How Do You Prove Your Sexual Harassment Case?
So you are at work minding your own business and another worker or supervisor starts to engage in sexual harassment. What are you going to do to stop it? If you come forward and complain to human resources and the other person deny's it will your complaint end there? These are all good questions and issues to consider when trying to decide what to do if you are the victim of sexual harassment at work. So what types of evidence may you utilize to prove you are being sexually harassed? Well there are the obvious ones like text messages, email and voice messages. The problem is many times the person doing the harassment doesn't leave this type of evidence. To make matters worse, sometimes the sexual harassment takes place one-on-one and there are no witnesses. So how can you prove you are being harassed? How can you prove the creation of a hostile work environment?
Well one technique is to send an email or text to the person doing the sexual harassment memorializing what was said and see what type of response you get. For example you can text, do you really want to go out with me for dinner and perhaps more? If the person responds yes, you have proof that he said that to you in person. If the person doesn't respond, you have circumstantial evidence that something is going on, because the person didn't deny the message. This is just one technique that can help you become successful if you go forward with your sexual harassment complaint. If you do go forward you can file with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC"). By the way if you file with the IDHR they automatically cross-file with the EEOC.