Sexual harassment victims have the right to take legal action against an employer who failed to prevent or address sexual harassment. If you have been subjected to sexual harassment at work, you have the burden of proof to show that the facts that you are alleging in a sexual harassment case are true. Courts will pay close attention to the evidence that backs your claim. You can help your case when you have documentation that helps prove your allegations against the employer. Here are three ways that you can document a sexual harassment claim.
Keep a Journal While the Conduct Is Happening
You may be pressed on your memory of what happened if you need to sit for a deposition or testify at a trial in the future. You can help your case when you write down the conduct as soon as possible after it happens. Contemporaneous evidence could be considered more credible. Your journal entries should include things like the following:
- The dates and times of the incidents
- Where the incidents occurred
- Who was involved
- What was said or done
- Any potential witnesses to the conduct
- What you did as a result
You should make a journal entry whenever there is a new incident.
Save Any Proof in Your Possession
You may have emails, text messages, pictures or other evidence that can corroborate your allegations. If your employee records reveal retaliation, make sure to keep your own copy of them (you could be locked out of the system at any time). Keep all evidence you have and make copies whenever possible. Your story takes on even more credibility when there is proof to back it. Direct evidence is often the most helpful form of proof, especially when your case may feature two starkly different stories.
Document the Impact on You
You could be entitled to receive monetary damages if you win your case. These damages will compensate you for your own individualized experience. You have the right to be paid for how you have suffered personally, including the emotional distress and anxiety that you have suffered. You should detail how the wrongful conduct has affected you while it is occurring. In addition, you should consider seeking treatment from a mental health professional, both to help you deal with the harassment and to have necessary records when you need to prove your damages.
Contact a DuPage County Sexual Harassment Lawyer Today
If you have been victimized by sexual harassment in an Illinois workplace, you need legal help today. The Wheaton sexual harassment lawyers at MKFM Law will review your case and work with you on a legal strategy to deal with the harassment. To set up a consultation, call us today at 630-665-7300.