Legal Question in Sexual Harassment in Illinois
His Word against Mine
I was sexually harassed at work. My manager kissed my neck, hugged me, and kissed me on the lips. I told him no. The DA says since I have no proof of it, it is His Word against Mine. How can I get him on charges?
2 Answers from Attorneys
Re: His Word against Mine
Sexual harassment at work is prohibited by the federal anti-discrimination laws. If there is sufficient evidence of this, then you may have a claim for money damages. Please feel free to contact an attorney to discuss the facts of your case.
Re: His Word against Mine
To further the reply of Mr. Friedman, the DA (or, in Illinois, the State's Attorney) must prove criminal assault and battery, i.e., harassment, to a standard of "beyond a reasonable doubt," which may be difficult in a "his word against mine" environment.
In a civil lawsuit, however, based upon federal or state anti-descrimination statutes, a plaintiff need only meet a standard of "preponderance of the evidence," or, in layman's terms, fifty-one percent.
Thus, while you may have a valid claim against your employer for money damages in a civil proceeding, a prosecutor may not want to take the case.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]
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