Sexual harassment attorney in Evanston.

Harassment can be one of the most isolating experiences of a working life. When you call Marrable Law, nobody decides what happened before you have finished telling it. Frances listens to the whole account first, then lays out your options in plain language.

What is workplace harassment?

Harassment is one form of discrimination. For the law to reach it, it usually has to be linked to a protected trait and be severe or pervasive enough to change the conditions of your work. A single serious incident, such as unwanted touching, can be enough. So can a steady pattern of comments, jokes, messages or exclusion. Sexual harassment also includes quid pro quo conduct, where job benefits are tied to going along with sexual advances.

Who can the harasser be?

Harassment can come from a manager, a coworker, a client or customer, or a person who does not work for your employer at all. It can happen away from the office or after hours: messages sent at night, conduct at an offsite event and online harassment can all count. Some state laws expressly cover harassment by nonemployees, which can give employees broader protection than federal law alone.

Which laws apply?

Title VII of the Civil Rights Act covers harassment under federal law for employers with 15 or more employees. Many state fair employment laws cover harassment by smaller employers too. A growing number of states limit how employers can use confidentiality and non-disparagement terms to keep harassment quiet, and some require annual harassment prevention training. Where harassment involves physical or sexual violence, other civil claims may also be available.

Should you report it internally?

Reporting to your employer is often an important step, because it gives the company a chance to act and can matter later if a claim is filed. It can also feel risky. Frances can help you decide how and when to report, what to put in writing, and how to protect yourself from retaliation afterwards. Punishment for reporting harassment or joining an investigation is itself unlawful.

What an employer is supposed to do

Once an employer knows or should know about harassment, it is generally expected to investigate promptly and take steps to stop it. Many states require employers to have a written harassment policy and to train employees, and some cities add their own rules. If your employer ignored a report, ran an investigation that went nowhere, or moved you instead of the harasser, that response can matter to a claim.

How to document what is happening

Write down each incident as soon as you can: the date, the place, what was said or done, and who saw it. Save texts, emails, chats and social media messages somewhere your employer does not control, as long as you are entitled to keep them. Note who you told and how the employer responded. Records made at the time are often more persuasive than memories months later.

Deadlines and timing

Harassment claims usually start with a charge at the EEOC or a state fair employment agency, and those have filing deadlines, generally 180 or 300 days for an EEOC charge, depending on the state. Ongoing harassment can affect how the timeline is counted, but waiting is rarely wise. If you are a student facing harassment at school, see Title IX and sexual misconduct in education.

Your choices, your decision

Some clients want the harassment to stop and to keep their job. Others want to leave on fair terms or to hold the employer accountable. Frances explains the options, including internal reporting, an agency charge, a negotiated resolution or a lawsuit, and the fee structure for each, so you can make the decision that fits your life and career.