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Timeliness Of A Sexual Harassment Claim

Timeliness Of A Sexual Harassment Claim

There are a number of employees who will become the victim of sexual harassment in the workplace at some point in their careers because the problem of workplace sexual harassment is so prevalent in today’s society. Since people work so many hours and often with exposure to a limited number of other co-workers, sometimes a person behaves inappropriately towards a fellow co-worker. When the inappropriate behavior is sexual and harassing, the victim might have a claim of sexual harassment against their co-worker who is behaving inappropriately towards them.

Examples of Sexual Harassment

Sexual harassment can take many different forms. A some examples of sexual harassment include:

  • Being subjected to unwanted and unwelcome touching or groping.
  • Being subjected to unwanted and unwelcome sexual attention.
  • Being forced into dating or having sexual relations with a co-worker, manager or supervisor.
  • Being subjected to jokes or stories that are sexual in nature.
  • Being shown inappropriate and sexual photographs or other materials.
  • Being forced to go on work-related overnight trips.
  • Being retaliated against for complaining about sexual harassment in the workplace.

Like most causes of action, a workplace sexual harassment claim has a time frame in which it must be brought or else the claim is time-barred. This is sometimes referred to as a statute of limitations. For sexual harassment claims arising in Illinois, and other employment discrimination claims under Title VII of the Civil Rights Action of 1964, there are specific time limits in which a claim must be brought based on the number of workers the employee employs.

  • For businesses employing more than 15 employees, a sexual harassment claim must be filed within 300 days from when the sexual harassment occurred in Illinois. These claims are filed with the Equal Employment Opportunity Commission.
  • For businesses employing fewer than 15 employees, a sexual harassment claim must be filed within 180 days from when the sexual harassment occurred in Illinois. These claims are filed with the Illinois Department of Human Rights.

Victims of workplace sexual harassment need to take immediate action to putting a stop to the harassment that they endure. Waiting too long to say or do something can result in a time bar on the sexual harassment claim, meaning that the victim will never be able to seek justice on that particular sexual harassment claim. To say this another way, it would be impossible for a victim to bring a sexual harassment lawsuit if his or her claim is time barred. Statutes of limitations exist to instill a sense of fairness in our justice system. If victims want to take action against their harassers, then they must do so in a timely way.

Call Now For A Free Initial Consultation

The Law Office of Mitchell A. Kline has worked closely with many sexual harassment victims for the past twenty years and has helped these victims obtain justice. If you believe that you have been the victim of sexual harassment while you were in your workplace, you should reach out to us. Contact our Chicago, Illinois sexual harassment  lawyer today for a free consultation regarding your situation.

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