexual harassment claims and lawsuits.

Say Something

In some cases, a perpetrator of sexual harassment may not even realize that his or her behavior is offensive or inappropriate. By speaking up, you may be able to put a stop to the harassment quickly, just by bringing it to the offender's attention. If saying something does not resolve the issue, the offender will not be able to claim you never told him or her that there was a problem. Calling attention to inappropriate behavior can also protect others who may be experiencing similar issues, and it can ensure that the environment in your workplace will be welcoming to everyone.

Following Complaint Procedures

Your company may have specific policies in place for addressing potential concerns regarding sexual harassment. If your employer does have such policies, it is important to follow the procedures they provide. Talk to the designated person, such as a human resources representative, and utilize all appropriate avenues to ensure your matter gets the attention it deserves.

If there is not a specific sexual harassment policy at your workplace, you should bring your concerns to your immediate supervisor, as long as he or she is not the person who harassed you. In such cases, you may go to his or her superior. When a hostile environment is the problem, upper management needs to know about the issue.

Keeping a log of all relevant incidents can be extremely helpful to your case. When you report your concerns, you should write down who you told, when you told them, and what the response was. Sending a written or email summary of your complaint is also a good idea so that there is no question about your actions. Keeping copies of all emails, reports, or other forms of communication regarding the issue will be important, since it will show that you raised concerns about the issue and followed the correct procedures. If your employer fired or otherwise penalized you after you reported sexual harassment, your log and documentation can help you address any claims that these actions were taken in response to performance issues and show that you experienced illegal retaliation.

Filing a Discrimination Charge

If your company refuses to address or appropriately handle the situation, you may need to file a claim with the Illinois Department of Human Rights (IDHR). The IDHR is tasked with investigating and resolving claims of employment discrimination, including sexual harassment claims. You can consult with a skilled sexual harassment attorney to learn more about your options. A lawyer with experience in these cases can guide you through the process of filing claims or pursuing compensation for retaliation or other harm you have suffered.

Based on the outcome of the investigation, the IDHR may try to resolve your matter directly with the employer, or they may file a lawsuit on your behalf. Should the IDHR decide not to pursue your claim, you will be issued a "right to sue" notice, which means you can bring your case to court. Once you have been issued a "right to sue" notice, it is up to you to continue the fight. An experienced sexual harassment lawyer can help you seek reinstatement of your job, back pay or denied benefits, and monetary damages, as well as attorney's fees and court costs. In some cases, punitive damages may even be available.

Contact Our Kane County Sexual Harassment Lawyers

The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you determine if you qualify to file a sexual harassment claim or pursue a lawsuit against an employer to address wrongful termination or other forms of discrimination. We will provide you with dedicated representation, ensuring that your rights will be protected and that you will be properly compensated for your losses. Contact us today at 630-665-7300 for assistance.