Text Messages In A Sexual Harassment Lawsuit
In a sexual harassment case many times the person being harassed receives text messages that are sexual in nature. In many instances the person’s supervisor, or someone in authority is sending these messages. When the sexually suggestive text messages first start it puts the employee in a very awkward position. When they get the first text message they don’t know what to do. Should they immediately confront the harasser and jeopardize their job? Should they just text something back hoping the harasser will be satisfied with the response and let things go at that? There is no playbook to follow and it puts the employee in a very difficult position. A position they should not be in. This type of activity puts an employee in a hostile work environment and can cause a great deal of stress and anxiety. And the real issue is the supervisor has no business putting an employee in this position. Additionally, they company should do a better job training management so they realize they can’ do this to employees.
Once a sexual harassment complaint is filed with the Illinois Department of Human Rights (“IDHR”) the company will usually try to explain the inappropriate and sexual text messages as consensual. They do this because how else can they explain the boss sending sexual messages to an employee? It is too bad they take this approach and don’t instead admit some liability and try to resolve the case at this point. My Chicago office sees case after case of employers not owning up to the sexual harassment and instead either blaming the victim or trying to concoct some story about it being consensual. The good thing about Illinois law is that under the Illinois Human Rights Act a company has strict liability if the supervisor engages in sexual harassment. This means reporting this type of behavior to human resources isn’t required before liability attaches to the company. The bottom line for victims of sexual harassment is don’t be too concerned if you happen to have responded via text message to the person harassing you.
