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Posted On: July 6, 2010 by Peter M. LaSorsa

Proving Your Sexual Harassment Lawsuit

The only thing worst than being subjected to sexual harassment and retaliation for either reporting the sexual harassment or rejected the advances is to not be able to prove your case and therefore be left holding the bag. It is very important to have either a witness or a tangile piece of evidence that will support your allegation. I won't spend much time on the witness because if you have one, that person can speak to what happened. One thing I would say about witnesses in general are that sometimes they are reluctant to come forward because they fear for their job. The point is, sometimes you think you have witnesses but when it comes right down to it, you won't.

The next best evidence are the words from the harasser. The best way to get his words are if he leaves a voice message or is he sends you a text or email. Remember in Illinois you can't record someone without their permission. On the other hand if the person leaves a voice message, he is consenting by leaving the message so saving his message is legal and you can utilize this at trial. If your harasser sends you a text message save it and get in touch with an attorney early on so he can show you how to properly save the text message for use later on. Your case will first be filed with the Illinois Department of Human Rights ("IDHR") or the Equal Employment Opportunity Commission ("EEOC") and 90% of all cases settle so there is a good chance you will never have a trial.

Evidence is just as important in settling your case. If you have strong evidence, the other side will be more likely to settle the case on favorable terms and for more money. Evidence is the key to securing a good settlement and if the case does go to trial, of securing victory.

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